Australian Salaried Medical Officers Federation (NSW) v Ministry of Health (No. 2) [2019] NSWIRComm 1063

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers Federation (NSW) v Ministry of Health (No. 2) [2019] NSWIRComm 1063 Hearing dates: 22, 23 and 24 July 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: (1) Pursuant to s 164A(1)(c) and (d) of the Industrial Relations Act 1996 (NSW) I order that there be no publication of the documents, or of any of the content of the documents, comprising Exhibit R2 to these proceedings

(2) The matter is adjourned to 4 October 2019.

(3) Liberty is reserved to the parties to have the matter re-listed on reasonable notice.

(4) If that liberty is not exercised by 4 October 2019 the matter will be closed administratively. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – award interpretation – relevant principles to be applied – introduction of "activity based planning" model to design of workspaces – potential to impact on office accommodation made available to staff specialists – whether award entitles staff specialists to enclosed offices, either on an exclusive or shared basis – whether proposed policy is otherwise compliant with the award Legislation Cited: Industrial Relations Act 1996 (NSW) ss 8, 164A, 175 Cases Cited: Australian Rail, Tram and Bus Industry Union, New South Wales and State Transit Authority [2013] NSWIRComm 102 Australian Salaried Medical Officers Federation (NSW) v Ministry of Health [2019] NSWIRComm 1041 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 Lend Lease Real Estate Investments Ltd & Anor v GPT RE Ltd [2006] NSWCA 207 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Category: Principal judgment Parties: Australian Salaried Medical Officers Federation (NSW) (Notifier)