Fire Brigade Employees Union v Fire and Rescue NSW [2011] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees Union v Fire and Rescue NSW [2011] NSWIRComm 1023 Hearing dates: 31/03/11, 21/04/11 Decision date: 23 May 2011 Before: Ritchie C Decision: Order sought by applicant dismissed. Catchwords: Section 130 dispute. Employee injured at work. Returns to work with restrictions and works from another location carrying out alternate duties in accordance with medical restrictions. Works at this location for eight years and then is directed to transfer to another location to carry out other work in accordance with his medical restrictions. Refuses to transfer believes he holds a permanent position. Commission finds that he has never been made permanent, nor that he holds an operations support position. Orders that the transfer take place. Legislation Cited: Industrial Relations Act, 1996 Category: Principal judgment Parties: Applicant: NSW Fire Brigades Employees Union. Respondent: Fire and Rescue NSW Representation: Ms G Potter-Butler (Applicant)

Mr B King (Respondent) Ms G Potter-Butler (Applicant)

Mr B King (Respondent) File Number(s): IRC 108 of 2011

DECISION

Background. 1The NSW Fire Brigade Employees' Union (the applicant) filed a dispute under section 130 of the Industrial Relations Act, 1996 (the Act) on 8 February 2011 against Fire and Rescue NSW (the respondent), concerning the transfer of a member of the applicant to another location. 2The dispute was listed for two compulsory conferences on 9 February 2011 and 21 February 2011 at the conclusion of which a Certificate of Attempted Conciliation was issued and a timetable for the filing and serving of evidence was provided to the parties. 3The matter was listed for hearing on 31 March 2011 but a further date was required when the Commission provided the respondent with the opportunity to file further evidence as a consequence of evidence that fell from the applicant's member during examination in chief. 4At the end of the hearing on 21 April 2011 the Commission reserved its decision.