Fire Brigade Employees’ Union of New South Wales (on behalf of Rampling) v Industrial Relations Secretary (Fire & Rescue NSW) [2020] NSWIRComm 1048

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales (on behalf of Rampling) v Industrial Relations Secretary (Fire & Rescue NSW) [2020] NSWIRComm 1048 Hearing dates: 11 May 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The notice of motion filed by Fire and Rescue NSW on 16 April 2020 is dismissed. 2. The matter is listed for directions at 9.30am on 9 July 2020. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – application to dismiss proceedings – whether proceedings frivolous or vexatious – whether Civil Procedure Act 2005 (NSW) requires proceedings to be dismissed – whether notifier should be required to commence fresh proceedings – whether Commission should hear the "questions for determination" posed by the notifier Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60 Government Sector Employment Act 2013 (NSW) s 50 Industrial Relations Act 1996 (NSW) s 3(a), Ch 3, ss 130, 135(2), 136(1)(a), 137, 162, 163 Cases Cited: Attorney General v Wentworth (1988) 14 NSWLR 481 Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2020] NSWIRComm 1016 Peden v Lake Macquarie Refrigeration Pty Limited (2004) 134 IR 149; [2004] NSWIRComm 66 Category: Procedural and other rulings Parties: Fire Brigade Employees' Union of New South Wales (Notifier) Industrial Relations Secretary (Respondent) Representation: Counsel: L Saunders (Notifier) M Easton (Respondent) Solicitors: McArdle Legal (Notifier) Kingston Reid (Respondent) File Number(s): 2018/208229 and 2020/16602 Publication restriction: No