Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary in respect of Fire and Rescue NSW (Busby Temporary Relocation) [2023] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary in respect of Fire and Rescue NSW (Busby Temporary Relocation) [2023] NSWIRComm 1024 Hearing dates: 27 March 2023 Date of orders: 27 March 2023 Decision date: 30 March 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The notice of motion filed by the respondent on 20 January 2023 is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – motion seeking dismissal of proceedings – whether there was a want of due despatch on the part of the notifier – whether notification disclosed a reasonable cause of action – whether proceedings which are confined to seeking a recommendation from the Commission is frivolous Legislation Cited: Civil Procedure Act 2005 s 63 Industrial Relations Act 1996 ss 3, 10, 15, 130, 136, 146, 146C, 163 Uniform Civil Procedure Rules 2005 rr 12.7, 13.4 Cases Cited: Bizuneh v Industrial Relations Secretary (Department of Communities and Justice) [2020] NSWIRComm 1040 City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 Rail, Tram and Bus Union (NSW) v Secretary for Transport (2017) 267 IR 122; [2017] NSWIRComm 1032 Re Corrections Health Services Nurses' Award (1999) 90 IR 235; [1999] NSWIRComm 123 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 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Singh v Charles [2022] NSWSC 743 Texts Cited: Nil Category: Procedural rulings Parties: Fire Brigade Employees' Union of New South Wales (Notifier) Industrial Relations Secretary (Respondent) Representation: Counsel: L Saunders (Notifier) I Latham (Respondent) Solicitors: Hall Payne (Notifier) File Number(s): 2022/00313134 Publication restriction: No