Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Communities and Justice (New South Wales Rural Fire Service) [2021] NSWIRComm 1098

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Communities and Justice (New South Wales Rural Fire Service) [2021] NSWIRComm 1098 Hearing dates: 23 November 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: The Full Bench makes the following orders: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The decision of Commissioner Webster of 21 May 2021 in this matter is quashed. Recommendations made. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – award interpretation – whether Rural Fire Service employees when responding to a major incident are entitled to be provided with three star or three diamond hotel accommodation – whether such employees, when provided with accommodation at an RFS "base camp" are "required to camp" – whether camping and other allowances payable to employee accommodated at a RFS base camp Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 136, 163, 175, 188 Rural Fires Act 1977 s 44 Cases Cited: 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 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury (2014) 87 NSWLR 41; [2014] NSWIRComm 23 Bossak v Health Secretary in respect of Murrumbidgee Local Health District [2020] NSWIRComm 1009 Texts Cited: Nil Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Appellant) Industrial Relations Secretary on behalf of the Department of Communities and Justice (New South Wales Rural Fire Service) (Respondent) Representation: Counsel: Mr M Gibian SC (Appellant) Ms E Raper SC with Mr D Fuller (Respondent) Solicitors: Mr M Burns, McNally Jones Staff (Appellant) Ms K Smith, Crown Solicitor (Respondent) File Number(s): 2021/00168985 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2021] NSWIRComm 1042 Date of Decision: 21 May 2021 Before: Commissioner Webster File Number(s): 2019/00342022