NSW FBEU v Director of Public Employment by her agent the Commissioner of NSW Fire Brigades (No. 2) [2008] NSWIRComm 7

Industrial Relations Commission of New South Wales

CITATION: NSW FBEU v Director of Public Employment by her agent the Commissioner of NSW Fire Brigades (No. 2) [2008] NSWIRComm 7

PARTIES: NSW Fire Brigade Employees Union Director of Public Employment by her agent the Commissioner of NSW Fire Brigades

FILE NUMBER(S): 166 of 2007

CORAM: Grayson DP

CATCHWORDS: Industrial dispute - Award interpretation - First instance determination appealed - Employer application to bring fresh evidence - Full Bench proceedings adjourned to enable application to re-open first instance proceedings - Leave granted - Fresh evidence called - Fresh evidence not such as to advance proposition for which employer contends - First instance determination confirmed - Order made giving effect to first instance determination

LEGISLATION CITED: Industrial Relations Act 1996

Fire Brigade Employees (State) Award Matter No. 170 of 1978 - Industrial Commission of NSW, 3 November 1978 CASES CITED: Fire Brigade Station Officers (State) Award and Fire Brigade Employees (State) Award - Matter Nos. 225 and 226 of 1975 - Industrial Commission of NSW, 7 August 1975 NSW Fire Brigades Employees Union v NSW Fire Brigades (No. 1) [2007] NSWIRComm 128

HEARING DATES: 15 November 2007 14 December 2007

DATE OF JUDGMENT: 4 February 2008

Mr J Nolan of counsel for the NSW Fire Brigade Employees Union LEGAL REPRESENTATIVES: Ms T Anderson of counsel for the Director of Employment by her agent the Commissioner of NSW Fire Brigades

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES