Industrial Relations Commission of New South Wales CITATION: Notification under s130 by NSW Fire Brigades on behalf of the Director of Public Employment of a dispute with NSW Fire Brigade Employees' Union re Stop Work Meeting [2008] NSWIRComm 31 Notifier: PARTIES: NSW Fire Brigades on behalf of the Director of Public Employment Respondent: NSW Fire Brigade Employees Union FILE NUMBER(S): IRC85 of 2008 CORAM: Kavanagh J CATCHWORDS: S130 industrial dispute - industrial action - arbitration by Commission - proposal of Commission on own initiative for Interim Award - Interim Award entered by agreement - Commission determines duration for six months - all issues referred to Arbitration LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 25/01/08,31/01/08,04/02/08,05/02/08,13/02/08, 14/02/08,15/02/08,18/02/08 EXTEMPORE JUDGMENT DATE: 18 February 2008 Notifier: Mr P. Kite SC and Ms T. Anderson of counsel instructed by Ms J Duncan NSW Fire Brigades LEGAL REPRESENTATIVES: Respondent: Mr J. Nolan instructed by Mr S. Flynn/Mr C. Read NSW Fire Brigade Employees' Union JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Kavanagh J 18 February 2008 Matter No IRC 85 of 2008 NOTIFICATION UNDER SECTION 130 BY NSW FIRE BRIGADE ON BEHALF OF THE DIRECTOR OF PUBLIC EMPLOYMENT OF A DISPUTE WITH NSW FIRE BRIGADE EMPLOYEES UNION RE STOP WORK MEETING ORDERS AND DIRECTIONS [2008] NSWIRComm 31 1 This is a resumption of an Arbitration in an industrial dispute between the NSW Fire Brigades and the NSW Fire Brigade Employees' Union. I note, on the invitation of the Commission, the appearance before the Commission today of two intervening parties: The Director of Public Employment and Unions NSW. 2 The Commission, in arbitration, of its own initiative called for submissions as to the effect on the parties of a Commission proposal to issued an Interim Award varying the wage rates and relevant allowances of the employees by 2.5 percent and referring the full matter as a Special Case for Arbitration. 3 The Union at the commencement of today's proceedings, through its counsel Mr J. Nolan, Barrister-at-Law, gave the Commission an undertaking that the Union would lift all present industrial action in the form of bans today and do so as expeditiously as possible. 4 The Commission proposed the Interim Award given the present Award expires on 24 February 2008 and in the context that the NSW Public Sector Wages Policy 2007 (September 2007), to which the employer the NSW Fire Brigades is bound, allows no negotiation as to any back payment claims. 5 Mr P. Kite SC submitted on behalf of NSW Fire Brigades and the Director of Public Employment that the clients he represents would agree to a 2.5 percent wage and relevant allowances increase through an Interim Award but asked that the Interim Award be struck for the period of one year. However, in considering the latter application, the Commission is aware of the terms of the Public Sector Wages Policy and is aware that a number of Awards covering the Public Sector reach their expiry date throughout 2008. I am therefore persuaded of the urgency of the dispute and that any arbitration of the issues may have on-going ramifications. Therefore, I am persuaded, all parties should address urgently the issues and I determine the appropriate time for the Interim Award is six months. It is, of course, within the Commission's power to extend this period if necessary. 6 In accordance with the powers referred to me and having listened to arguments from the parties, I am persuaded that this is a matter that can be categorised as a Special Case. 7 Unions NSW and its constituent bodies have on the public record fought to retain the Arbitral system of industrial relations in New South Wales. It is in accepting this principle, adopted by Unions NSW and supported and maintained by the NSW Government, that I believe this dispute which relates to an application by the Union for a wage increase outside the terms of the Public Sector Wages Policy 2007 should be forwarded to the President for allocation (perhaps to a Full Bench) for Arbitration. 8 Accordingly, I give the following direction: The NSW Fire Brigade Employees' Union is to file and serve an application for a Wage Increase within 48 hours. and, in accordance with the powers referred to me, I give the following orders and directions: 1. Pursuant to s16(4) of the Industrial Relations Act 1996, the Commission makes the Crown Employees (NSW Fire Brigades Firefighting Staff) Interim Award 2008. 2. The Award shall be an Interim Award and shall provide for an increase of 2.5 percent in all salary rates and all relevant allowances under the Crown Employees (NSW Fire Brigades Firefighting Staff) Award and shall operate in conjunction with the Award 3. The Interim Award shall commence on 24 February 2008 and take effect from the beginning from the first full pay period to commence on or after 24 February 2008 and shall remain in force for a period of six months. 4. The parties are directed to file and serve within 7 days of today a document setting out the terms of the Interim Award to give effect to this Decision. 5. In the event that there is any remaining disagreement about the terms of the Interim Award, there is liberty to apply on short notice. 9 It is clear that this Commission has been pressed to issue Orders against the Union given its ongoing industrial action. It is presumed that in the filing of the above Application the Union will not engage in any industrial action. The Union today gave an undertaking to cease existing bans but, while acknowledging and commending the Union's undertaking, given the past industrial history of the Union, I incorporate that undertaking into a Commission's Direction as follows: 1. The NSW Fire Brigade Employees' Union and its officers, employees and members immediately cease any industrial action as defined in the Dictionary to the Industrial Relations Act 1996 in which they may be presently engaged. Given the limitation of the undertaking, I also intend to give the following further Direction: 2. The NSW Fire Brigade Employees' Union and its officers, employees and members refrain from taking any further industrial action as defined in the Dictionary to the Industrial Relations Act 1996 until further order of the Commission. 10 This matter is to be referred to the President for allocation (with a recommendation it be allocated to a Full Bench of the Commission). 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