Fire Brigade Employees' Union of New South Wales v Fire & Rescue NSW (No 2) [2013] NSWIRComm 83

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Fire & Rescue NSW (No 2) [2013] NSWIRComm 83 Hearing dates: 7 May 2013; 2 July 2013; 20 August 2013; written submissions: 28 August 2013 and 3 September 2013 Decision date: 25 September 2013 Before: Boland J, President Decision: (1) The Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 is varied by renumbering cl 36.2 as cl 36.2.1 and inserting a new cl 36.2.2 in the following terms: 36.2.2 This clause also applies in circumstances where the Commissioner decides to amend, revoke or replace the Procedural Guidelines specified in the Fire Brigades Amendment (Disciplinary Process) Regulation 2012, which amends Part 4 of the Fire Brigades Regulation 2008. (2) The Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2011 is varied by renumbering cl 27.2 as cl 27.2.1 and inserting a new cl 27.2.2 as follows: 27.2.2 This clause also applies in circumstances where the Commissioner decides to amend, revoke or replace the Procedural Guidelines specified in the Fire Brigades Amendment (Disciplinary Process) Regulation 2012, which amends Part 4 of the Fire Brigades Regulation 2008. (3) The variations in Orders (1) and (2) hereof shall operate from the date of commencement of the Fire Brigades Amendment (Disciplinary Process) Regulation 2012. Catchwords: AWARD - Variation - Resolution of industrial dispute - Insertion of provisions requiring consultation between the parties where a decision is made by the employer to amend, revoke or replace disciplinary provisions in a Regulation Legislation Cited: Industrial Relations Act 1996 Cases Cited: Fire Brigade Employees' Union of New South Wales v Fire & Rescue NSW [2013] NSWIRComm 59 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales Fire & Rescue New South Wales Representation: Mr J Nolan of Counsel with Mr G Maniatis (Fire Brigade Employees' Union of New South Wales) Mr M Easton of Counsel with Mr M Dolahenti (Fire & Rescue New South Wales) File Number(s): IRC 1191 of 2012