NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4

NSW Rural Fire Service v SafeWork NSW [2016] NSWIRComm 4

Although Part 5 of the Work Health And Safety Act 2011 (NSW) has a collective focus and Mr Bryant's status as an individual worker alone would not justify participation, his role as the person who made the initial s 50 request, sought appointment of an inspector under s 54, and applied for internal review under s 224, together with the absence of any party presently representing workers' interests against the RFS contentions, gave him a sufficient interest for the protective step of leave to intervene. The legislative scheme did not justify making him a party merely because he had initiated earlier steps.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
External Review Under S 229(1)(b) of the Work Health and Safety Act 2011 (nsw) / Procedural Ruling on Notice of Motion Seeking Leave to Intervene
Outcome
Motion allowed in part; Shane Bryant granted leave to intervene.
Legal Topics
['intervention' 'external Review' 'merits Review' 'health and Safety Representatives' 'determination of Work Groups' 'standing of Individual Worker']
['industrial Relations' 'work Health and Safety' 'administrative Law'] ['intervention' 'external Review' 'merits Review' 'health and Safety Representatives' 'determination of Work Groups' 'standing of Individual Worker']

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Procedural Posture

External Review Under S 229(1)(b) of the Work Health and Safety Act 2011 (nsw) / Procedural Ruling on Notice of Motion Seeking Leave to Intervene

Legal Issues

  1. 1 ['Whether Shane Bryant had a real and sufficient interest to justify leave to intervene in the external review proceedings.' 'Whether Shane Bryant should be joined as a party rather than granted intervener status.' 'The nature of an external review under s 229 of the Work Health And Safety Act 2011 (NSW).']

Ratio Decidendi

Although Part 5 of the Work Health And Safety Act 2011 (NSW) has a collective focus and Mr Bryant's status as an individual worker alone would not justify participation, his role as the person who made the initial s 50 request, sought appointment of an inspector under s 54, and applied for internal review under s 224, together with the absence of any party presently representing workers' interests against the RFS contentions, gave him a sufficient interest for the protective step of leave to intervene. The legislative scheme did not justify making him a party merely because he had initiated earlier steps.

Court Disposition

Motion allowed in part; Shane Bryant granted leave to intervene.

Orders

  • ['Shane Bryant be granted leave to intervene in matter No IRC 737 of 2014, 33543 of 2016.']