Health Secretary in respect of the NSW Health Service, NSW Health Pathology Division v Health Services Union [2023] NSWIRComm 1102

Health Secretary in respect of the NSW Health Service, NSW Health Pathology Division v Health Services Union [2023] NSWIRComm 1102

The threatened 24-hour stoppage would delay the important forensic medicine work undertaken by the notifier and, at short notice, would affect grieving families, coronial processes and police investigations. Although the Commission accepted that the Technicians' staffing and FMIS concerns were real and that there was a public interest in appropriate resourcing, the notifier had already agreed to additional staffing, was open to ongoing discussions, and any further increase would necessarily occur over time because of training requirements. The HSU's concern about future staffing had not yet crystallised into a refusal by the notifier to increase staffing further. In those circumstances,...

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Urgent Industrial Dispute Concerning Threatened Industrial Action and Dispute Orders / Ex Tempore Decision
Outcome
Dispute orders made; duration reduced to four months.
Legal Topics
['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest Considerations' 'forensic Mortuary Technicians' 'staffing Levels']
['employment and Industrial Law'] ['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest Considerations' 'forensic Mortuary Technicians' 'staffing Levels']

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Procedural Posture

Urgent Industrial Dispute Concerning Threatened Industrial Action and Dispute Orders / Ex Tempore Decision

Legal Issues

  1. 1 ['Whether the Commission should make dispute orders under ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996 (NSW) restraining threatened industrial action by HSU members employed as Forensic Mortuary Technicians and Senior Forensic Mortuary Technicians.' 'Whether the public interest impacts of the proposed 24-hour stoppage, including delays affecting bereaved families, coronial processes and police investigations, justified intervention by the Commission.' 'What duration should be imposed for orders restraining organising or taking industrial action.']

Ratio Decidendi

The threatened 24-hour stoppage would delay the important forensic medicine work undertaken by the notifier and, at short notice, would affect grieving families, coronial processes and police investigations. Although the Commission accepted that the Technicians' staffing and FMIS concerns were real and that there was a public interest in appropriate resourcing, the notifier had already agreed to additional staffing, was open to ongoing discussions, and any further increase would necessarily occur over time because of training requirements. The HSU's concern about future staffing had not yet crystallised into a refusal by the notifier to increase staffing further. In those circumstances,...

Court Disposition

Dispute orders made; duration reduced to four months.

Orders

  • ['The Health Services Union New South Wales (HSU), its officers, employees and members employed by the Secretary Ministry of Health are ordered to immediately cease organising, and refrain from taking industrial action by those employees engaged as Forensic Mortuary Technicians and Senior Forensic Mortuary...