Arnot and Arnot v Commissioner of Fire and Rescue NSW [2021] NSWIRComm 1030

Industrial Relations Commission New South Wales Medium Neutral Citation: Arnot and Arnot v Commissioner of Fire and Rescue NSW [2021] NSWIRComm 1030 Hearing dates: Determined on the papers Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Orders made Catchwords: UNFAIR DISMISSALS – Notice to Produce – Summonses to Produce – Notices of Motion Legislation Cited: Industrial Relations Act 1996. Uniform Civil Procedure Rules 2005 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: John Arnot and David Arnot (Applicants)

Commissioner of Fire and Rescue NSW (Respondent) Representation: Counsel: Mr M Seck (Respondent)

Solicitors: Mr P O'Shanassy, Agility Legal (Applicants) Ms A Sharp, McCullough Robertson Lawyers (Respondent) File Number(s): 2020/00126132; 2020/00126150 Publication restriction: Nil

DECISION 1. Before the Commission are two unfair dismissal applications, one by John Arnot (Matter No: 2020/00126132) and the other by David Arnot (Matter No: 2020/00126150), both filed in the Office of the Industrial Registrar on 27 April 2020 ("Applications"). The applicants are brothers who, until they were dismissed by the respondent, the Commissioner of Fire and Rescue NSW, on 6 April 2020, were employed as Retained Firefighter (Captain) and Retained Firefighter (Deputy Captain), respectively, at the Bowral Fire Station. 2. The Applications are listed together for conciliation before me on 6 May 2021 and, if necessary, for hearing on 23, 24, 25, 28, 29 and 30 June and 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15 and 26 July 2021. If the hearing proceeds, it is presently anticipated that, in addition to themselves, the applicants will call 22 witnesses to give evidence. It is anticipated that the respondent will call 18 witnesses to give evidence. 3. The matters presently before the Commission for determination involve a Notice to Produce and a number of Summonses to Produce documents issued on behalf of the applicants and a number of Notices of Motion filed by the respondent seeking orders to set aside the Notice to Produce and the Summonses to Produce in whole or in part. The parties have agreed that I should determine the motions filed by the respondent on the basis of the written submissions filed by them.