Notification under section 130 by the NSW Department of Health of a Dispute with Health Services Union re Threatened Industrial Action by Ambulance Crews [2009] NSWIRComm 16

Notification under section 130 by the NSW Department of Health of a Dispute with Health Services Union re Threatened Industrial Action by Ambulance Crews [2009] NSWIRComm 16

The proposed indefinite industrial action by HSU ambulance members had the potential to adversely affect public health and wellbeing, endangered members of the public, was directed to an industrial goal contrary to a recent Full Bench decision, and breached the award dispute settlement procedures. In those circumstances the conduct was reprehensible, ill conceived and unnecessary, and orders restraining the industrial action and requiring communication of the decision were required; the consent award variation was also made because it would most likely facilitate effective implementation of the award.

Jurisdiction
Australia
Judgment Date
18 February 2009
Procedural Posture
Notification of an Industrial Dispute Under S 130 of the Industrial Relations Act 1996 and Application for Variation of the Operational Ambulance Officers (state) Award / Ex Tempore Decision and Orders of the Full Bench
Outcome
Orders made restraining threatened industrial action and requiring communication of the decision; Operational Ambulance Officers (State) Award varied.
Legal Topics
['industrial Dispute' 'threatened Industrial Action' 'ambulance Crews' 'public Health and Safety' 'award Variation' 'dispute Settlement Procedures']
['industrial Relations'] ['industrial Dispute' 'threatened Industrial Action' 'ambulance Crews' 'public Health and Safety' 'award Variation' 'dispute Settlement Procedures']

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Procedural Posture

Notification of an Industrial Dispute Under S 130 of the Industrial Relations Act 1996 and Application for Variation of the Operational Ambulance Officers (state) Award / Ex Tempore Decision and Orders of the Full Bench

Legal Issues

  1. 1 ['Whether threatened industrial action by Health Services Union members employed in the Ambulance Service of New South Wales should be restrained by orders of the Commission.' 'Whether the threatened industrial action endangered members of the public or had potential to adversely affect their health and wellbeing.' 'Whether the threatened industrial action was contrary to a recent Full Bench decision and in breach of dispute settlement procedures prescribed by the award.' 'Whether the Operational Ambulance Officers (State) Award should be varied by consent.']

Ratio Decidendi

The proposed indefinite industrial action by HSU ambulance members had the potential to adversely affect public health and wellbeing, endangered members of the public, was directed to an industrial goal contrary to a recent Full Bench decision, and breached the award dispute settlement procedures. In those circumstances the conduct was reprehensible, ill conceived and unnecessary, and orders restraining the industrial action and requiring communication of the decision were required; the consent award variation was also made because it would most likely facilitate effective implementation of the award.

Court Disposition

Orders made restraining threatened industrial action and requiring communication of the decision; Operational Ambulance Officers (State) Award varied.

Orders

  • ["The Health Services Union (HSU), by its officers and employees, and its members and delegates employed in the Ambulance Service of New South Wales shall forthwith withdraw all threats of industrial action and refrain from taking any industrial action whatsoever, but, in particular, the industrial action threatened...