Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Casual Intensive Care Paramedics) [2023] NSWIRComm 1086

Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Casual Intensive Care Paramedics) [2023] NSWIRComm 1086

Because the existing dispute had substantially been resolved, the first recommendation sought would have no utility, and the second recommendation concerned a hypothetical future cohort. Any determination construing the Award in the manner sought would be tantamount to declaratory or advisory relief, which was not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 August 2023
Procedural Posture
Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 / Ex Tempore Decision on Relief Sought in Industrial Dispute Notification
Outcome
The notification is dismissed.
Legal Topics
['industrial Disputes' 'award Interpretation' 'casual Intensive Care Paramedics' 'applicable Rate of Pay' 'declaratory Relief and Jurisdiction']
['employment and Industrial Law'] ['industrial Disputes' 'award Interpretation' 'casual Intensive Care Paramedics' 'applicable Rate of Pay' 'declaratory Relief and Jurisdiction']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 / Ex Tempore Decision on Relief Sought in Industrial Dispute Notification

Legal Issues

  1. 1 ['Whether casual paramedics with Intensive Care Paramedic credentials should be classified and paid as Intensive Care Paramedics under the Paramedics and Control Centre Officers (State) Award 2022.' 'Whether the phrase "and who is appointed to an approved Intensive Care Paramedic position" in cl 5(b)(iv) of the Award encompasses a paramedic performing or being ready and willing to perform the work of an Intensive Care Paramedic.' 'Whether the Commission could determine the Award construction sought by the HSU in the present proceedings without granting declaratory or advisory relief beyond its jurisdiction.']

Ratio Decidendi

Because the existing dispute had substantially been resolved, the first recommendation sought would have no utility, and the second recommendation concerned a hypothetical future cohort. Any determination construing the Award in the manner sought would be tantamount to declaratory or advisory relief, which was not within the Commission's jurisdiction in these proceedings. The Commission therefore declined to grant the relief and dismissed the notification.

Court Disposition

The notification is dismissed.

Orders

  • ['The Commission declines to grant the relief sought.' 'The notification is dismissed.']