Ambulance Service of NSW and Health Services Union NSW (No 2) [2012] NSWIRComm 115

Ambulance Service of NSW and Health Services Union NSW (No 2) [2012] NSWIRComm 115

The Commission, noting the ongoing genuine grievances and the provisions of the Industrial Relations Act 1996 for arbitration when conciliation fails, recommended that the application for dispute orders be adjourned sine die and that arbitration proceedings commence, subject to all industrial action or threats being lifted immediately.

Parties
Notifier in Irc2012/962 and Respondent in Irc2012/1045: Ambulance Service of New South Wales; Respondent in Irc2012/962 and Notifier in Irc2012/1045: Health Services Union NSW
Jurisdiction
Australia
Judgment Date
17 October 2012
Procedural Posture
Industrial Dispute/application for Dispute Orders / Procedural Recommendations Following Relisting and Conciliation
Outcome
Recommendations issued; application for dispute orders adjourned sine die; certificate of attempted conciliation to be issued.
Legal Topics
Industrial Dispute, Dispute Orders, Industrial Action, Rostering Arrangements, Conciliation, Arbitration
Industrial Relations Industrial Dispute Dispute Orders Industrial Action Rostering Arrangements Conciliation Arbitration

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Parties

Ambulance Service of New South Wales

Notifier in Irc2012/962 and Respondent in Irc2012/1045

Health Services Union NSW

Respondent in Irc2012/962 and Notifier in Irc2012/1045

Procedural Posture

Industrial Dispute/application for Dispute Orders / Procedural Recommendations Following Relisting and Conciliation

Legal Issues

  1. 1 Whether dispute orders should be made to restrain threatened industrial action
  2. 2 Compliance with recommendations regarding rural roster reforms
  3. 3 Whether ASNSW's rostering arrangements breach the Operational Ambulance Officers (State) Award

Ratio Decidendi

The Commission, noting the ongoing genuine grievances and the provisions of the Industrial Relations Act 1996 for arbitration when conciliation fails, recommended that the application for dispute orders be adjourned sine die and that arbitration proceedings commence, subject to all industrial action or threats being lifted immediately.

Court Disposition

Recommendations issued; application for dispute orders adjourned sine die; certificate of attempted conciliation to be issued.

Orders

  • Application by ASNSW adjourned sine die
  • Commission to issue certificate of attempted conciliation