Rees v SafeWork NSW [2023] NSWIRComm 1072

Industrial Relations Commission New South Wales Medium Neutral Citation: Rees v SafeWork NSW [2023] NSWIRComm 1072 Hearing dates: 7 March 2023, final submissions 24 March 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: (1) The Motion is upheld; and (2) The Application is dismissed. Catchwords: WORK HEALTH AND SAFETY – application for external review – whether applicant an "eligible person" entitled to make application – whether applicant a worker whose interests are affected by the decision – whether applicant a person conducting a business or undertaking whose interests are affected by the decision – whether applicant a worker whose interests are affected by the decision – applicant not an eligible person Legislation Cited: Work Health & Safety Act 2011 (NSW) Cases Cited: Emma Williams v Heath Services Union NSW and Anor (2019) NSWIRComm 1032 Texts Cited: NIL Category: Procedural rulings Parties: Timothy Rees (applicant) SafeWork NSW (respondent) Representation: Timothy Rees with Anthony Mearrick (applicant)

Counsel:

Mr N Read (respondent)

Solicitors:

SafeWork NSW (respondent) File Number(s): 2022/305843 Publication restriction: NIL

decision 1. The respondent in these proceedings seeks by way of an amended notice of motion filed 8 December 2022 (the "Motion") to set aside an application under s 229 of the Work Health & Safety Act 2011 (NSW) (the "WHS Act") for external review of a decision by the respondent (the "Application") relating to an Improvement Notice issued by an inspector of the respondent on 6 September 2022 (the "Notice"). 2. For the reasons set out in this decision I have decided to uphold the Motion.