NSW Department of Health and Health Services Union [2008] NSWIRComm 145

NSW Department of Health and Health Services Union [2008] NSWIRComm 145

Because the HSU sub-Branch delegates had refused to adhere to directions made in response to serious industrial action occurring while award proceedings remained before the Commission, the Commission adjourned rather than immediately resuming the proceedings, so that delegates could reconsider their position and the Ambulance Service could consider any further application, with a Report Back fixed for the following morning.

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Industrial Dispute and Award Variation/new Award Proceedings / Report Back; Statement (no. 3) Following Non Compliance With Directions
Outcome
Proceedings were not resumed that afternoon and were adjourned for Report Back at 9.30 am the following morning.
Legal Topics
['industrial Dispute' 'work Bans' 'non Compliance With Commission Directions' 'ambulance Service Awards' 'industrial Action During Proceedings']
['industrial Relations'] ['industrial Dispute' 'work Bans' 'non Compliance With Commission Directions' 'ambulance Service Awards' 'industrial Action During Proceedings']

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Procedural Posture

Industrial Dispute and Award Variation/new Award Proceedings / Report Back; Statement (no. 3) Following Non Compliance With Directions

Legal Issues

  1. 1 ["Whether the Health Services Union's members employed in the Ambulance Service should adhere to directions made under s 134(2) of the Industrial Relations Act 1996 in relation to industrial action." 'Whether ongoing industrial action was appropriate while the Union was prosecuting award proceedings before the Commission for improvements in wages and conditions.' 'Whether the proceedings should resume immediately or be adjourned for a further Report Back to allow reconsideration and possible further application by the Ambulance Service.']

Ratio Decidendi

Because the HSU sub-Branch delegates had refused to adhere to directions made in response to serious industrial action occurring while award proceedings remained before the Commission, the Commission adjourned rather than immediately resuming the proceedings, so that delegates could reconsider their position and the Ambulance Service could consider any further application, with a Report Back fixed for the following morning.

Court Disposition

Proceedings were not resumed that afternoon and were adjourned for Report Back at 9.30 am the following morning.

Orders

  • ['Proceedings to resume for Report Back at 9.30 am tomorrow morning.']