Health Services Union NSW v Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network [2019] NSWIRComm 1095

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network [2019] NSWIRComm 1095 Hearing dates: 22 and 23 July 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: 1. The direction to Dr Singh and Dr Raouf to work up to five days rurally every four-week roster cycle is reasonable.

2. The Commission recommends that the DORIS allowance be paid to the Dentists in respect of rural travel. Catchwords: Reasonable direction to undertake rural travel – up to five days per month – removal of allowance – representations made by Justice Health DORIS allowance was payable - custom and practice – recommendation to continue to pay allowance Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utility Union v Warringah Council [2015] NSWIRComm 1012 Category: Principal judgment Parties: Health Services Union of NSW (Notifier)

Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network (Respondent) Representation: B Edghill (for the Notifier)

D Gardner, Bartier Perry (for the Respondent) File Number(s): 2019/78777

Judgment 1. Drs Ahmed Raouf and Inderpreet Singh (the Dentists) are employed by Justice Health and Forensic Mental Health Network (Justice Health) as Dental Officers (DOs) performing dental work for inmates in correctional facilities throughout New South Wales. 2. On 12 March 2019 the Health Services Union, NSW (the Notifier) filed a notification of an industrial dispute or difficulty in respect to the employment of the Dentists. In summary the issue in dispute between the parties is whether it is reasonable that Justice Health require the Dentists to undertake rural travel for up to one week (five days) in every four-week roster cycle to service inmates not located in Metropolitan Sydney. 3. The Notifier originally sought relief in the form of: 1. An order, recommendation or direction that the amount of rural travel required of Dr Singh and Dr Raouf is unreasonable in the circumstances and shall be reduced and will not be more than two days of rural travel; or in the alternative, 2. an award for the payment of an allowance for rural travel. 1. During the course the proceedings, the Notifier abandoned its claim for an award for the payment of an allowance for rural travel. Accordingly all that was sought was an order, recommendation or direction that the Dentists shall not be required to travel rurally more than two days during each four-week roster cycle. 2. This dispute notification followed an earlier notification to the Commission relating to the same issue which was the subject of a conciliation conference convened by Commissioner Constant on 12 February 2019. Attempts by the Commission to resolve the substance of the dispute in both matters through conciliation were not successful. 3. I have found for the reasons that follow that it is reasonable for Justice Health to direct the Dentists to undertake up to one week of travel in every four-week roster cycle. However, I have recommended that Justice Health continue to pay the Dental Officers Rural Incentive Scheme allowance (DORIS allowance) to the Dentists.