Australian Paramedics Association (NSW) v Health Secretary (NSW Ambulance re Disturbance Allowance) [2020] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Paramedics Association (NSW) v Health Secretary (NSW Ambulance re Disturbance Allowance) [2020] NSWIRComm 1020 Hearing dates: 16 May 2018 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Application for recommendation refused. Catchwords: INDUSTRIAL DISPUTE – award interpretation – employees not on call receiving telephone calls – recall to duty when not on call – whether entitlement to telephone allowance and minimum recall of 4 hours at overtime rates Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v Industrial Relations Secretary PSA [2014] NSWIRComm 23, 87 NSWLR 41 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 George A. Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Kucks v CSR Limited (1996) 66 IR 182 at 184 Category: Principal judgment Parties: Australian Paramedics Association (NSW) (Notifier) Health Services Union (Second notifier) The Health Secretary (Respondent) Representation: Representatives: I Latham, of counsel (Notifier) J Fox (Second Notifier) E Raper, of counsel (Respondent) File Number(s): 2017/00336309

Judgment 1. In November 2017 the Australian Paramedics Association (NSW) ("APA") notified a dispute with NSW Ambulance ("Health Secretary" or "Ministry") concerning a refusal to pay a member an entitlement under the Operational Ambulance Officers (State) Award ("the Award"). NSW Ambulance denied the payment on the basis of its construction of the relevant clause. The Health Services Union ("HSU") had also notified a dispute in Matter IRC 2017/00327678 raising the same issue. 2. The HSU submitted that its dispute notification was terminated on the basis that the substance of it would be joined to this matter. On that ground it sought standing as a second notifier rather than as an intervener. No issue was taken by the APA or the Ministry with the right of the HSU to be heard or to lead evidence. I have therefore regarded it as a party in its own right.