The Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Rural Fire Service of NSW [2021] NSWIRComm 1073

Industrial Relations Commission New South Wales Medium Neutral Citation: The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Rural Fire Service of NSW [2021] NSWIRComm 1073 Hearing dates: 3 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Recommendation made that respondent re-consider Mr Neville's request for leave at the conclusion of the expression of interested process. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial dispute - request for extended leave - whether request for leave is leave under the award – leave to be granted if operational requirements permit -operational reasons established why leave can not be granted - recommendation to reconsider the request at the conclusion of expression of interest Legislation Cited: Government Sector Employment Regulations 2014 Industrial Relations Act 1988 (Cth) Industrial Relations Act 1996 (NSW) Rural Fire Act 1997(NSW) Superannuation Guarantee (Administration) Act 1992 (Cth) Cases Cited: Amy Greene v Floreat Hotel [2021] FWC 2198 BHP Iron Ore Pty Ltd v Australian Workers' Union & Ors (2000) 171 ALR 680 Burgess and Ors v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 432 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 Endeavour Coal Pty Ltd v CFMEU (2007) 161 IR 96 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Goldman Sachs JB Were Services Pty Limited v Nikolich (2007) 163 FCR 62 Nettlefold v Kym Smoker Pty Ltd [1996] IRCA 495 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] 87 NSWLR 41 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Director of Public Employment [2011] NSWIRComm 152 Re State Rail Authority Firefighters Award 2001 (2002) 122 IR 13 Category: Principal judgment Parties: The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (the notifier) Rural Fire Service of NSW (the respondent) Representation: Counsel: Mr T Slevin (for the notifier)