Health Secretary, NSW Ministry of Health v New South Wales Nurses and Midwives Association (No 3) [2024] NSWIRComm 16
Given the failure of discussions and conciliation to resolve the dispute, matters are to proceed to arbitration with certificates of attempted conciliation to be issued where required.
- Parties
- Applicant/respondent: Health Secretary, NSW Ministry of Health; Respondent/applicant: New South Wales Nurses and Midwives Association
- Jurisdiction
- Australia
- Judgment Date
- 26 November 2024
- Procedural Posture
- Industrial Dispute / Procedural Directions Prior to Arbitration
- Outcome
- Recommendation and directions issued
- Legal Topics
- Industrial Arbitration, Industrial Action, Commission Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Health Secretary, NSW Ministry of Health
Applicant/respondent
New South Wales Nurses and Midwives Association
Respondent/applicant
Procedural Posture
Industrial Dispute / Procedural Directions Prior to Arbitration
Legal Issues
- 1 Procedure for resolution of industrial dispute
- 2 Appropriate steps where discussions and conciliation have failed
Ratio Decidendi
Given the failure of discussions and conciliation to resolve the dispute, matters are to proceed to arbitration with certificates of attempted conciliation to be issued where required.
Court Disposition
Recommendation and directions issued
Orders
- The Association to inform the Health Secretary by 9 December 2024 whether it accepts the recommendation to commit its claims to arbitration and suspend industrial action.
- The Association to inform the Health Secretary by 10 December 2024 of its proposed approach to arbitration.
Full Case Text
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