Industrial Relations Secretary v Fire Brigade Employees’ Union of New South Wales [2020] NSWCA 46

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Industrial Relations Secretary v Fire Brigade Employees' Union of New South Wales [2020] NSWCA 46 Hearing dates: 7 February 2020 Decision date: 23 March 2020 Before: Basten JA at [1]; Leeming JA at [42]; White JA at [49] Decision: (1) In addition to the order granting the Secretary leave to appeal (made in the course of the hearing on 7 February 2020), direct that the draft notice of appeal contained in the white folder be filed in the Registry. (2) Allow the appeal and set aside the orders made by McCallum J on 1 July 2019. (3) In place of those orders, (a) order that the amended summons filed in the Common Law Division on 3 May 2018 be dismissed; (b) order that the plaintiff (Fire Brigade Employees' Union) pay the defendant's costs of the proceedings. (4) Order that the respondent Fire Brigade Employees' Union pay the costs of the appellant Secretary in this Court. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Interpretation – whether award empowers employer to dismiss firefighters during an intrastate multiday deployment – whether firefighters entitled to overtime payment for entirety of intrastate multiday deployments Legislation Cited: Civil Procedure Act 2005 (NSW), ss 64, 65 Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 56 Fire and Rescue NSW Act 1989 (NSW), ss 69, 70 Government Sector Employment Act 2013 (NSW), s 50 Industrial Relations Act 1996 (NSW), ss 126, 197, 355B, 357 Local Court Act 2007 (NSW), s 70