Fire Brigade Employees’ Union of New South Wales (on behalf of Wayne Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales (on behalf of Wayne Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1024 Hearing dates: 30 September 2015 Decision date: 20 June 2016 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Application dismissed Catchwords: Application under s 213 of the Industrial Relations Act 1996 (the Act) - applicant alleged he was victimised by the respondent pursuant to s 210(1)(h) on the grounds that he was reprimanded for engaging in political activity – meaning of victimisation considered - conduct of applicant considered – Caretaker Conventions, Code of Conduct and Fire Brigade Regulation 2014 considered – respondent's motivation considered – HELD – s 210(2) presumption rebutted - applicant's political activity not a substantial and operative cause of applicant's reprimand - application dismissed. Legislation Cited: Industrial Relations Act 1996 Fair Work Act 1999 (Cth) Fire Brigade Regulation 2014 Cases Cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, (2012) 248 CLR 500 Browne v Dunn (1894) 6 R. 67, HL Construction, Forestry, Mining and Energy Union and BHP Coal Pty Ltd [2014] HCA 41, (2014) 253 CLR 243 Graham Davis v Amalgamated Television Services Pty Ltd [1998] NSWIRComm 289 Public Service Association of New South Wales v Teterycz [1997] NSWIRComm 159 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 27 Twentieth Superpace Nominees Pty Ltd (t/a Specialised Container Transport) and Transport Workers' Union of New South Wales (on behalf of Steve Purdy) [2006] NSWIRComm 218 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (on behalf of Wayne Challinor) - Applicant Fire and Rescue New South Wales - Respondent Representation: Counsel: Mr J Nolan of counsel – applicant