Fire and Rescue NSW Firefighting Staff Awards 2021 [2021] NSWIRComm 1062

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire and Rescue NSW Firefighting Staff Awards 2021 [2021] NSWIRComm 1062 Hearing dates: 2, 3 and 4 June and 15 July 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: New awards to be made pursuant to s 10 of the Industrial Relations Act 1996 on the terms set out in the decision Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for new awards to rescind and replace existing awards – whether increases to rates of pay required – consideration of the state of the economy of NSW – application of Wage Fixing Principles – whether additional changes ought to be made to current award terms – whether exceptional circumstances exists to allow for effective date of awards to be back-dated Legislation Cited: Industrial Relations Act 1996 ss 3, 10, 17, 146, 163 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cl 6 Superannuation Guarantee (Administration) Act 1992 (Cth) Fire Brigades Act 1909 Cases Cited: Annual Wage Review 2020-2021 [2021] FWCFB 3500 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Fire Brigade Employees' Union of New South Wales v Commissioner of Fire and Rescue New South Wales (PAD Program) [2021] NSWIRComm 1041 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 State Wage Case 2019 [2019] NSWIRComm 1065 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Texts Cited: Nil Category: Principal judgment Parties: Industrial Relations Secretary Fire Brigade Employees' Union of New South Wales Representation: Counsel: J McDonald with T Wong (Secretary) L Saunders (FBEU) Solicitors: Crown Solicitor (Secretary) Hall Payne Lawyers (FBEU) File Number(s): 2021/50623, 2021/50661, 2021/53994 and 2021/54005 Publication restriction: No