Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW (In Orders Dispute) [2022] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW (In Orders Dispute) [2022] NSWIRComm 1016 Hearing dates: 20, 21 and 22 September 2021, 20 and 21 October 2021, 17 December 2021 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The proceedings are dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Disputes – Relief – proposed introduction of new arrangements for dealing with staff shortages at retained fire stations – whether "industrial dispute" – consideration of principles regarding Commission's intervention, including in light of powers conferred on Commissioner of FRNSW by the Fire and Rescue NSW Act 1989 – whether new arrangements would adversely affect firefighter safety – whether new arrangements would be in breach of applicable awards including no extra claims commitment Legislation Cited: Fire and Emergency Services Levy Act 2017 Fire and Rescue NSW Act 1989 ss 5A, 10, 67, Pt 5 Fire Brigades Regulation 2008 cl 4 Fire Brigades Regulation 2014 cl 4 Industrial Arbitration Act 1940 Industrial Relations Act 1996 ss 6, 130, 136, 146, 164A, Dictionary Cases Cited: BHP Steel (AIS) Pty Limited v The Federated Ironworkers' Association of Australia, New South Wales Division [1994] NSWIRComm 127 Fire and Rescue NSW Firefighting Staff Awards 2021 [2021] NSWIRComm 1062 Fire Brigade Employees' Union of New South Wales v Commissioner of Fire and Rescue New South Wales (PAD Program) [2021] NSWIRComm 1041 Health Services Union v Ambulance Service of New South Wales [2008] NSWIRComm 72 In re Dispute Between the Federated Engine Drivers and Firemen's Association of Australasia (Coast District) and the Broken Hill Pty Company Ltd (1950) 49 AR 371 In re Rozelle Hospital Manning Level (1979) 79 AR 51 Notification under section 130 by the New South Wales Teachers Federation of a dispute with the Department of Education and Training re casual teacher (2003) 121 IR 177; [2003] NSWIRComm 145 Re Corrections Health Services Nurses' Award (1999) 90 IR 235; [1999] NSWIRComm 123 Re Cram; ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117; [1987] HCA 28 Re Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209 Texts Cited: N Challands, The Relationships Between Fire Service Response Time and Fire Outcomes (2010) 46 Fire Technology 665 H Jaldell, How Important in the Time Factor? Saving Lives Using Fire and Rescue Services (2017) 53 Fire Technology 695 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (Notifier) Industrial Relations Secretary (Respondent) Representation: Counsel: F Anwar (Notifier) J McDonald (Respondent) File Number(s): 2019/315187 Publication restriction: The following orders were made on 20 October 2021: The Commission, by consent, orders that pursuant to s 164A(1)(b), (c) and (d) of the Industrial Relations Act 1996 that: a. publication or broadcast of the Excel spreadsheet entitled "Resource Allocation Methodology (RAM) Resource Index" in any format be prohibited; b. publication or broadcast of evidence given before the Commission in relation to the Excel spreadsheet entitled "Resource Allocation Methodology (RAM) Resource Index" be prohibited; c. disclosure of the Excel spreadsheet entitled "Resource Allocation Methodology" in any format be restricted to the Commission and persons authorised to have access to the spreadsheet by Fire and Rescue New South Wales; d the hearing of evidence given before the Commission in relation to the Excel spreadsheet entitled "Resource Allocation Methodology (RAM) Resource Index" be conducted in private in the absence of any persons other than the Commission, Mr Giacomo Arnott, Mr Faheem Anwar and authorised representatives of Fire and Rescue New South Wales.