Notification under section 130 by the Ambulance Service of New South Wales of a dispute with Health Services Union re threatened industrial action in Inner Hunter area [2008] NSWIRComm 1136

Notification under section 130 by the Ambulance Service of New South Wales of a dispute with Health Services Union re threatened industrial action in Inner Hunter area [2008] NSWIRComm 1136

Although the incidence of single officer crewing at Cessnock and Nelson Bay is low, there is a reasonably foreseeable risk of harm and increased stress to officers and patients that renders the employer's system of work unjust and unreasonable. The potential for severe outcomes, consistent with the employer's health and safety duties under statute and common law, warrants intervention. Therefore, it is appropriate for the Commission to require a trial period of full roster maintenance at those stations, with evaluation of outcomes.

Jurisdiction
Australia
Judgment Date
12 December 2008
Procedural Posture
Industrial Dispute / Final Decision and Orders
Outcome
Orders made for a six month trial of full roster maintenance at Cessnock and Nelson Bay stations, with evaluation of its effects.
Legal Topics
['single and Double Crewing of Ambulances' 'roster Maintenance' 'managerial Prerogative' 'duties of Employer and Employees' 'workplace Stress' 'risk and Hazard Management']
['industrial Relations' 'occupational Health and Safety'] ['single and Double Crewing of Ambulances' 'roster Maintenance' 'managerial Prerogative' 'duties of Employer and Employees' 'workplace Stress' 'risk and Hazard Management']

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Procedural Posture

Industrial Dispute / Final Decision and Orders

Legal Issues

  1. 1 ['Whether single crewing at Cessnock and Nelson Bay imposes unjust, unreasonable or unsafe demands on ambulance officers' 'Whether the Commission should intervene and order full roster maintenance, overriding managerial prerogative']

Ratio Decidendi

Although the incidence of single officer crewing at Cessnock and Nelson Bay is low, there is a reasonably foreseeable risk of harm and increased stress to officers and patients that renders the employer's system of work unjust and unreasonable. The potential for severe outcomes, consistent with the employer's health and safety duties under statute and common law, warrants intervention. Therefore, it is appropriate for the Commission to require a trial period of full roster maintenance at those stations, with evaluation of outcomes.

Court Disposition

Orders made for a six month trial of full roster maintenance at Cessnock and Nelson Bay stations, with evaluation of its effects.

Orders

  • ['Introduce full roster maintenance at both Cessnock and Nelson Bay stations for a period of six months from an agreed date, no later than 2 February 2009.' "Evaluate the service delivery and economic effects of full roster maintenance for six months from the trial's commencement." 'Ambulance Service and Health...