Health Secretary, NSW Ministry of Health v New South Wales Nurses and Midwives Association (No 2) [2024] NSWIRComm 9

Health Secretary, NSW Ministry of Health v New South Wales Nurses and Midwives Association (No 2) [2024] NSWIRComm 9

The Commission found that the New South Wales Nurses and Midwives Association acted contrary to previous commitments by announcing further industrial action instead of bringing disputes to arbitration, and recommended adherence to the process of arbitration as set out in previous orders.

Parties
Applicant/respondent: Health Secretary, NSW Ministry of Health; Respondent/applicant: New South Wales Nurses and Midwives Association
Jurisdiction
Australia
Judgment Date
08 November 2024
Procedural Posture
Industrial Dispute and Applications for New Awards / Recommendation and Directions Following Intensive Discussions; Prior Orders Referenced
Outcome
Recommendation issued; directions made for arbitration process and against further industrial action
Legal Topics
Industrial Disputes, Arbitration, Industrial Action, Award Variations
Industrial Relations Industrial Disputes Arbitration Industrial Action Award Variations

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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 and Applications for New Awards / Recommendation and Directions Following Intensive Discussions; Prior Orders Referenced

Legal Issues

  1. 1 Whether the parties have complied with commitments to cease industrial action and pursue arbitration
  2. 2 Whether the Health Secretary engaged in good faith during negotiations
  3. 3 Whether further industrial action is justified under commitments made to the Commission

Ratio Decidendi

The Commission found that the New South Wales Nurses and Midwives Association acted contrary to previous commitments by announcing further industrial action instead of bringing disputes to arbitration, and recommended adherence to the process of arbitration as set out in previous orders.

Court Disposition

Recommendation issued; directions made for arbitration process and against further industrial action

Orders

  • The New South Wales Nurses and Midwives Association recommit to having each of these disputes set down for arbitration expeditiously and for there to be no industrial action whilst that process is occurring.
  • Matters set down before the Commission at 11:00am on Monday, 25 November 2024.