Arnott v SafeWork NSW & Anor [2024] NSWIRComm 1039

Industrial Relations Commission New South Wales Medium Neutral Citation: Arnott v SafeWork NSW & Anor [2024] NSWIRComm 1039 Hearing dates: 18 May and 28 June 2023, further written submissions received 30 June 2023 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The applicant and second respondent are directed to consult on the terms of minutes of orders giving effect to this Decision. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Work health and safety — Notices and enforcement — Provisional improvement notice — External review — Right of HSR to be paid outside normal work hours Legislation Cited: Industrial Relations Act 1996 Work Health and Safety Act 2011, ss 68, 70, 90, 100, 102, 224, 226, 229 Cases Cited: Consultation clause in modern awards [2013] FWCFB 10165 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26 Essential Energy v WorkCover Authority [2012] NSWIRComm 83 George v Rockett (1990) 170 CLR 104 Growthbuild Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002 Killen v SafeWork NSW and NSW Rural Fire Service (No 3) [2022] NSWIRComm 1017 Sydney Trains v SafeWork NSW [2017] NSWIRComm 1009 Transport Workers' Union of Australia, NSW Branch v SafeWork NSW [2022] NSWIRComm 1050 Texts Cited: . Category: Principal judgment Parties: Giacomo Arnott (Applicant) SafeWork NSW (First Respondent) Fire and Rescue NSW (Second Respondent) Representation: Counsel: Mr A Searle (Applicant) Mr I Latham (Second Respondent)