Fire Brigade Employees’ Union of New South Wales v Fire and Rescue NSW [2019] NSWSC 654

Supreme Court New South Wales

Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2019] NSWSC 654 Hearing dates: 16 May 2018 Decision date: 01 July 2019 Jurisdiction: Common Law Before: McCallum J Decision: 1. Appeal allowed. 2. Proceedings remitted to the Local Court. 3. Defendant to pay the plaintiff's costs. Catchwords: INDUSTRIAL LAW – appeals – interpretation of award – whether firefighters entitled to overtime during multiday deployment Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 56(1)(c), 59(2) Industrial Relations Act 1996 (NSW), ss 12, 197, 197(1)(c), 197(2), 357, 357(1), 358, 403(1) Cases Cited: Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435; [1946] HCA 25 Director of Public Employment (by her Agent the Commissioner of NSW Fire Brigades) v New South Wales Fire Brigades Employees' Union (2008) 180 IR 170; [2008] NSWIRComm 158 Kucks v CSR Limited (1996) IR 182; [1996] IRCA 141 Warramunda Village Inc v Pryde (2002) 116 FCR 58; [2002] FCA 250 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (plaintiff) Fire and Rescue NSW (defendant) Representation: Counsel: J Nolan (plaintiff) R Reitano (defendant)

Solicitors: Masselos & Co Lawyers (plaintiff) Fire & Rescue NSW (defendant) File Number(s): 2018/17674 Publication restriction: None