Fire Brigade Employees’ Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Hearing dates: 22 December 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM, Acting Chief Commissioner; Newall C; Murphy C Decision: Leave to appeal is refused. Catchwords: LEAVE TO APPEAL – tests on leave – weight to be given to first-instance decision-making – leave will be granted to correct error of law – no error disclosed – no utility in grant of leave – leave to appeal refused Legislation Cited: Industrial Relations Act 1996 (NSW) s 189, s.201(1) 189 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Construction, Forestry, Mining and Energy Union and BHP Coal Pty Ltd (2014) 253 CLR 243 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Principal judgment Parties: Fire Brigade Employees' Union of NSW (o/b Challinor) - Appellant Fire and Rescue NSW – Respondent Representation: Counsel: J Nolan (Appellant) R Reitano (Respondent) File Number(s): 2016/206974

DECISION 1. This is an application for leave to appeal and, if leave is granted, an appeal against a decision of Stanton C in Fire Brigade Employees' Union of NSW (o/b Wayne Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1024.('the impugned decision') That was a decision in the context of an application brought by the appellant claiming relief from victimisation pursuant to s.213 of the Industrial Relations Act 1996 (NSW) ('the Act'). 2. The appeal was originally listed before a Full Bench of the Commission constituted by Walton J, Newall C and Murphy C. On 9 December 2016 the Acting Chief Commissioner reconstituted the Full Bench to comprise Tabbaa C AM, Acting Chief Commissioner, Newall C and Murphy C. 3. The decision was handed down on 20 June 2016. The appeal proceedings were filed within the time prescribed by s 189 of the Act.