Corrections Health Service Nurses' (State) Award (No.2), Re [2001] NSWIRComm 58

Corrections Health Service Nurses' (State) Award (No.2), Re [2001] NSWIRComm 58

The Full Bench held that Corrections Health Service nurses should be integrated into the Public Hospital Nurses' (State) Award, but the Health Administration Corporation had not made out a case to remove or reduce their existing environmental allowance or productivity allowance, particularly in light of the statutory protection for transferred employees and the industrial history of those entitlements. The Commission found that the work of Corrections Health Service nurses and public hospital nurses was materially similar overall, so the union had not established a basis for superior sick leave or special transfer provisions, but the prison working environment justified retaining and...

Jurisdiction
Australia
Judgment Date
29 March 2001
Procedural Posture
Award Applications Heard as a Special Case Under the Commission's Wage Fixing Principles / Full Bench Decision
Outcome
Public Hospital Nurses' (State) Award varied; environmental and productivity allowances awarded; sick leave and transfer claims rejected; Corrections Health Service Nurses' (Interim) (State) Award rescinded.
Legal Topics
['award Variation' 'corrections Health Service Nurses' "public Hospital Nurses' (state) Award" 'environmental Allowance' 'productivity Allowance' 'sick Leave Entitlements' 'transfer Provisions' 'transferred Employees']
['industrial Relations' 'employment Law'] ['award Variation' 'corrections Health Service Nurses' "public Hospital Nurses' (state) Award" 'environmental Allowance' 'productivity Allowance' 'sick Leave Entitlements' 'transfer Provisions' 'transferred Employees']

Case Brief

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Procedural Posture

Award Applications Heard as a Special Case Under the Commission's Wage Fixing Principles / Full Bench Decision

Legal Issues

  1. 1 ["Whether Corrections Health Service nurses should be covered by the Public Hospital Nurses' (State) Award and on what terms." 'Whether the environmental allowance should be removed, retained or increased for Corrections Health Service nurses.' 'Whether transferred employees were protected from reduction in salary, wages and allowances by Sch 3 of the Health Administration Act 1982.' 'Whether the agreed productivity allowance of $38.30 a week should be treated as an all purpose allowance adjusted with wage movements or as a diminishing margin.' 'Whether Corrections Health Service nurses should receive superior paid sick leave entitlements.' 'Whether special transfer provisions should apply to Corrections Health Service nurses.']

Ratio Decidendi

The Full Bench held that Corrections Health Service nurses should be integrated into the Public Hospital Nurses' (State) Award, but the Health Administration Corporation had not made out a case to remove or reduce their existing environmental allowance or productivity allowance, particularly in light of the statutory protection for transferred employees and the industrial history of those entitlements. The Commission found that the work of Corrections Health Service nurses and public hospital nurses was materially similar overall, so the union had not established a basis for superior sick leave or special transfer provisions, but the prison working environment justified retaining and...

Court Disposition

Public Hospital Nurses' (State) Award varied; environmental and productivity allowances awarded; sick leave and transfer claims rejected; Corrections Health Service Nurses' (Interim) (State) Award rescinded.

Orders

  • ['The parties are directed to confer with a view to drafting appropriate award variations to give effect to the decision.' 'Award clauses should contain a notation stating that transferred employees within the meaning of Sch 3 of the Health Administration Act are not to suffer any reduction in salary, wages or...