Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2017 [2018] NSWIRComm 1040

Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2017 [2018] NSWIRComm 1040

The appropriate balance between employee medical confidentiality and employer statutory obligations is achieved by permitting the independent occupational physician to provide FRNSW with necessary information regarding specified requirements or restrictions for safe management, but no further health information without the firefighter's consent.

Parties
Notifier/respondent: Fire Brigade Employees' Union of New South Wales; Applicant/respondent: Fire and Rescue NSW
Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Industrial Dispute / Award Application / Final Determination and Making of Award
Outcome
Award made and varied by consent
Legal Topics
Award Application, Health and Fitness Program, Disclosure of Medical Information, Workplace Health and Safety
Industrial Law Award Application Health and Fitness Program Disclosure of Medical Information Workplace Health and Safety

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Parties

Fire Brigade Employees' Union of New South Wales

Notifier/respondent

Fire and Rescue NSW

Applicant/respondent

Procedural Posture

Industrial Dispute / Award Application / Final Determination and Making of Award

Legal Issues

  1. 1 Whether and to what extent the employer (FRNSW) should receive health information about individual firefighters from the Independent Occupational Physician (IOP) following health checks under the Health and Fitness Program
  2. 2 Whether a provision in the proposed award limiting the information available to the employer is consistent with statutory occupational health and safety obligations

Ratio Decidendi

The appropriate balance between employee medical confidentiality and employer statutory obligations is achieved by permitting the independent occupational physician to provide FRNSW with necessary information regarding specified requirements or restrictions for safe management, but no further health information without the firefighter's consent.

Court Disposition

Award made and varied by consent

Orders

  • Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2017 made as per Exhibit 1 and varied by consent in terms of Exhibit 3