Secretary, New South Wales Department of Education v Safework NSW [2024] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary, New South Wales Department of Education v Safework NSW [2024] NSWIRComm 1023 Hearing dates: 28 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: 1. The operation of the internal review decision in relation to Improvement Notice 7-468009, made by Maree Davidson, Internal Reviewer of SafeWork NSW, dated 1 March 2024 be stayed in accordance with s229(3) of the Work Health and Safety Act 2011 (NSW) pending the outcome of the application for external review filed on 14 March 2024. 2. The operation of the internal review decision in relation to Improvement Notice 7-468011, made by Maree Davidson, Internal Reviewer of SafeWork NSW, dated 1 March 2024 be stayed in accordance with s229(3) of the Work Health and Safety Act 2011 (NSW) pending the outcome of the application for external review filed on 14 March 2024. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Work health and safety – external review – application for stay of decision under review Legislation Cited: Work, Health and Safety Act 2011 (NSW) Cases Cited: Elgas Limited v SafeWork NSW (No 2) [2021] NSWIRComm 1102 The Australian Broadcasting Corporation v O'Neill [2006] HCA 46 The Secretary of the Department of Education, in their capacity as such v SafeWork NSW Industrial Relations Commission of New South Wales Proceedings No. 428792 of 2023 Transport Workers Union of Australia, New South Wales v SafeWork NSW [2022] NSWIRComm 1050 Texts Cited: NIL Category: Procedural rulings Parties: Secretary, New South Wales Department of Education (applicant)