Health Services Union NSW v Health Secretary on behalf of Northern NSW Local Health District [2020] NSWIRComm 1027

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Health Secretary on behalf of Northern NSW Local Health District [2020] NSWIRComm 1027 Hearing dates: 9 March 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Webster Decision: Leave to appeal refused Catchwords: APPEAL – principles governing leave to appeal – award interpretation – Sexual Assault Workers performing out of hours work – telephone counselling service – "intake duties" – "return to duty" – on call allowance – call out allowance Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 175, 188 Cases Cited: Bossak v Health Secretary in respect of Murrumbidgee Local Health District [2020] NSWIRComm 1009 Fire Brigade Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Health Services Union New South Wales v Health Secretary on behalf of Northern NSW Local Health District [2019] NSWIRComm 1055 Category: Principal judgment Parties: Health Services Union NSW (Appellant)

Health Secretary on behalf of Northern NSW Local Health District (Respondent) Representation: Counsel: Mr M Gibian SC (Appellant) Mr Y Shariff (Respondent)

Solicitors: Ms A Grayson, Maurice Blackburn Lawyers (Appellant) Ms K Jonas, NSW Ministry of Health (Respondent) File Number(s): 2019/00283805 Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2019] NSWIRComm 1055 Date of Decision: 15 August 2019 Before: Commissioner Sloan File Number(s): 2017/00279403