Fire & Rescue NSW v Public Service Association of NSW and Professional Officers Association of NSW Amalgamated Union [2018] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire & Rescue NSW v Public Service Association of NSW and Professional Officers Association of NSW Amalgamated Union [2018] NSWIRComm 1066 Hearing dates: 3 September and 17 October 2018 Date of orders: 24 October 2018 Decision date: 25 October 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: 1. The direction given to Mr A to attend an assessment with a psychiatrist is lawful and reasonable. 2. The application for orders by the respondent is refused 3. Direct the parties to discuss the terms of the referral to the Psychiatrist. 4. Order pursuant to s 164A of the Industrial Relations Act 1996 that the disclosure of the identity of the person described herein as Mr A is prohibited Catchwords: INDUSTRIAL DISPUTE – direction to attend medical examination – whether lawful and reasonable direction Legislation Cited: Government Sector Employment Act 2013 (NSW) Government Sector Employment (General) Rules 2014 (NSW) Industrial Relations Act 1996 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Australian and International Pilots Association v Qantas Airways Ltd [2014] FCA 32; 240 IR 342 Blackadder v Ramsay Butchering Services Pty Ltd [2002] FCA 603; 118 FCR 395; 113 IR 461 Swanson v Monash Health [2018] FCCA 538; 273 IR 460 Thompson v IGT (Australia) Pty Ltd [2008] FCA 994; 173 IR 395 Category: Principal judgment Parties: Fire & Rescue NSW (Notifier) Public Service Association of NSW and Professional Officers Association of NSW Amalgamated Union (Respondent) Representation: B King and J Camden (Notifier) A Wright (Respondent) File Number(s): 2018/00179580