Fire Brigade Employees’ Union v Fire and Rescue NSW re Firefighter Jay [2015] NSWIRComm 1013

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union v Fire and Rescue NSW re Firefighter Jay [2015] NSWIRComm 1013 Hearing dates: 14 July 2015 Decision date: 31 July 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Firefighter Christopher Jay is permanently unfit for duty with Fire and Rescue NSW Catchwords: FIREFIGHTER - Fitness for duty – firefighter permanently unfit for duty Category: Principal judgment Parties: Fire Brigade Employees' Union (Notifier) Fire and Rescue NSW (Respondent) Representation: Ms C Pullen (Notifier) Mr M Dolahenty (Respondent) File Number(s): IRC 464 of 2015

Judgment 1. In this mater the Commission has been asked to determine, as an arbitrated decision pursuant to the agreed mechanism established between the parties before the Commission, whether or not Firefighter Christopher Jay is fit, within the meaning of the Crown Employees (Fire and Rescue Firefighting Staff Death and Disability) Award 2015, for duty. 2. The Commission has been furnished with a range of medical evidence on a basis agreed between the parties. 3. I have had careful regard to the matters contained in the medical evidence. I regard that material as confidential and do not set it out here. I have, in making my finding, only had regard to the principal medical condition which Firefighter Jay suffers, and not to any other medical conditions he suffers. 4. I find that Firefighter Christopher Jay is permanently unfit for duty with Fire and Rescue NSW. PETER NEWALL Commissioner

********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 31 July 2015