Dadley v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Dadley v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1025 Hearing dates: 7 April 2022 Date of orders: 7 April 2022 Decision date: 12 April 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The applicant's request under s 173(1) of the Industrial Relations Act 1996 (NSW) that a different member of the Commission exercise arbitration powers is granted. Catchwords: INDUSTRIAL LAW – PROCEDURAL RULING – notice of motion seeking to exercise right pursuant to subs 173(1) of the Industrial Relations Act 1996 – unfair dismissal application - determining a stay application is not arbitration in respect of the matter - making of directions for the filing and serving of evidence to be relied upon by parties in the arbitration proceedings is not an exercise of arbitration powers – notice of motion granted – matter to be referred to a different Commission member for arbitration Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Industrial Relations Act 1991 (NSW) s 209 Industrial Relations Act 1996 (NSW) ss 3, 86, 87, 173 Cases Cited: Commissioner of Police and Police Association of New South Wales [2005] NSWIRComm 132; (2005) 141 IR 423 Commissioner of Police v Bunait [2010] NSWIRComm 16 Interim Transport Industry – Courier and Taxi Truck Contract Determination [2010] NSWIRComm 51 Dadley v Fire & Rescue NSW [2020] NSWIRComm 1084 Gabrielle Irene Brennan (trading as "Gai Abandon Clothing") v Lorraine Linda Asciak [2009] NSWIRComm 159 Public Service Association of NSW v Department of Corrective Services [1994] NSWIRComm 148 Category: Procedural rulings Parties: Andrew Thomas Dadley (applicant) Commissioner of Fire and Rescue NSW (respondent) Representation: Counsel: F Anwar (for the applicant)