Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v New South Wales Rural Fire Service (Camping Allowance) [2021] NSWIRComm 1042

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v New South Wales Rural Fire Service (Camping Allowance) [2021] NSWIRComm 1042 Hearing dates: 20 July 2020; Last submission received 4 August 2020. Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Order that the proceedings be dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial dispute – award interpretation - whether RFS employees entitled to Camping and Camping Equipment Allowances under the Conditions Award – whether RFS employees entitled to mid-range accommodation when involved in a major incident – RFS employees not "camping" when accommodated in base camps – "suitable accommodation" may include base camp accommodation Legislation Cited: Industrial Relations Act 1996 (NSW), ss 130, 133, 135, 136, 163, 175 Rural Fire Act 1997 (NSW) State Emergency and Rescue Management Act 1989 (NSW), s 44 Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10; (2005) 222 CLR 241 Amor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 Director of Public Employment (by her Agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Industrial Relations Secretary v Fire Brigade Employees' Union of New South Wales [2020] NSWCA 46 Kucks v CSR Ltd (1996) 66 IR 182 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury 87 NSWLR 41 Texts Cited: The Online Macquarie Dictionary Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (notifier) New South Wales Rural Fire Service (respondent) Representation: Counsel: M Gibian SC (for the notifier)