NSW Department of Health and Health Services Union [2008] NSWIRComm 143

NSW Department of Health and Health Services Union [2008] NSWIRComm 143

Given the overlap between issues raised in the bans and ongoing award variation proceedings, members of the Union should cease and refrain from industrial action pending further decision, and both parties should take steps to restore normal work arrangements and report response to Commission.

Parties
Notifier: NSW Department of Health; Respondent: Health Services Union
Jurisdiction
Australia
Judgment Date
25 July 2008
Procedural Posture
Industrial Dispute, Award Variation Applications / Statement and Recommendation During Ongoing Proceedings
Outcome
recommendation to cease industrial action; reporting order; liberty to apply
Legal Topics
Work Bans, Industrial Action, Award Variation, Employment Conditions, Rosters, Staffing
Industrial Law Work Bans Industrial Action Award Variation Employment Conditions Rosters Staffing

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Parties

NSW Department of Health

Notifier

Health Services Union

Respondent

Procedural Posture

Industrial Dispute, Award Variation Applications / Statement and Recommendation During Ongoing Proceedings

Legal Issues

  1. 1 Whether work bans by ambulance officers are justified during ongoing award variation proceedings
  2. 2 Overlap between issues in award proceedings and issues raised by Union
  3. 3 Appropriateness of maintaining bans given procedural posture

Ratio Decidendi

Given the overlap between issues raised in the bans and ongoing award variation proceedings, members of the Union should cease and refrain from industrial action pending further decision, and both parties should take steps to restore normal work arrangements and report response to Commission.

Court Disposition

recommendation to cease industrial action; reporting order; liberty to apply

Orders

  • Members of the Health Services Union employed in the Ambulance Service of New South Wales shall cease forthwith and refrain from taking or threatening to take industrial action until further decision of the Commission.
  • Health Services Union, by its officers and employees, shall take all reasonable steps to ensure compliance.