Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Line Ownership at Wagga Wagga) [2021] NSWIRComm 1053

Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Line Ownership at Wagga Wagga) [2021] NSWIRComm 1053

The HSU did not establish that line ownership was incorporated into employment contracts by custom, practice and usage, because the evidence did not show a practice so well known and acquiesced in that it could be presumed to be imported into contracts. It also did not establish a verbal collateral contract, as the evidence showed only explanations of rostering arrangements and not contractual commitments. The estoppel claim failed because the evidence did not demonstrate induced assumptions as to legal entitlement, reliance, or relevant detriment. The Commission was not satisfied that removing line ownership and implementing rosters in accordance with the Award was unreasonable,...

Jurisdiction
Australia
Judgment Date
07 July 2021
Procedural Posture
Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 (nsw) / Arbitration; Principal Judgment
Outcome
The Notification is dismissed.
Legal Topics
['industrial Disputes' 'rostering' 'line Ownership' 'contractual Entitlement' 'custom, Practice and Usage' 'collateral Contract' 'estoppel' 'employer Operational Needs']
['employment and Industrial Law' 'industrial Relations'] ['industrial Disputes' 'rostering' 'line Ownership' 'contractual Entitlement' 'custom, Practice and Usage' 'collateral Contract' 'estoppel' 'employer Operational Needs']

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Procedural Posture

Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 (nsw) / Arbitration; Principal Judgment

Legal Issues

  1. 1 ['Whether paramedics at the Wagga Wagga Ambulance Station had a contractual entitlement to continued line ownership by custom, practice and usage.' 'Whether a verbal collateral contract was formed with line owners that rosters would include line ownership.' 'Whether NSW Ambulance was estopped from ceasing the practice of line ownership.' 'Whether the Commission should intervene because removal of line ownership would be unfair or unreasonable.']

Ratio Decidendi

The HSU did not establish that line ownership was incorporated into employment contracts by custom, practice and usage, because the evidence did not show a practice so well known and acquiesced in that it could be presumed to be imported into contracts. It also did not establish a verbal collateral contract, as the evidence showed only explanations of rostering arrangements and not contractual commitments. The estoppel claim failed because the evidence did not demonstrate induced assumptions as to legal entitlement, reliance, or relevant detriment. The Commission was not satisfied that removing line ownership and implementing rosters in accordance with the Award was unreasonable,...

Court Disposition

The Notification is dismissed.

Orders

  • ['The Notification is dismissed.']