Health Secretary in respect of Western NSW Local Health District v Health Services Union NSW [2019] NSWIRComm 1086

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of Western NSW Local Health District v Health Services Union NSW [2019] NSWIRComm 1086 Hearing dates: 11 November 2019 Date of orders: 11 November 2019 Decision date: 22 November 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Constant, Commissioner Sloan Decision: Leave to appeal is refused Catchwords: APPEAL – leave to appeal – principles to apply –whether appeal raises substantial issues of principle or law, or issues having any wider application than to the parties themselves – whether Commissioner at first instance misinterpreted award – meaning of "appointed as such" – whether term requires deliberate or formal act of appointment – whether requiring employee to perform the full range of duties of a classification constitutes an "appointment" to that classification Legislation Cited: Apprenticeship and Traineeship Act 2001 (NSW) Health Services Act 1988 (Vic) Health Services Act 1997 (NSW) ss 116, 116G, 116H Industrial Relations Act 1996 (NSW) ss 3, 10, 83, 187, 188 Cases Cited: Australian, Municipal, Administrative, Clerical and Services Union v Commonwealth of Australia (acting through and represented by the Australian Taxation Office) [2018] FWCFB 1170 Branir Pty Limited v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Geo. A. Bond & Co Ltd (In Liquidation) v McKenzie [1929] AR (NSW) 498 Gollin & Co Ltd v Karenlee Nominees Pty Ltd (1983) 153 CLR 455 Health Services Union NSW v Secretary, Ministry of Health in respect of Western New South Wales Local Health District [2019] NSWIRComm 1007 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Stoelwinder v Southern Health [2001] FCA 115 Tradax Export SA v Volkswagenwerk AG ("La Loma") [1970] 1 QB 537 Zatorski v South Australian Railways Commissioner & Anor (1982) 1 IR 354 House v The King (1936) 55 CLR 499; [1936] HCA 40 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Texts Cited: Health Employees (State) Award Category: Principal judgment Parties: Health Secretary in respect of Western NSW Local Health District (Appellant)