Fire Brigade Employees’ Union v Fire and Rescue NSW re Senior Firefighter Loy [2016] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union v Fire and Rescue NSW re Senior Firefighter Loy [2016] NSWIRComm 1012 Hearing dates: 6 April 2016 Decision date: 06 April 2016 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Senior Firefighter Loy is permanently unfit for duty with Fire and Rescue NSW Catchwords: Firefighter – Fitness for duty – medical condition - 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): 2016/00056837

Judgment 1. In this matter 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 Senior Firefighter Bruce Loy 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. 4. I find that Senior Firefighter Bruce Loy 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: 06 April 2016