Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014 Hearing dates: 6 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Orders sought by notifier declined. Dispute proceedings concluded. Catchwords: TRANSFER AND ASSIGNMENT OF EMPLOYMENT – Government Sector Employment Act 2013 – assignment of employee – orders sought annulling assignment effected pursuant to s 46 – assignment lawfully effected – no power in Commission to reverse or annul assignment under GSE Act – no power in Commission to direct agencies to appoint staff to particular roles CONSULTATION – for purposes of s.46(4) GSE Act, 'consult' does not mean that agreement to assignment must be reached, and failure to reach agreement does not bar an agency head from effecting transfer INDUSTRIAL DISPUTES – Orders available to Commission in resolution of disputes – s.136 of Industrial Relations Act 1996 - any other Order the Commission is authorised to make - order overturning or annulling assignment of employee under Government Sector Employment Act 2013 not an order the Commission is authorised to make Legislation Cited: Government Sector Employment Act 2013 ss 46(2), 46(4), 47 Industrial Relations Act 1996 ss 84, 89, 130, 136(1)(d) Cases Cited: McGinn v Secretary, Family and Community Services [2017] NSWIRComm 1039 Category: Principal judgment Parties: Public Service Association and Professional Officers Association Amalgamated Union of NSW (notifier) Fire and Rescue NSW (respondent) Representation: Mr A Wright (notfier) Mr A Dolahenty (respondent) File Number(s): 2017/329232