Killen v SafeWork NSW and NSW Rural Fire Service [2019] NSWIRComm 1078

Industrial Relations Commission New South Wales Medium Neutral Citation: Killen v SafeWork NSW and NSW Rural Fire Service [2019] NSWIRComm 1078 Hearing dates: 28 August 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Order that: (1) The application for orders 2 and 3 of the Notice of Motion is dismissed. (2) The parties are directed to consider these reasons and advise by 4 pm on 22 October 2019 whether any redactions are necessary to ensure compliance with the non-publication order. (3) The matter will be listed for directions on 30 October at 9:30 am. (4) The parties have liberty to apply in respect of order 3 on three days' notice. Catchwords: EXTERNAL REVIEW – application by Health and Safety Representative – work group – interest affected Legislation Cited: Industrial Relations Act 1996 (NSW) Work Health And Safety Act 2011(NSW) Cases Cited: Commission Against Corruption v Cunneen [2015] HCA 14, 256 CLR 1 The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union v SafeWork NSW [2018] NSWIRComm 1053 Williams v Health Services Union NSW [2019] NSWIRComm 1032 Category: Procedural and other rulings Parties: James Killen (Applicant) Safework NSW (First Respondent) New South Wales Rural Fire Service (Second Respondent) Representation: Counsel: L Saunders (Applicant) M Fleeton (First Respondent) J Alderson (Second Respondent)