Elgas Limited v SafeWork NSW (No 3) [2022] NSWIRComm 1068

Industrial Relations Commission New South Wales Medium Neutral Citation: Elgas Limited v SafeWork NSW (No 3) [2022] NSWIRComm 1068 Hearing dates: 22 August 2022 Date of orders: 22 August 2022 Decision date: 22 August 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The Internal Review Decision is revoked. 2. The Inspector's Decision is varied so as to require the adoption of Option 2, as opposed to Option 4, with the work group having preferably four but no less than two HSRs. Catchwords: WORKPLACE HEALTH AND SAFETY – application for external review – determination of work groups – balance of considerations Legislation Cited: Industrial Relations Act 1996 ss 162, 163 Work Health and Safety Act 2011 Pt 5 Div 3, Pt 12 Divs 2 and 3, ss 3, 50, 51, 52, 54, 223, 226, 229 Work Health and Safety Regulation 2017 cll 16,17 Cases Cited: Construction, Forestry, Maritime, Mining and Energy Union v Elgas Ltd t/a Elgas [2021] FWCFB 4575 NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 Sydney Trains v Safework NSW [2017] NSWIRComm 1009 Transport Workers' Union of Australia, New South Wales v SafeWork NSW [2022] NSWIRComm 1050 Texts Cited: Nil Category: Principal judgment Parties: Elgas Limited (Applicant) SafeWork NSW (Respondent) United Workers Union (Intervenor) Representation: T Frost, HWL Ebsworth (Applicant) S Hedger, SafeWork NSW (Respondent) S Reside, UWU (Intervenor) File Number(s): 2021/00326903 Publication restriction: No