Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1045

Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1045

Clause 32 of the Health Employees' Conditions of Employment (State) Award, properly construed by its plain meaning and industry context, entitles Patient Transport Officers in HealthShare NSW and Local Health Districts to be paid the infectious cleaning allowance for any shift in which they assist in the lifting and/or transporting of infectious patients. The classification of PTO is an equivalent classification to porters or wardspersons for the purposes of clause 32. Determination No 6 of 2016 and subsequent industry practice support this conclusion, and the prior Commissioner's decision did not consider the specific evidence now before the Commission regarding PTOs' duties and history.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Industrial Dispute – Award Interpretation / Final Determination Under S 175 of the Industrial Relations Act 1996
Outcome
Determination in favour of the Respondent (HSU); PTOs are entitled to the allowance under clause 32 of the Award.
Legal Topics
['award Interpretation' 'employee Entitlements' 'industrial Allowance' 'patient Transport Officers' 'infectious Cleaning Allowance']
['industrial Law'] ['award Interpretation' 'employee Entitlements' 'industrial Allowance' 'patient Transport Officers' 'infectious Cleaning Allowance']

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Procedural Posture

Industrial Dispute – Award Interpretation / Final Determination Under S 175 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ["Whether Patient Transport Officers are entitled to be paid the infectious cleaning allowance provided for in clause 32 of the Health Employees' Conditions of Employment (State) Award."]

Ratio Decidendi

Clause 32 of the Health Employees' Conditions of Employment (State) Award, properly construed by its plain meaning and industry context, entitles Patient Transport Officers in HealthShare NSW and Local Health Districts to be paid the infectious cleaning allowance for any shift in which they assist in the lifting and/or transporting of infectious patients. The classification of PTO is an equivalent classification to porters or wardspersons for the purposes of clause 32. Determination No 6 of 2016 and subsequent industry practice support this conclusion, and the prior Commissioner's decision did not consider the specific evidence now before the Commission regarding PTOs' duties and history.

Court Disposition

Determination in favour of the Respondent (HSU); PTOs are entitled to the allowance under clause 32 of the Award.

Orders

  • ["Clause 32 of the Health Employees' Conditions of Employment (State) Award applies to Patient Transport Officers in HealthShare NSW and Local Health Districts; they are entitled to be paid the allowance in that clause for shifts during which they assist in the lifting and/or transporting of infectious patients."...