Fire Brigades Employees' Union v Fire Brigades [2008] NSWIRComm 212

Industrial Relations Commission of New South Wales

CITATION: Fire Brigades Employees' Union v Fire Brigades [2008] NSWIRComm 212

PARTIES: NSW Fire Brigade Employees' Union NSW Fire Brigades

FILE NUMBER(S): IRC 1893 of 2007

CORAM: Grayson DP

CATCHWORDS: Industrial Dispute - Return to suitable post-injury employment - Agreement reached in earlier compulsory conference proceedings - Agreement subject to certain conditions including provision of information re secondary employment in law firm - Implementation of agreed return to work frustrated by absence of such information - Allegation by employer of employee's failure to co-operate - Manifestation of such failure said to be refusal to provide details of secondary employment - Agreement to arbitrate limited question of whether any such failure to co-operate should negate or vitiate the agreement earlier reached - Held, evidence insufficient to demonstrate absence of good faith or co-operation - Simple matter made unnecessarily complex by quest for increasing particularity by employer and view on worker's part that information not relevant for employer's purpose - Need for arbitral proceedings would have been avoided if information sought in more reasonable manner and provided in more timely way - Post injury return to work arrangements should be collaborative and based on principle of open and transparent exchange of relevant information - Delay of almost twelve months in achieving return to work objective does not of itself release either party from obligations arising from earlier agreement - Employer's contention not made out - Agreement binding

LEGISLATION CITED: Industrial Relations Act 1996

EXTEMPORE JUDGMENT DATE: 10 November 2008