Fire Brigade Employees’ Union of NSW v Fire And Rescue NSW [2020] NSWIRComm 1022

Fire Brigade Employees’ Union of NSW v Fire And Rescue NSW [2020] NSWIRComm 1022

For purposes of clause 6.4 of the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017, the word 'unit' means the brigade of which the unit trainer is a member; 'regular station drills' means the drills that brigade is required to conduct in compliance with clauses 6.5.2.2 and 28.1.2 of the award. Thus, unit trainers are to deliver training to their own brigade at their own regular station drills only.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Award Interpretation Dispute / Arbitration Commission Determination Under S 175 Industrial Relations Act 1996
Outcome
Questions determined under s 175 of Industrial Relations Act 1996; interpretation provided for purposes of clause 6.4 of Award.
Legal Topics
['award Interpretation' 'retained Firefighting Staff' 'payment and Allowances' 'training Entitlements']
['industrial Law'] ['award Interpretation' 'retained Firefighting Staff' 'payment and Allowances' 'training Entitlements']

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Procedural Posture

Award Interpretation Dispute / Arbitration Commission Determination Under S 175 Industrial Relations Act 1996

Legal Issues

  1. 1 ["Meaning of 'unit' for purposes of Unit Trainer provisions in the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017" "Meaning of 'regular station drills' as used in the Award"]

Ratio Decidendi

For purposes of clause 6.4 of the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017, the word 'unit' means the brigade of which the unit trainer is a member; 'regular station drills' means the drills that brigade is required to conduct in compliance with clauses 6.5.2.2 and 28.1.2 of the award. Thus, unit trainers are to deliver training to their own brigade at their own regular station drills only.

Court Disposition

Questions determined under s 175 of Industrial Relations Act 1996; interpretation provided for purposes of clause 6.4 of Award.

Orders

  • ["The word 'unit' means the brigade of which the unit trainer is a member." "The term 'regular station drills' means the drills that brigade is required to conduct in compliance with clauses 6.5.2.2 and 28.1.2 of the Award."]