Notification under section 130 by the New South Wales Fire Brigade Employees' Union of a dispute with New South Wales Fire Brigades re non payment of BA-Hazmat allowance to member [2007] NSWIRComm 1033

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by the New South Wales Fire Brigade Employees' Union of a dispute with New South Wales Fire Brigades re non payment of BA-Hazmat allowance to member [2007] NSWIRComm 1033

NOTIFIER: PARTIES: New South Wales Fire Brigade Employees' Union RESPONDENT New South Wales Fire Brigades

FILE NUMBER(S): 3456 of 2006

CORAM: Stanton C

Industrial dispute - application of award allowance - whether employee on light and alternate duties attached to BA/Hazmat section - medical restrictions - award interpretation - plain and ordinary meaning of actual words used - consequence of construction contended by Union. CATCHWORDS: Held, employee not attached to BA/Hazmat section - order sought refused - matter concluded.

LEGISLATION CITED: Industrial Relations Act 1996

Bryce v Apperley (1998) 82 IR 448 City of Wanneroo v Holmes (1989) 30 IR 362 CASES CITED: Cole v Department of Youth Services (1987) 7 NSWLR 541 New South Wales Fire Brigade Employees Union and New South Wales Fire Brigades [2003] NSWIRComm 55 New South Wales Fire Brigade Employees Union and New South Wales Fire Brigades [2007] NSWIRComm 60 Zoological Parks Board of New South Wales v Australian Workers Union (2004) 135 IR 56

HEARING DATES: 3 May 2007

DATE OF JUDGMENT: 21 June 2007

NOTIFIER: Mr K Bolwell, New South Wales Fire Brigade Employees' Union