Fire Brigade Employees’ Union of New South Wales v Fire and Rescue NSW [2020] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees' Union of New South Wales v Fire and Rescue NSW [2020] NSWIRComm 1016 Hearing dates: 20 February 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The notice of motion filed by Fire and Rescue NSW on 4 December 2019 is dismissed. 2. The matter is listed for directions, to be conducted by teleconference, at 9.00am on Friday, 20 March 2020. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Jurisdiction – whether Commission's jurisdiction to deal with disciplinary or remedial action against an employee is confined to Ch 2 Pt 7 of the Industrial Relations Act 1996 (NSW) – whether such disciplinary or remedial action can be an "industrial dispute" able to be dealt with under Ch 3 of Industrial Relations Act Legislation Cited: Fire and Rescue NSW Act 1989 (NSW) s 74 Fire Brigades Regulation 2014 (NSW) reg 3, Part 4, reg 34 Government Sector Employment Act 2013 (NSW) s 58(6) Industrial Relations Act 1996 (NSW) ss 3, 6, Ch 2 Pt 7, ss 91, 97, 98, 99, 100B(2), Ch 3 ss 130, 135(2), Dictionary Technical and Further Education Commission Act 1990 (NSW) s 19 Cases Cited: Beattie v Commonwealth Bank of Australia (2006) 155 IR 295; [2006] NSWIRComm 238 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWIRComm 1075 Unuafe v Commissioner of Police [2015] NSWIRComm 1007 Category: Procedural and other rulings Parties: Fire Brigade Employees' Union of New South Wales (Notifier) Fire and Rescue NSW (Respondent) Representation: Counsel: D Baran (Respondent) Solicitors: C McArdle of McArdle Legal (Notifier) People & Culture Directorate, Fire & Rescue NSW (Respondent) File Number(s): 2018/208229 Publication restriction: Nil