Sydney Trains v Safework NSW [2017] NSWIRComm 1009

Industrial Relations Commission New South Wales Medium Neutral Citation: Sydney Trains v Safework NSW [2017] NSWIRComm 1009 Hearing dates: 20 February 2017 Date of orders: 03 March 2017 Decision date: 03 March 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: The internal reviewer's decision is varied. Catchwords: WORKPLACE HEALTH AND SAFETY – Application for external review – nature of review hearing de novo – Commission's powers – correct and preferable decision to be provided WORKPLACE HEALTH AND SAFETY – Safety training – choice of provider – no unilateral right to choose training – training can only be selected in consultation STATUTORY CONSTRUCTION – construction which leaves words superfluous or without work to do to be avoided Legislation Cited: Industrial Relations Act 1996 s.162, 163 Public Works and Procurement Act 1912 ss.162, 163 Work Health and Safety Act 2011 ss.72(1), 72(2), 72(6), 226, 229(4) Cases Cited: Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No. IHOOAAQS v Cross (2012) 293 ALR 412 Drake v Workcover NSW (1999) 90 IR 432 NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Sweeney v Fitzhardinge (1906) 4 CLR 716 Turnbull v NSW Medical Board [1976] 2 NSWLR 281 Category: Principal judgment Parties: Sydney Trains (applicant) Safework NSW (respondent) Australian Manufacturing Workers' Union (first intervenor) Unions NSW (second intervenor) Representation: H Younan, counsel (applicant) C T Magee, counsel (respondent) Ms L Saunders, solicitor (first intervenor)