NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 Hearing dates: 7 December 2015 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Industrial Relations Commission Before: Kite AJ Decision: Order that Shane Bryant be granted leave to intervene in matter No IRC 737 of 2014, 33543 of 2016. Catchwords: INTERVENTION – application by individual worker for leave to intervene – external review of internal review decision on determination of workgroups – nature of the workers interest - legislative scheme – whether real and sufficient interest to justify leave – whether real and sufficient interest to be joined as a party. EXTERNAL REVIEW – Work Health and Safety Act s 229 – nature of review – administrative review on merits – hearing de novo Legislation Cited: Industrial Relations Act 1996 (NSW) ss 146, 151, 153, 163 and 167 State Insurance and Care Governance Act 2015 (NSW) Schedules 4 and 14 Work Health And Safety Act 2011 (NSW) ss 50, 51, 52, 53, 54, 62, 229B, 223, 224, 226, 229 and Part 9 Work Health and Safety Regulation 2011 (NSW) Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Mick Amarasinghe) and WorkCover Authority of New South Wales [2012] NSWIRComm 143 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194 Independent Commission Against Corruption v Cunneen [2015] HCA 14; 89 ALJR 475 Police Integrity Commission v Shaw (2006) 66 NSWLR 446 Project Blue Sky INC v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Category: Procedural and other rulings Parties: NSW Rural Fire Service (Applicant/Respondent on the Motion) SafeWork NSW (First Respondent) Shane Bryant (Second Respondent/Applicant on the Motion seeking leave to intervene) Representation: BD Hodgkinson SC with W Thompson of counsel (Applicant) C Magee of counsel(First Respondent) S Bryant (Self represented)