Industrial Relations Secretary on behalf of the Department of Primary Industries and Regional Development v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Work Bans by Fisheries Officers) [2024] NSWIRComm 1065

Industrial Relations Commission New South Wales Medium Neutral Citation: Industrial Relations Secretary on behalf of the Department of Primary Industries and Regional Development v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Work Bans by Fisheries Officers) [2024] NSWIRComm 1065 Hearing dates: 28 October 2024 Date of orders: 4 November 2024 Decision date: 04 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: Recommendation made - see paragraph [157] Proceedings otherwise dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders –– Safety concerns raised by Fisheries Officers over many years –– Imposition of work bans in respect of nighttime inspections of commercial fishers –– Objective of work bans to draw public attention to the underlying safety issues and the legislative reform the Union contends is appropriate –– Public Interest Considerations –– No persuasive evidence that work bans pose a serious risk of depletion of key fish stocks –– Evidence that WHS issues had not been dealt with expeditiously –– Some risk mitigation measures sought by Union require legislative change, outside of the control of the Employer –– No dispute orders made Legislation Cited: Fisheries Management Act 1994 (NSW) Industrial Relations Act 1996 (NSW), ss 3, 130, 136, 137, 138, 146 Marine Estate Management Act 2014 (NSW) Work Health and Safety Act 2011 (NSW), ss 84, 86 Cases Cited: Bluescope Steel Limited (formerly BHP Steel Limited) v The Australian Workers' Union, New South Wales (No 2) (2005) 141 IR 329; [2005] NSWIRComm 36 Fire & Rescue New South Wales on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales (2013) 235 IR 261; [2013] NSWIRComm 63 Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWIRComm 1042 Secretary of the Ministry of Health v New South Wales Nurses and Midwives' Association (2022) 320 IR 249 Category: Principal judgment Parties: Industrial Relations Secretary on behalf of the Department of Primary Industries and Regional Development (Notifier) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Respondent) Representation: Counsel: L Meagher (Notifier) L Saunders (Respondent)