Health Services Union New South Wales v Health Secretary on behalf of Northern NSW Local Health District [2019] NSWIRComm 1055

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union New South Wales v Health Secretary on behalf of Northern NSW Local Health District [2019] NSWIRComm 1055 Hearing dates: 11 June 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. I direct the parties to confer with a view to agreeing on what amount, if any, is to be paid by the respondent to Sexual Assault Workers as a result of my findings in respect of cl 8C of the Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award 2018.

2. The matter is adjourned to 13 September 2019.

3. Liberty is reserved to the parties to have the matter relisted on reasonable notice.

4. If that liberty is not exercised by 13 September 2019 the matter will be closed administratively. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – award interpretation – employees on call – duties for which on call allowance is paid – whether duties performed by employees whilst on call amount to a "recall to duty" – whether employees entitled to payment for time spent travelling between home and workplace when recalled to duty Legislation Cited: Industrial Relations Act 1996 (NSW) ss 8, 130, 175 Cases Cited: Australian Rail, Tram and Bus Industry Union, New South Wales and State Transit Authority [2013] NSWIRComm 102 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 [2019] NSWIRComm 1025 Polan v Goulburn Valley Health [2016] FCA 440 Category: Principal judgment Parties: Health Services Union New South Wales (Notifier)