NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Mark Rolph v SafeWork NSW and Anor [2019] NSWIRComm 1043 Hearing dates: 1 May 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The decision on internal review is confirmed Catchwords: WORKPLACE HEALTH AND SAFETY – application for external review – determination of work groups – whether work groups should be subject to geographical restriction – mobility of workforce – uniqueness of risks across network – balance of considerations Legislation Cited: Industrial Relations Act 1996 (NSW) s 162, 163 Work Health and Safety Act 2011 (NSW) s 3, 54, Pt 12 Div 1, s 223, 224, 225, 226, 227, 229 Work Health and Safety Regulation 2017 (NSW) cl 16, 17 Cases Cited: NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4 R v Australian Broadcasting Tribunal ex parte Hardiman [1980] HCA 13 Sydney Trains v Safework NSW [2017] NSWIRComm 1009 Category: Principal judgment Parties: Mark Rolph (Applicant)
SafeWork NSW (Respondent)
Sydney Trains (Intervener) Representation: Counsel:
M McAuliffe (Applicant)
C Magee (Respondent)
P Barry (Intervener)
Solicitors:
Government and Corporate Services, Department of Finance, Services and Innovation (Respondent)
McCullough Robertson (Intervener) File Number(s): 2018/00263095
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