Secretary of the Department of Education v SafeWork NSW [2024] NSWIRComm 1042

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Department of Education v SafeWork NSW [2024] NSWIRComm 1042 Hearing dates: 14 May and 3 July 2024 Date of orders: 3 July 2024 Decision date: 12 July 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: 1. Order no. 1 made on 24 January 2024 is set aside. 2. The determination of work groups at Fairfield High School by SafeWork NSW initially made by Inspector Emma Afeaki on 27 October 2023 and thereafter confirmed on internal review on 13 November 2023 is varied under section 229(4) of the Act by removing the work group formation determined by Inspector Afeaki under heading 'Decision to work groups at Fairfield High School (Section 52 of the Work Health and Safety Act 2011)'; and 3. The Commission substitutes the following workgroup formation: a. There be one work group at Fairfield High School; b. The School's WHS Committee framework remain within that one work group; and c. The one work group contain a HSR and Deputy HSR, should there be persons willing to accept those roles. Catchwords: WORKPLACE HEALTH AND SAFETY – application for external review – determination of work groups – balance of considerations Legislation Cited: Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Transport Workers' Union of Australia, New South Wales v SafeWork NSW [2022] NSWIRComm 1050 R v Australian Broadcasting Tribunal ex parte Hardiman [1980] HCA 13 NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 Texts Cited: NIL Category: Principal judgment Parties: Secretary of the Department of Education (Applicant)