Re Fire and Rescue NSW Firefighting Staff (Death and Disability) Award 2017 [2018] NSWIRComm 1003

Re Fire and Rescue NSW Firefighting Staff (Death and Disability) Award 2017 [2018] NSWIRComm 1003

The Full Bench determined that the award should permit disclosure to FRNSW, without the firefighter's consent, of only such information regarding specified requirements or restrictions as, in the professional opinion of the independent occupational physician, is necessary for the safe management of the firefighter, thereby striking a balance between privacy and statutory safety obligations.

Parties
Dispute Notifier and Award Respondent: Fire Brigade Employees' Union of New South Wales; Dispute Respondent and Award Applicant: Fire and Rescue NSW
Jurisdiction
Australia
Judgment Date
19 January 2018
Procedural Posture
Industrial Dispute and Award Application / Full Bench Determination and Award
Outcome
Award made by consent in terms of Exhibit 1; dispute resolved subject to outstanding issues relating to health pack and questionnaire
Legal Topics
Awards, Information Disclosure, Work Health and Safety, Jurisdictional Conflict
Industrial Law Awards Information Disclosure Work Health and Safety Jurisdictional Conflict

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Parties

Fire Brigade Employees' Union of New South Wales

Dispute Notifier and Award Respondent

Fire and Rescue NSW

Dispute Respondent and Award Applicant

Procedural Posture

Industrial Dispute and Award Application / Full Bench Determination and Award

Legal Issues

  1. 1 Whether the Commission can make an award provision potentially conflicting with employer obligations under the Work Health and Safety Act 2011
  2. 2 Extent of medical information to be disclosed to employer following regular health checks of firefighters

Ratio Decidendi

The Full Bench determined that the award should permit disclosure to FRNSW, without the firefighter's consent, of only such information regarding specified requirements or restrictions as, in the professional opinion of the independent occupational physician, is necessary for the safe management of the firefighter, thereby striking a balance between privacy and statutory safety obligations.

Court Disposition

Award made by consent in terms of Exhibit 1; dispute resolved subject to outstanding issues relating to health pack and questionnaire

Orders

  • Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2017 made as per Exhibit 1 in proceedings
  • Associated issues regarding health pack and questionnaire to be resolved by 31 March 2018; Full Bench reserved 15 March 2018 for any unresolved matters