Director General, NSW Department of Health v New South Wales Nurses Association [2010] NSWIRComm 160

Director General, NSW Department of Health v New South Wales Nurses Association [2010] NSWIRComm 160

Because the Commission was prepared to deal with the dispute expeditiously, including by early conciliation and, if necessary, a Full Bench hearing process, the planned stoppage was unnecessary on objective criteria and would cause serious inconvenience and disruption to patients, nurses and the public hospital system. The Commission therefore strongly recommended that the Association refrain from taking the industrial action and redirect efforts to an expedited resolution process.

Jurisdiction
Australia
Judgment Date
18 November 2010
Procedural Posture
Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 Relating to Proposed Industrial Action by Nurses and Midwives / Statement and Recommendation
Outcome
The Commission strongly recommended that the Association refrain from taking industrial action on Wednesday, 24 November 2010, and required the parties to report their positions the following day.
Legal Topics
['industrial Dispute' 'proposed Industrial Action' 'public Health System Nurses and Midwives' 'nurse to Patient Ratios' 'award Negotiations' 'conciliation']
['industrial Relations' 'public Health Employment'] ['industrial Dispute' 'proposed Industrial Action' 'public Health System Nurses and Midwives' 'nurse to Patient Ratios' 'award Negotiations' 'conciliation']

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Procedural Posture

Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 Relating to Proposed Industrial Action by Nurses and Midwives / Statement and Recommendation

Legal Issues

  1. 1 ['Whether the New South Wales Nurses Association should proceed with the planned stoppage of work on 24 November 2010 by nurses and midwives employed in the public health system.' 'Whether the Commission should provide an expedited process to address the industrial issues between the Department and the Association.']

Ratio Decidendi

Because the Commission was prepared to deal with the dispute expeditiously, including by early conciliation and, if necessary, a Full Bench hearing process, the planned stoppage was unnecessary on objective criteria and would cause serious inconvenience and disruption to patients, nurses and the public hospital system. The Commission therefore strongly recommended that the Association refrain from taking the industrial action and redirect efforts to an expedited resolution process.

Court Disposition

The Commission strongly recommended that the Association refrain from taking industrial action on Wednesday, 24 November 2010, and required the parties to report their positions the following day.

Orders

  • ['The Commission strongly recommends that the Association by its officers, employees and members employed in the public health system by the Director General of Health refrain from taking industrial action on Wednesday, 24 November 2010.' 'The Association by its officers and employees is directed to take all...