Australian Salaried Medical Officers Federation (NSW) v Ministry of Health [2019] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers Federation (NSW) v Ministry of Health [2019] NSWIRComm 1041 Hearing dates: 30 May 2019 Date of orders: 24 June 2019 Decision date: 24 June 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. I find that:

(1) the parties are bound to comply with cl 3(h) of the Staff Specialists (State) Award; and

(2) the "status quo" for the purposes of cl 3(h) of the Staff Specialists (State) Award includes the policy directive titled "Office Accommodation Policy – Public Health Organisations and Ambulance Service", document number PD2005_576.

2. I recommend that the Ministry of Health continue to apply the policy directive titled "Office Accommodation Policy – Public Health Organisations and Ambulance Service", document number PD2005_576, with respect to staff specialists covered by the Staff Specialists (State) Award pending the resolution or determination of the substantive dispute before the Commission in these proceedings. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Award interpretation – relevant principles to be applied – meaning and application of status quo provision in the award – whether discretion should be exercised to refuse relief Legislation Cited: Fair Work Act 2009 (Cth) Health Services Act 1997 (NSW) s 116 Industrial Relations Act 1996 (NSW) ss 3, 6, 8, 10, 14, 130, 131, 136, 175 Cases Cited: Australian Rail, Tram and Bus Industry Union, New South Wales and State Transit Authority [2013] NSWIRComm 102 Energy Australia Yallourn Pty Ltd v Australian Manufacturing Workers' Union (2018) 281 IR 319, [2018] FCAFC 146 Energy Australia Yallourn Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2017] FCA 1245 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Health Services Union v Director-General, Department of Health (NSW) (2010) 193 IR 359; [2010] NSWIRComm 42 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2018] NSWIRComm 1079 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2012] FWA 2045 Category: Procedural and other rulings Parties: Australian Salaried Medical Officers Federation (NSW) (Notifier)