Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary in respect of Fire and Rescue NSW (Busby Temporary Relocation) (No 2) [2023] NSWIRComm 1070

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) (No 2) [2023] NSWIRComm 1070 Hearing dates: 21 and 22 June 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I recommend that FRNSW pay to the Busby Firefighters the Station Redevelopment Allowance at the "moderate" level, backdated to 14 December 2022, for as long as the recline building and Liverpool station building remain in their current condition. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – firefighters temporarily located pending renovation of their base station – whether firefighters are entitled to allowance for reduction in amenity as a result of the relocation and, if so, in what quantum – whether as a consequence of the relocation firefighters have an entitlement under the award to a kilometre allowance or travelling compensation – whether firefighters should otherwise be entitled to travel-related compensation Legislation Cited: Industrial Relations Act 1996 ss 8, 130, 146C, 175 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Cases Cited: Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Texts Cited: Macquarie Online Dictionary Category: Principal judgment 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