Re: Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 [2014] NSWIRComm 38

Industrial Relations Commission New South Wales Medium Neutral Citation: Re: Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 [2014] NSWIRComm 38 Hearing dates: 20 June 2014, 27 June 2014 Decision date: 01 August 2014 Jurisdiction: Industrial Relations Commission Before: Boland AJ Decision: ORDERS AND DIRECTIONS: The Commission makes the following orders and directions: (1)The application in Matter No IRC 457 of 2014 to vary the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 is referred to his Honour the President, Justice Walton, for his consideration as to whether it should be joined to proceedings in Matter No IRC 123 of 2014, an application for a new award to be titled Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014. Catchwords: AWARD - Application to vary - Whether in public interest to vary Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 to increase rates of pay when increases have been passed on by administrative action and applicant has filed an application for a new Award that seeks increases and other changes to employment conditions - Whether there are exceptional circumstances justifying orders with retrospective effect - No extra claims - Application referred to President for consideration as to whether application be joined to proceedings relating to claim for new Award Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 Cases Cited: Roads and Maritime Services Division of the Government Service of New South Wales - Consolidated Salaried Employees Award 2013 (No 2) [2014] NSWIRComm 32 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (Applicant) Fire and Rescue NSW (Respondent) Representation: J Nolan of counsel for the Applicant M Easton of counsel for the Respondent C Read, Senior Industrial Officer, Fire Brigade Employees' Union of New South Wales (Applicant) B King, Assistant Director, Employee Relations, Fire and Rescue NSW (Respondent) File Number(s): IRC 457 of 2014