NSW Ministry of Health v Health Services Union New South Wales and anor (No. 2) [2019] NSWIRComm 1081

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Ministry of Health v Health Services Union New South Wales and anor (No. 2) [2019] NSWIRComm 1081 Hearing dates: 19 September 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The Paramedics and Control Centre Officers (State) Award 2019 is varied in accordance with Schedule 1 of the Amended Application to Vary an Award filed by the NSW Ministry of Health on 2 September 2019. 2. The Application filed by the Health Services Union NSW on 10 September 2019 is dismissed. 3. I direct the Ministry to file and serve short minutes of order reflecting Order 1 by 4.00pm on 13 November 2019. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Variation – application by employer for creation of new classification – counter application by HSU – whether substantial reason for variations and not contrary to the public interest – whether proposed rates of pay would set fair and reasonable conditions of employment – whether HSU application amounts to extra claim or contrary to wage fixing principles – presumption that award provides fair and reasonable conditions of employment – whether presumption rebutted Legislation Cited: Industrial Relations Act 1996 (NSW) ss 17, 130, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cl 6 Cases Cited: Elura Mine Enterprise (Consent) Award 2001 [2003] NSWIRComm 218 Kellogg (Aust) Pty Ltd v National Union of Workers, New South Wales [2003] NSWIRComm 167 Ku Children's Services (Other Than Teachers) (State) Award 1998 [2000] NSWIRComm 94 NSW Ministry of Health v Health Services Union NSW and anor [2019] NSWIRComm 1035 O'Sullivan v Farrer (1989) 168 CLR 201 Operational Ambulance Officers (State) Award, Re [2001] NSWIRComm 331 Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032 Re Crown Employees (Correctional Officers, Department of Corrective Services) Award 2007 for Kempsey, Dillwynia and Wellington Correctional Centres (No 2) [2015] NSWIRComm 38 Re Crown Employees (NSW Fire Brigade Retained Firefighter Staff) Award 2008 [2012] NSWIRComm 122 Category: Principal judgment Parties: NSW Ministry of Health (Applicant)