Benchmark WA Industrial Relations Case Database

United Voice WA v The Minister for Health in his Incorporated capacity under s.7 of the Hospitals and health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Services Board, the Peel Health Services Board and the WA Country Health Services Board, Hon. Minister for Health, The Board of Management Sir Charles Gairdner Hospital

[2018] WAIRC 309 Single Commissioner (WAIRC) 2018-05-14 File: APPLB 11/2018
Source
Chief Commissioner Scott
Not yet cited by other cases
Applicant: United Voice WA
Respondent: The Minister for Health in his Incorporated capacity under s.7 of the Hospitals and health Services Act 1927 (WA)

Ratio

The Commission, by consent, varied the Hospital Workers (Government) Award No. 21 of 1966 to update the Area and Scope clause to reflect the contemporary structure of Western Australian health service providers under the Health Services Act 2016 and Mental Health Act 2014, replacing reference to the former Metropolitan, Peel and Country Health Services Boards.

Outcome

Resolved partial

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

  • Application by United Voice WA for variation of Hospital Workers (Government) Award No. 21 of 1966
  • Award previously defined scope by reference to health services boards (Metropolitan Health Services Board, Peel Health Services Board, WA Country Health Services Board)
  • These boards had been superseded by restructured health service entities under the Health Services Act 2016
  • Both parties consented to the variation
  • Variation to take effect from the beginning of the first pay period commencing on or after 14 May 2018

Factors

For
  • Award scope clause referred to defunct health service board structure
  • Health Services Act 2016 established new health service provider entities
  • Consent of both parties to variation
  • Award needed to reflect current legislative and institutional framework
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA)
  • Hospitals and Health Services Act 1927 (WA) s.7
  • Health Services Act 2016 (WA) s.32(1)(b)
  • Mental Health Act 2014 (WA)

Concept tags · 5

[P]Award (WA state system) [P]Award variation [P]Health care worker [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Consent orders
Archived text (297 words)
HOSPITAL WORKERS (GOVERNMENT) AWARD NO. 21 OF 1966 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES United Voice WA APPLICANT -v- The Minister for Health in his Incorporated capacity under s.7 of the Hospitals and health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Services Board, the Peel Health Services Board and the WA Country Health Services Board, Hon. Minister for Health, The Board of Management Sir Charles Gairdner Hospital RESPONDENTS CORAM Chief Commissioner P E Scott DATE Monday, 14 May 2018 FILE NO/S APPL 11B OF 2018 CITATION NO. 2018 WAIRC 00309 Result Award varied Representation Applicant Ms N Kefford of counsel Respondent Mr B Chapman of counsel and with him Ms R Sinton Order HAVING heard Ms N Kefford of counsel on behalf of United Voice WA and Mr B Chapman of counsel and with him Ms R Sinton for the respondents, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders: THAT the Hospital Workers (Government) Award No. 21 of 1966 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 14 May 2018. Chief Commissioner P E Scott SCHEDULE Delete all of clause 3 – Area and Scope and insert the following in lieu thereof: 3. – AREA AND SCOPE This Award will apply throughout the State of Western Australia to: (1) All health service providers established pursuant to section 32(1)(b) of the Health Services Act 2016, including the Child and Adolescent Health Service, East Metropolitan Health Service, Health Support Services, North Metropolitan Health Service, South Metropolitan Health Service and WA Country Health Service; and (2) All authorised hospitals under the Mental Health Act 2014.