Davis v Industrial Relations Secretary on behalf of the NSW Rural Fire Service [2019] NSWIRComm 1064

Industrial Relations Commission New South Wales Medium Neutral Citation: Davis v Industrial Relations Secretary on behalf of the NSW Rural Fire Service [2019] NSWIRComm 1064 Hearing dates: 5 September 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The Motion is dismissed.

2. I direct the parties to confer with a view to reaching consent on any further directions which ought to be made in these proceedings.

3. The matter will be listed for directions on a date to be advised. Catchwords: EMPLOYMENT AND INDUSTRIAL – application for threatened unfair dismissal – motion for interim order preventing dismissal prior to determination of proceedings – whether sufficient likelihood of success – whether balance of convenience favours making of order Legislation Cited: Government Sector Employment Act 2013 (NSW) s 56 Industrial Relations Act 1996 (NSW) ss 84, 89, 163, 173 Workers Compensation Act 1987 (NSW) Pt 8 Cases Cited: Jose v Secretary, Ministry of Health (Murrumbidgee Local Health District) [2019] NSWIRComm 1031 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Category: Procedural and other rulings Parties: Craig Davis (Applicant)

Industrial Relations Secretary on behalf of the NSW Rural Fire Service (Respondent) Representation: Counsel: