Secretary, NSW Health in respect of HealthShare NSW v Health Services Union NSW [2023] NSWIRComm 1085

Secretary, NSW Health in respect of HealthShare NSW v Health Services Union NSW [2023] NSWIRComm 1085

Although the Commission accepted that the PTS process was endorsed by the appropriate medical expertise and appeared safe, and that the notifier's use of discussion, conciliation and arbitration had force, the evidence did not quantify the alleged operational impact of the bans in numbers, dollars or time. Given...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Industrial Dispute / Arbitration Application for Dispute Orders Under the Industrial Relations Act 1996
Outcome
Application dismissed
Legal Topics
['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'patient Transport Service COVID 19 Work Bans']
['employment and Industrial Law'] ['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'patient Transport Service COVID 19 Work Bans']

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Procedural Posture

Industrial Dispute / Arbitration Application for Dispute Orders Under the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether the Commission should make dispute orders requiring the HSU and its members to cease or refrain from industrial action concerning red and green patient transfers.' 'Whether the public interest justified making dispute orders in light of asserted patient safety concerns and asserted operational delays, costs and inefficiencies.' "Whether the notifier's use of discussion, conciliation and arbitration processes supported the discretionary making of a dispute order."]

Ratio Decidendi

Although the Commission accepted that the PTS process was endorsed by the appropriate medical expertise and appeared safe, and that the notifier's use of discussion, conciliation and arbitration had force, the evidence did not quantify the alleged operational impact of the bans in numbers, dollars or time. Given that dispute orders are serious and not readily granted, the Commission was not satisfied that the public interest was attracted to the requisite level to exercise the discretion to make a dispute order.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']