Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (obo Brown) v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2021] NSWIRComm 1060

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (obo Brown) v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2021] NSWIRComm 1060 Hearing dates: 19 and 20 July 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The proceedings are dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – dispute orders – employee with employment-related injury unable to perform requirements of role – recommendation sought to modify the role to permit continuation of employment – whether employee unable to perform inherent requirements of role – whether role should be modified to remove such requirements – consideration of matters relevant to the Commission's discretion Legislation Cited: Anti-Discrimination Act 1977 (NSW) s 49D Government Sector Employment Act 2013 (NSW) s 56 Industrial Relations Act 1996 (NSW) ss 3, 130 Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 49 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Industrial Relations Secretary on behalf of the Department of Justice [2019] NSWIRComm 1060 Texts Cited: Nil Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier)