NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: New South Wales Fire Brigade Employees' Union v New South Wales Fire Brigades [2007] NSWIRComm 265
APPELLANT New South Wales Fire Brigade Employees' Union PARTIES: RESPONDENT New South Wales Fire Brigades
FILE NUMBER(S): IRC 1133 of 2007
CORAM: Walton J Acting President; Harrison DP; Grayson DP
CATCHWORDS: Appeal - leave to appeal - dispute over payment of BA/Hazmat allowance - interpretation of Award - whether employee engaged in outduty - whether attached to BA/Hazmat section performing outduty - injured employee recovering from work related injury performing light duties - whether outduty in these circumstances - whether clause 6.7.3 of Award is code - lacuna in award - - no specific provisions for circumstances of rehabilitation for injured worker in Award - held - allowance not payable - appeal dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Campbells Cash & Carry Pty Ltd v National Union of Workers NSW Branch (No 2) (2001) 106 IR 429 CASES CITED: Crown Employees (NSW Fire Brigades Firefighting Staff) Award (2005) 352 IG 270 Re SRA Firefighting Award 2001 (2002) 122 IR 13 Zoological Parks Board of NSW v Australian Workers' Union (2004) 35 IR 56
HEARING DATES: 24 September 2007
DATE OF JUDGMENT: 2 November 2007
APPELLANT Mr J Nolan of Counsel Ms G Lawrence New South Wales Fire Brigade Employees' Union LEGAL REPRESENTATIVES: RESPONDENT Ms T Anderson of Counsel Mr S Henderson New South Wales Fire Brigades
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