NSW Ministry of Health v Health Services Union New South Wales and anor [2019] NSWIRComm 1035

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Ministry of Health v Health Services Union New South Wales and anor [2019] NSWIRComm 1035 Hearing dates: 12 April 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The notice of motion is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – application for variation of award – notice of motion to have application dismissed – whether application precluded by Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) – review of authorities on Regulation – whether application precluded by no extra claims clause in award – review of clause – application not precluded on either basis Legislation Cited: Industrial Relations Act 1996 (NSW) ss 17, 130, 135 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cl 6(1)(d) Cases Cited: Child Protection (Working with Children) Award 2014 (2015) 249 IR 420; [2015] NSWIRComm 8 Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v State of New South Wales [2014] NSWCA 116 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] 87 NSWLR 41 Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032 Roads and Maritime Services Division of the Government Service of New South Wales - Consolidated Salaried Employees Award 2013 (No 2) [2014] NSWIRComm 32 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] 247 IR 129 Unuafe v Commissioner of Police [2015] NSWIRComm 1007 Category: Procedural and other rulings Parties: NSW Ministry of Health (Applicant) Health Services Union New South Wales (First Respondent) Australian Paramedics Association (NSW) (Second Respondent) Representation: Counsel: E Raper (Applicant) I Latham (Second Respondent) Solicitors: J Fox (First Respondent) File Number(s): 2018/00229087