Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1044

Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1044

The Commission was persuaded that the proposed industrial action called for intervention because the evidence established that, whether or not PAR was maintained, the action would result in fewer ambulances on the road than would otherwise be the case, with unchallenged evidence of potential adverse patient outcomes, increased response times, and added dispatcher risk. The qualifications "where practical" and suspension where the patient's condition deemed otherwise lacked certainty and added difficulty to managing risk, and there was insufficient evidence that any March 2023 understanding about maintaining PAR had been communicated to the broader membership. In the public interest,...

Jurisdiction
Australia
Judgment Date
10 May 2023
Procedural Posture
Notification of an Industrial Dispute and Application for Dispute Orders / Expedited Hearing; Conciliation Unsuccessful; Arbitration; Ex Tempore Decision and Orders
Outcome
Orders and directions made restraining the proposed industrial action and requiring notification to HSU members and representatives.
Legal Topics
['industrial Disputes' 'industrial Action' 'dispute Orders' 'public Interest' 'ambulance Services']
['employment and Industrial Law'] ['industrial Disputes' 'industrial Action' 'dispute Orders' 'public Interest' 'ambulance Services']

Case Brief

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Procedural Posture

Notification of an Industrial Dispute and Application for Dispute Orders / Expedited Hearing; Conciliation Unsuccessful; Arbitration; Ex Tempore Decision and Orders

Legal Issues

  1. 1 ['Whether the Commission should make orders under the Industrial Relations Act 1996 restraining the proposed industrial action described as the "paramedics in training support protest".' 'Whether the proposed industrial action posed risks to patient health and safety and the public interest sufficient to warrant Commission intervention.' 'Whether the HSU\'s reliance on the words "where practical", maintenance of PAR numbers, prior March 2023 arrangements, and an asserted entitlement to take industrial action in bargaining should affect the exercise of discretion.']

Ratio Decidendi

The Commission was persuaded that the proposed industrial action called for intervention because the evidence established that, whether or not PAR was maintained, the action would result in fewer ambulances on the road than would otherwise be the case, with unchallenged evidence of potential adverse patient outcomes, increased response times, and added dispatcher risk. The qualifications "where practical" and suspension where the patient's condition deemed otherwise lacked certainty and added difficulty to managing risk, and there was insufficient evidence that any March 2023 understanding about maintaining PAR had been communicated to the broader membership. In the public interest,...

Court Disposition

Orders and directions made restraining the proposed industrial action and requiring notification to HSU members and representatives.

Orders

  • ['Pursuant to ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996, the Health Services Union NSW, its officers and employees, and its members employed in the Ambulance Service of NSW must immediately cease taking industrial action described as "Paramedics in training support protest" in emails sent from...