Benchmark WA Industrial Relations Case Database

The 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 v Health Services Union of Western Australia (Union of Workers)

[2016] WAIRC 745 Single Commissioner (WAIRC) 2016-09-08 File: PSAAG 2/2016
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: The 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
Respondent: Health Services Union of Western Australia (Union of Workers)

Ratio

By consent and pursuant to powers conferred under the Industrial Relations Act 1979 (WA), the Commission registered the WA Health – HSUWA – PACTS – Industrial Agreement 2016 as an industrial agreement in replacement of the 2014 agreement, which was cancelled by operation of s 41(8).

Outcome

For applicant granted

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

  • Agreement titled 'WA Health – HSUWA – PACTS – Industrial Agreement 2016' filed in the Commission on 18 August 2016
  • Agreement amended by the parties on 8 September 2016
  • Agreement made by consent between the health service providers and the Health Services Union of Western Australia
  • Parties represented by Ms M Muccilli (applicant) and Mr C Panizza (respondent)
  • Agreement replaces 'WA Health – HSUWA – PACTS – Industrial Agreement 2014'

Factors

For
  • Agreement made by consent of both parties
  • Parties represented in Commission
  • Proper filing and amendment of agreement prior to registration
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s41(8)
  • Health Services Act 2016 s32(1)(b)

Concept tags · 3

[P]Registered industrial agreement (WA) [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Health care worker
Archived text (202 words)
WA HEALTH - HSUWA - PACTS - INDUSTRIAL AGREEMENT 2016 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The 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 APPLICANT -v- Health Services Union of Western Australia (Union of Workers) RESPONDENT CORAM Commissioner T Emmanuel DATE Thursday, 8 September 2016 FILE NO/S PSAAG 2 OF 2016 CITATION NO. 2016 WAIRC 00745 Result Agreement registered Order HAVING heard Ms M Muccilli on behalf of the applicant and Mr C Panizza on behalf of the respondent, the Commission, by consent and pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders: THAT the agreement made between the parties filed in the Commission on 18 August 2016 entitled ‘WA Health – HSUWA – PACTS – Industrial Agreement 2016’ as amended by the parties on 8 September 2016 attached hereto be registered as an industrial agreement in replacement of ‘WA Health – HSUWA – PACTS – Industrial Agreement 2014’ which by operation of s 41(8) is hereby cancelled. Commissioner T Emmanuel