Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014

Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014

Fire and Rescue NSW lawfully exercised its statutory power under s 46 of the Government Sector Employment Act 2013 because Mr Ferns was consulted within the meaning of s 46(4), no alleged defect such as lack of candour, certification, classification, victimisation, reprisal or discrimination was made out, and the Industrial Relations Commission had no power under the Industrial Relations Act 1996 to annul the assignment or direct Fire and Rescue NSW to place Mr Ferns in another role.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Industrial Dispute Proceedings / Final Determination of Orders Sought by Notifier
Outcome
Orders sought by notifier declined. Dispute proceedings concluded.
Legal Topics
['assignment of Public Service Employee' 'consultation Under S 46(4) of the Government Sector Employment Act 2013' 'commission Powers in Industrial Dispute Proceedings' 'alleged Discrimination and Victimisation']
['industrial Relations' 'public Sector Employment'] ['assignment of Public Service Employee' 'consultation Under S 46(4) of the Government Sector Employment Act 2013' 'commission Powers in Industrial Dispute Proceedings' 'alleged Discrimination and Victimisation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Dispute Proceedings / Final Determination of Orders Sought by Notifier

Legal Issues

  1. 1 ['Whether Fire and Rescue NSW complied with s 46 of the Government Sector Employment Act 2013 when assigning Mr Craig Ferns to the role of Alarms Advisor.' 'Whether the consultation required by s 46(4) required agreement with the employee or continued consultation until agreement was reached.' 'Whether the Industrial Relations Commission had power to annul or reverse the assignment or direct Fire and Rescue NSW to place Mr Ferns in another role.' 'Whether the assignment was vitiated by alleged lack of candour, lack of required certification, victimisation, reprisal, discrimination, or classification issues.']

Ratio Decidendi

Fire and Rescue NSW lawfully exercised its statutory power under s 46 of the Government Sector Employment Act 2013 because Mr Ferns was consulted within the meaning of s 46(4), no alleged defect such as lack of candour, certification, classification, victimisation, reprisal or discrimination was made out, and the Industrial Relations Commission had no power under the Industrial Relations Act 1996 to annul the assignment or direct Fire and Rescue NSW to place Mr Ferns in another role.

Court Disposition

Orders sought by notifier declined. Dispute proceedings concluded.

Orders

  • ['Orders sought by notifier declined.' 'Dispute proceedings concluded.']