Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary, on behalf of the NSW Rural Fire Service [2023] NSWIRComm 1052

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 NSW Rural Fire Service [2023] NSWIRComm 1052 Hearing dates: 12 and 13 December 2022, final submissions 9 January 2023. Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The following recommendations pursuant to s136(1)(a) of the Act are made: "The parties are to confer with a view to agreeing on the requirements of what work is to be treated as overtime and paid as such for the purposes of cl 7.9 of the Crown Employees (Rural Fire Service) Award 2019 and what work is to be the subject of hour for hour time off (under a local arrangement or LA time). The above requirements should distinguish between the requirement to work the hours as required by the respondent and work performed at the hours at the request of the employee(s)." Catchwords: Industrial dispute – Overtime – requirement to pay overtime rates-what is directed overtime-recommendation made Legislation Cited: Industrial Relations Act 1996 (NSW) Rural Fires Act 1997 (NSW) Cases Cited: Banozic v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1038 Chief Commissioner of Police v Kerley (2008) 171 IR 420 Ishak v Air Liquide Healthcare Pty Ltd [2006] NSWIRComm 294 Logan v Otis Elevator Company Pty Limited [2001] IRCA 1; 107 IR 253 Maciver v Hilton Nursing Home Pty Ltd [1999] NSWIRComm 152 Robinson v Gosford City Council [2008] NSWIRComm 237 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Telstra Corporation Limited v Peisley [2006] FCAFC 79 Wang v Odyssey Trading Pty Ltd (No 2) [2021] FedCFamC2G 363 White v Mrs Murphy's Country Fried Chicken Pty Ltd [1984] AR 794 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier)