Operational Ambulance Officers (State) Award (No 2) [2015] NSWIRComm 20

Operational Ambulance Officers (State) Award (No 2) [2015] NSWIRComm 20

The Full Bench stated preliminary views to assist the parties: the classification structure would be that sought by the applicant; the first year rate for Critical Care Paramedic (Aeromedical) should be above the adjusted Paramedic Specialist year 3 rate; the second year rate should be no greater than the Clinical Nurse Specialist Grade 1 rate; the rates should absorb the specialist allowance; and the Team Leader (Aeromedical) rate should be 105 per cent of the Critical Care Paramedic (Aeromedical) year 2 rate.

Jurisdiction
Australia
Judgment Date
13 August 2015
Procedural Posture
Procedural and Other Rulings / Further Statement of Preliminary Views as to Quantification
Outcome
The Full Bench issued a further statement of preliminary views as to quantification.
Legal Topics
['classification Structure' 'rates of Pay' 'employee Related Cost Savings' 'specialist Allowance' 'team Leader Rate Relativity' 'industrial Relations (public Sector Conditions of Employment) Regulation 2014']
['industrial Relations' 'public Sector Employment' 'awards'] ['classification Structure' 'rates of Pay' 'employee Related Cost Savings' 'specialist Allowance' 'team Leader Rate Relativity' 'industrial Relations (public Sector Conditions of Employment) Regulation 2014']

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Procedural Posture

Procedural and Other Rulings / Further Statement of Preliminary Views as to Quantification

Legal Issues

  1. 1 ['What classification structure should be adopted for the new Critical Care Paramedic (Aeromedical) classification in the Operational Ambulance Officers (State) Award.' 'What preliminary rates should be fixed for the new classification, having regard to the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014.' 'Whether the rates for the new classification should absorb the specialist allowance prescribed by the award.' 'What rate relativity should apply to Team Leader (Aeromedical).']

Ratio Decidendi

The Full Bench stated preliminary views to assist the parties: the classification structure would be that sought by the applicant; the first year rate for Critical Care Paramedic (Aeromedical) should be above the adjusted Paramedic Specialist year 3 rate; the second year rate should be no greater than the Clinical Nurse Specialist Grade 1 rate; the rates should absorb the specialist allowance; and the Team Leader (Aeromedical) rate should be 105 per cent of the Critical Care Paramedic (Aeromedical) year 2 rate.

Court Disposition

The Full Bench issued a further statement of preliminary views as to quantification.

Orders

  • ['The classification structure will be that sought by the applicant.' 'The first year rate for the new classification should be above the rate of Paramedic Specialist year 3 when those rates are adjusted for 2.5 per cent.' 'The second year rate will be no greater than the rate for a Clinical Nurse Specialist Grade...