Re: Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122

Industrial Relations Commission New South Wales Medium Neutral Citation: Re: Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Hearing dates: 6 November 2012 Decision date: 13 November 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President, Staff J, Backman J Decision: The matter is referred back to Staff J to be dealt with in accordance with this decision. Catchwords: AWARD - Application to vary Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2011 pursuant to a leave reserved provision to insert allowance for Community First Responder work involving the administering of first aid by retained firefighters - Matter referred to Full Bench under s 193 of Industrial Relations Act 1996 - Contention by respondent that claim contrary to s 146C of Industrial Relations Act 1996 and Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - Whether jurisdiction to entertain claim involving an allowance for new work - Process to be followed in any arbitration of claim involving consideration of s 146C, the Regulation and the Commission's Wage Fixing Principles - Application referred back to single member to be dealt with in accordance with Full Bench decision Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 Cases Cited: Crown Employees (Public Sector - Salaries 2011) Award (No 3), Re [2011] NSWIRComm 104; (2011) 210 IR 458 Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129; (2011) 208 IR 201 HSU east and Director-General, Department of Finance and Services [2012] NSWIRComm 112 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v NSW Department of Education and Communities [2012] NSWIRComm 96 State Wage Case [2010] NSWIRComm 183; (2010) 201 IR 155 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218 Category: Interlocutory applications Parties: NSW Fire Brigade Employees' Union (Applicant) Fire & Rescue NSW (Respondent) Representation: Mr J Nolan of counsel (Applicant) Mr R Reitano of counsel (Respondent) File Number(s): IRC 1485 of 2010