Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 16:

1. On 2 July 2024 the Secretary, NSW Ministry of Health (Health Secretary) applied (Application) for the making of a new award, being the Broken Hill Health Employees (State) Award 2024 (2024 Award).

2. The Application sought a three-year award, on terms set out in separate letters to the Broken Hill Town Employees Union and the Health Services Union. The terms were in conformity with a standard offer from the Health Secretary across a wide range of health awards.

3. The Application further set out that:

"6. The new Award rolls over existing terms and conditions provided by the existing Award and includes an amended 'no extra claims' clause in the terms outlined in Schedule 1.

7. The new Award includes minor corrections and updates to words or phrases in the existing Award that assist with clarifying meanings and expressions without changing the intended provisions of the term or condition of the clause concerned."

4. During the first year of the proposed three-year award, the offer set out a general increase of 3% to salary and salary related allowances, a further 0.5% increase to salary and salary related allowances for select employees who had not received particular increases in the preceding 12 months, and a 0.5% increase to superannuation.

5. There was an Amended Application filed on 7 August 2024 in which the Construction Forestry Mining Energy Union (CFMEU) was added to the list of respondent unions.

6. Over the course of 5 months the parties engaged in a series of formal and informal negotiations, including conciliation before the President of the Industrial Relations Commission (Commission) and later before Commissioner Muir.

7. During conciliation the parties exchanged details about additional classifications, and about wage rises for particular classifications, sought by the Unions.

8. Some progress was made, but fundamental differences remain between the parties as to the basis on which some predecessor awards were updated to perform the now existing Broken Hill Health Employees (State) Award 2023 (2023 Award). It is apparent those differences can only be resolved through formal arbitration.

9. Given that the 2023 Award was now months past its nominal expiry date, and that accordingly the employees covered by the 2023 Award had not had the benefit of an increase since its nominal expiry, the parties came to an agreement for a one-year 2024 Award.

10. On 28 November 2024 the Health Secretary filed a Further Amended Application and included in that application under Grounds and Reasons the following amended details:

"4. The Applicant seeks a new award to give effect to salary increases for FY 2024/25. ... 6. The new Award rolls over existing terms and conditions provided by the existing Award and includes an amended 'no extra claims' clause in the terms outlined in Schedule 1.

7. The new Award includes minor corrections and updates to words or phrases in the existing Award that assist with clarifying meanings and expressions without changing the intended provisions of the term or condition of the clause concerned.

8. The new Award is to apply for a one-year duration effective from 1 July 2024. This will be subject to any order or award the Industrial Relations Commission may make."

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193cdd691a1c50ba95d66086)

Disclaimer: Curated by HT Syndication.