NSW Department of Health and Health Services Union [2008] NSWIRComm 144

NSW Department of Health and Health Services Union [2008] NSWIRComm 144

Because the HSU and its Ambulance Service members had not accepted the Commission's earlier recommendation and the submission made for the HSU suggested that delegates would determine the course of the dispute irrespective of the employer, Union officers or the Commission, the Commission considered that no step other than issuing a Direction in the public interest was available.

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Notification Under Section 130 by NSW Department of Health of a Dispute With Health Services Union Re Work Bans; Award Variation and New Award Applications / Statement and Direction (no. 2)
Outcome
Direction made pursuant to s 134(2) of the Industrial Relations Act 1996.
Legal Topics
['industrial Dispute' 'work Bans' 'award Applications' 'ambulance Service of New South Wales' 'industrial Action' 'directions Under Industrial Relations Act 1996']
['industrial Relations'] ['industrial Dispute' 'work Bans' 'award Applications' 'ambulance Service of New South Wales' 'industrial Action' 'directions Under Industrial Relations Act 1996']

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Procedural Posture

Notification Under Section 130 by NSW Department of Health of a Dispute With Health Services Union Re Work Bans; Award Variation and New Award Applications / Statement and Direction (no. 2)

Legal Issues

  1. 1 ["Whether, after the Commission's recommendation of 25 July 2008 had not been accepted by the HSU or its Ambulance Service members, the Commission should issue a direction requiring cessation of industrial action." 'Whether the Health Services Union should be required to take reasonable steps to ensure compliance with the direction.']

Ratio Decidendi

Because the HSU and its Ambulance Service members had not accepted the Commission's earlier recommendation and the submission made for the HSU suggested that delegates would determine the course of the dispute irrespective of the employer, Union officers or the Commission, the Commission considered that no step other than issuing a Direction in the public interest was available.

Court Disposition

Direction made pursuant to s 134(2) of the Industrial Relations Act 1996.

Orders

  • ['The members of the Health Services Union employed in the Ambulance Service of New South Wales shall cease forthwith and refrain from taking or threatening to take industrial action until further decision of the Commission.' 'The Health Services Union, by its officers and employees, shall take all reasonable steps...