Health Secretary, Ministry of Health v NSW Nurses and Midwives’ Association [2024] NSWIRComm 1056

Health Secretary, Ministry of Health v NSW Nurses and Midwives’ Association [2024] NSWIRComm 1056

Recommendations were made that the Association and its members should cease taking industrial action between 10 September and 18 September 2024 due to reasonably self-evident risks to patient safety and the parties having not yet availed themselves of conciliation. The parties were also directed to remove publicity for the strike and to report compliance.

Jurisdiction
Australia
Judgment Date
06 September 2024
Procedural Posture
Industrial Dispute Notification / Conciliation and Recommendations
Outcome
Recommendations and procedural directions made in conciliation; orders for cessation of industrial action and related conduct issued.
Legal Topics
['industrial Disputes' 'industrial Action' 'employer Employee Negotiations' 'conciliation']
['employment and Industrial Law'] ['industrial Disputes' 'industrial Action' 'employer Employee Negotiations' 'conciliation']

Case Brief

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Procedural Posture

Industrial Dispute Notification / Conciliation and Recommendations

Legal Issues

  1. 1 ["Whether threatened and ongoing industrial action by NSW Nurses and Midwives' Association should cease pending conciliation of wage negotiations" 'Whether Commission should recommend cessation of industrial action to protect patient safety']

Ratio Decidendi

Recommendations were made that the Association and its members should cease taking industrial action between 10 September and 18 September 2024 due to reasonably self-evident risks to patient safety and the parties having not yet availed themselves of conciliation. The parties were also directed to remove publicity for the strike and to report compliance.

Court Disposition

Recommendations and procedural directions made in conciliation; orders for cessation of industrial action and related conduct issued.

Orders

  • ['The Association, its officers, employees and members employed in NSW Health entities should immediately cease organising and refrain from taking industrial action from 10 September 2024 to 18 September 2024.' 'The Association should remove references to the strike action of 10 September 2024 from its website,...