NSWFBEU v FRNSW [2011] NSWIRComm 1055

Industrial Relations Commission New South Wales Medium Neutral Citation: NSWFBEU v FRNSW [2011] NSWIRComm 1055 Hearing dates: 13 October 2011 Decision date: 24 November 2011 Before: Ritchie C Decision: Catchwords: Dispute notification filed by FBEU. Dispute between FBEU and FRNSW centred on training provided for officers on Marine 1 and the appropriate dates for the payment of the marine allowance for all purposes to qualifying officers. Issue between the parties as to the units of competency that were required to be completed. Also the operation of the Training Review Committee, OTEN and Maritime NSW. Recommended that the date for payment of the marine allowance was the date that the assessment was carried on the last of the required unit(s) of competency. Legislation Cited: Industrial Relations Act, 1996:Commercial Vessels Act, 1979 Category: Principal judgment Parties: Applicant: New South Wales Fire Brigade Employees Union. Respondent: Fire &Rescue NSW Representation: Ms G lawrence (Applicant) Mr S McMartin, Ms L Lacumin (Respondent) File Number(s): IRC 701of 2011

DECISION

Background. 1The New South Wales Fire Brigade Employees Union filed a dispute under section 130 of the Industrial Relations Act, 1996 (the Act) on 4 May 2011. 2The dispute notification stated that Fire & Rescue NSW had failed to pay a significant number of their members a marine allowance which was payable under provisions of an expression of interest and then under the Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 (the Award). 3Conciliation took place on 9 May,23 May, 8 June 2011, 1 August, 10 August and 17 August 2011. On that last date no agreement had been reached and the Commission raised a Notice of Attempted Conciliation and the dispute was set down for hearing on 13 and 14 October 2011. The second hearing date was not required and at the end of proceedings on 13 October the decision was reserved.