Director General, NSW Department of Health and New South Wales Nurses Association (No 3) [2010] NSWIRComm 190

Director General, NSW Department of Health and New South Wales Nurses Association (No 3) [2010] NSWIRComm 190

The Commission deferred consideration of the Director General's application for dispute orders because further progress might be achieved if the Director General made a firm written offer responding to the Association's Nurse Ratios and Skill Mix claims, and if the Association deferred planned industrial action until it had received and considered that offer.

Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Notification of an Industrial Dispute Under S 130 of the Industrial Relations Act 1996 Concerning Proposed Industrial Action by Nurses / Statement and Recommendation on Employer's Application for Dispute Orders; Consideration of Dispute Orders Deferred
Outcome
Consideration of the Director General's application for dispute orders was deferred and recommendations were made to the parties.
Legal Topics
['industrial Dispute' 'proposed Industrial Action' 'nurses' 'public Health System' 'dispute Orders' 'nurse Ratios and Skill Mix' 'wages and Working Conditions']
['industrial Relations' 'public Health Employment'] ['industrial Dispute' 'proposed Industrial Action' 'nurses' 'public Health System' 'dispute Orders' 'nurse Ratios and Skill Mix' 'wages and Working Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notification of an Industrial Dispute Under S 130 of the Industrial Relations Act 1996 Concerning Proposed Industrial Action by Nurses / Statement and Recommendation on Employer's Application for Dispute Orders; Consideration of Dispute Orders Deferred

Legal Issues

  1. 1 ['Whether dispute orders should be made in relation to proposed bed closures and service restrictions by the NSW Nurses Association.' 'Whether there was an alternative to industrial action and further dispute orders that might assist progress toward resolving the dispute.' 'Whether the Director General should provide a firm written offer in response to claims regarding Nurse Ratios and Skill Mix before industrial action proceeds.']

Ratio Decidendi

The Commission deferred consideration of the Director General's application for dispute orders because further progress might be achieved if the Director General made a firm written offer responding to the Association's Nurse Ratios and Skill Mix claims, and if the Association deferred planned industrial action until it had received and considered that offer.

Court Disposition

Consideration of the Director General's application for dispute orders was deferred and recommendations were made to the parties.

Orders

  • ["The Director General is to formulate a written offer in response to the Association's claims regarding Nurse Ratios and Skill Mix and provide it to the Association by no later than Thursday, 13 January 2011." 'The response is to be tabled before the Commission as presently constituted at 10.00 am on Tuesday, 18...