Industrial Relations Commission of New South Wales CITATION : Crown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2003 [2003] NSWIRComm 147 APPLICANT/RESPONDENT Public Employment Office & NSW Fire Brigades PARTIES : RESPONDENT/APPLICANT New South Wales Fire Brigade Employees' Union FILE NUMBER: IRC6011 & 6012 of 2001 CORAM: Walton J Vice-President; Marks J; O'Neill C CATCHWORDS : Awards - Application for new award - Benefits as to death or total and permanent incapacity or partial and permanent incapacity - Rehabilitation, retraining and physical fitness - Consent - Award made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/04/2003 EXTEMPORE JUDGMENT DATE : 04/04/2003 APPLICANT/RESPONDENT Mr J W Shaw QC Ms T Anderson of Counsel Mr R Salpeter Crown Solicitor's Office LEGAL REPRESENTATIVES: RESPONDENT/APPLICANT Mr J Nolan of Counsel Mr C Read New South Wales Fire Brigade Employees' Union JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: WALTON J, VICE-PRESIDENT MARKS J O'NEILL C FRIDAY 4 APRIL 2003 MATTER NO. IRC 6011 OF 2001 NEW SOUTH WALES FIRE BRIGADES PERMANENT AND RETAINED FIREFIGHTERS DEATH, DISABILITY, HEALTH AND FITNESS AWARD 2001 Application by Public Employment Office for a new award. MATTER NO. IRC 6012 OF 2001 NEW SOUTH WALES FIREFIGHTERS DEATH AND DISABILITY AWARD 2001 Application by New South Wales Fire Brigades Union for a new award. EXTEMPORE JUDGMENT [2003] NSWIRComm 147 1 These are long-standing and complex proceedings which concern the unique employment circumstances of firefighters and thereby the provision of special benefits in the event of death or total and permanent incapacity or partial and permanent incapacity. The circumstances of firefighters also require consideration of rehabilitation and retraining as well as a commitment by firefighters to physical health and general well-being. 2 The parties have engaged in extensive and constructive negotiations over a long period of time with assistance from a member of this Bench, Marks J, during the course of a number of compulsory conferences. The parties have now reached agreement on the terms of an award which the Commission has been asked to make. 3 Having regard to the terms of the proposed award and having regard to the submissions of the parties, the Commission is satisfied that the award complies with the requirements of the Industrial Relations Act 1996 and the principles established by this Commission for the making of awards. 4 We hereby make the Crown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2003 in the terms of the annexure to the affidavit of Christopher Read sworn 3 April 2003. We note the award is to take effect from 21 March 2003 and shall remain in force for a period of three years. 5 The Public Employment Office has sought leave to withdraw its application in matter No 6011 of 2001, which leave is hereby granted. 6 The Commission congratulates the parties on reaching agreement with respect to a very difficult matter whose complexities have extended far beyond those normally encountered in proceedings of this nature. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.