New South Wales Fire Brigade Employees Union v Fire and Rescue New South Wales [2012] NSWIRComm 50

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Fire Brigade Employees Union v Fire and Rescue New South Wales [2012] NSWIRComm 50 Hearing dates: 6 December 2011, 9 May 2012 Decision date: 21 June 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (a)upon the proper construction of cl 6.4 of the Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 and the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 firefighters covered by the awards (or either of them) who actually worked on Easter Sunday 2011 are entitled to and shall be credited with the same number of hours of consolidated leave as those hours actually worked by them on that day; (b)upon the proper construction of cl 6.4 of the Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 and the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award) 2011, Easter Sunday shall be treated as an "additional public holiday" for so long as Easter Sunday is declared a public holiday pursuant to the provisions of the Public Holidays Act 2010 or any successor legislation and firefighters who actually work on Easter Sunday shall be credited with the same number of hours of consolidated leave as those hours actually worked by them on that day. Catchwords: AWARD INTERPRETATION - Industrial Relations Act 1996 - s 154 - Application for declaration regarding award provision that "additional" public holidays attract consolidated leave - principles of award interpretation - history of award provision considered - earlier awards made when there were 10 public holidays observed - Banks and Bank Holidays Act 1912 allowed further days to be gazetted as public holidays - importance of legislative provisions when consent awards made - Public Holidays Act 2010 recognises Easter Sunday as a regular public holiday - Easter Sunday "an additional public holiday" for purposes of award provision - employees working on that day entitled to equivalent hours to those worked as consolidated leave - declarations made Legislation Cited: Acts Interpretation Act 1901 Banks and Bank Holidays Act 1912 Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 Industrial Relations (Public Sector) Conditions of Employment Regulation 2011 Industrial Relations Act 1996 Public Holidays Act 2010 The Interpretation Act (1987) Workplace Relations Act 1996 Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union and ors (2005) 222 CLR 241 Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd (2002) 174 FLR1 Australian Nursing Federation v Royal Melbourne Hospital & ors [1995] IRCA 44; (1995) 58 IR 214 Australian Timber Workers Union v W Angliss and Co Pty Ltd (1924) 19 CAR 172 Australian Workers Union v Graziers Association (NSW) (1939) 40 CAR 494 Bryce and anor v Apperley (1998) 82 IR 448 Cabell v Markham 148 F 2d737 at 739 (1945) Cepus v Heggies Transport Pty Ltd (1993) 52 IR 123 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Clothing Trades Award (1950) 68 CAR 597 Club Employees (State) Award and other Awards, Re [2002] NSWIRComm 362 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Employers' Federation of New South Wales v Australian Liquor, Hospitality and Miscellaneous Workers' Union, (Miscellaneous Workers' Division, NSW) (1994) 87 IR 335 Geo A Bond and Co Ltd (in Liq) v McKenzie [1929] AR NSW 499 Helvering v Gregory 69F 2d 809 at 810-811 (1934) K & S Lake City Freighters Pty Ltd v Gordon and Gotch Ltd (1985) 157 CLR 309 Mettoy Pension Trustee Ltd v Evans [1990] 1 WLR 1587 Parrett v Secretary, Department of Family and Community Services [2002] FCA 716 Re Steel Workers' Employees (BHP Co Ltd) and Iron and Steel Works Employees (A I & S Ltd - Port Kembla) Awards (No 1) [1962] AR (NSW) 334 Shop, Distributive and Allied Employees' Association v Woolworths Ltd [2012] FCA 540 Stevens v Bell unreported, Court of Appeal, UK, 20 May 2002 The City of Wanneroo v Holmes [1989] 30 IR 363 at 378 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Zoological Parks Board of New South Wales v Australian Workers Union (2004) 135 IR 556 Texts Cited: The Macquarie Dictionary Category: Principal judgment Parties: New South Wales Fire Brigade Employees' Union (Applicant) Fire and Rescue New South Wales (Respondent) Representation: J Nolan of counsel (Applicant) R Reitano of counsel (Respondent)