Re: Ambulance Service of New South Wales and Broken Hill Town Employees' Union [2004] NSWIRComm 73

Re: Ambulance Service of New South Wales and Broken Hill Town Employees' Union [2004] NSWIRComm 73

The Union bore the onus of establishing on a proper evidentiary basis that the roster proposed by the Service required ambulance officers to perform work that was unjust or unreasonable. Because the alleged past practices and privileges were not clearly identified, the Union's concerns about reconciliation of hours and training were largely speculative, the roster had operated on trial for almost three years, and there was no evidence of actual disadvantage or unfairness, the Commission was not persuaded to interfere with the Service's management of the roster and largely adopted the Service's proposed clauses.

Jurisdiction
Australia
Judgment Date
31 March 2004
Procedural Posture
Industrial Dispute Notifications Pursuant to S130 of the Industrial Relations Act 1996 Concerning Rosters / Arbitration Decision After Compulsory Conferences
Outcome
The Service's proposed modified roster agreement was largely adopted, with the Union's non-mandatory no-disadvantage wording included in the scope clause, and the dispute proceedings were concluded.
Legal Topics
['ambulance Officer Rosters' 'modified Hours Roster Agreement' 'management Prerogative' 'past Practices and Privileges' 'reconciliation of Hours' 'on Call Requirements' 'education and Training' 'maintenance of Roster']
['industrial Relations' 'employment Law'] ['ambulance Officer Rosters' 'modified Hours Roster Agreement' 'management Prerogative' 'past Practices and Privileges' 'reconciliation of Hours' 'on Call Requirements' 'education and Training' 'maintenance of Roster']

Case Brief

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Procedural Posture

Industrial Dispute Notifications Pursuant to S130 of the Industrial Relations Act 1996 Concerning Rosters / Arbitration Decision After Compulsory Conferences

Legal Issues

  1. 1 ['Whether the modified roster proposed by the Ambulance Service of New South Wales imposed unjust or unreasonable conditions on ambulance officers at Broken Hill.' 'Whether broad references to existing past practices and privileges should be preserved in the modified roster agreement.' 'Whether reconciliation of hours for annual leave, long service leave, education and training should operate as proposed by the Service.' "Whether the Service's proposed on call and roster maintenance provisions should be adopted."]

Ratio Decidendi

The Union bore the onus of establishing on a proper evidentiary basis that the roster proposed by the Service required ambulance officers to perform work that was unjust or unreasonable. Because the alleged past practices and privileges were not clearly identified, the Union's concerns about reconciliation of hours and training were largely speculative, the roster had operated on trial for almost three years, and there was no evidence of actual disadvantage or unfairness, the Commission was not persuaded to interfere with the Service's management of the roster and largely adopted the Service's proposed clauses.

Court Disposition

The Service's proposed modified roster agreement was largely adopted, with the Union's non-mandatory no-disadvantage wording included in the scope clause, and the dispute proceedings were concluded.

Orders

  • ["The Service's proposed clause encompassing all past practices and privileges relating to roster and attending training schools was to be reflected in the new agreement." "The Service's proposed reconciliation of hours clause for education and training was to be included in the agreement." "The Service's proposed...