Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary in respect of Fire and Rescue NSW (Busby Temporary Relocation) (No 2) [2023] NSWIRComm 1070

Fire Brigade Employees’ Union of New South Wales v Industrial Relations Secretary in respect of Fire and Rescue NSW (Busby Temporary Relocation) (No 2) [2023] NSWIRComm 1070

The Busby Firefighters suffered a moderate reduction in amenity because the relocation to Liverpool reduced the quality of sleeping arrangements, exposed them to additional noise and some limitations in bathroom and other facilities, and involved building compliance concerns, but the evidence did not establish a significant reduction. Liverpool Firefighters experienced some inconvenience but not a reduction in amenity sufficient to qualify for the Station Redevelopment Allowance. The Busby Firefighters were not entitled to the Kilometre Allowance because they were not travelling between stations pursuant to cl 12 and were not performing relief duty. They were not entitled to Travelling...

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 / Preliminary Determination and Recommendation
Outcome
Recommendation made in part for the Busby Firefighters; claims for Liverpool Firefighters' Station Redevelopment Allowance, award travel allowances, and alternative travel-related compensation were not accepted.
Legal Topics
['industrial Disputes' 'station Redevelopment Allowance' 'temporary Relocation of Firefighters' 'reduction in Amenity' 'kilometre Allowance' 'travelling Compensation' 'award Construction']
['employment and Industrial Law'] ['industrial Disputes' 'station Redevelopment Allowance' 'temporary Relocation of Firefighters' 'reduction in Amenity' 'kilometre Allowance' 'travelling Compensation' 'award Construction']

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Procedural Posture

Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 / Preliminary Determination and Recommendation

Legal Issues

  1. 1 ['Whether the Busby Firefighters suffered a reduction in amenity warranting payment of the Station Redevelopment Allowance and, if so, at what level.' 'Whether the Liverpool Firefighters suffered a reduction in amenity warranting payment of the Station Redevelopment Allowance and, if so, at what level.' 'Whether the Busby Firefighters had an entitlement to either the kilometre allowance or travelling compensation under the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2022 while relocated to Liverpool fire station.' 'If no award entitlement existed, whether the Busby Firefighters should otherwise be entitled to travel-related compensation.']

Ratio Decidendi

The Busby Firefighters suffered a moderate reduction in amenity because the relocation to Liverpool reduced the quality of sleeping arrangements, exposed them to additional noise and some limitations in bathroom and other facilities, and involved building compliance concerns, but the evidence did not establish a significant reduction. Liverpool Firefighters experienced some inconvenience but not a reduction in amenity sufficient to qualify for the Station Redevelopment Allowance. The Busby Firefighters were not entitled to the Kilometre Allowance because they were not travelling between stations pursuant to cl 12 and were not performing relief duty. They were not entitled to Travelling...

Court Disposition

Recommendation made in part for the Busby Firefighters; claims for Liverpool Firefighters' Station Redevelopment Allowance, award travel allowances, and alternative travel-related compensation were not accepted.

Orders

  • ['I recommend that FRNSW pay to the Busby Firefighters the Station Redevelopment Allowance at the "moderate" level, backdated to 14 December 2022, for as long as the recline building and Liverpool station building remain in their current condition.' 'FRNSW is directed to inform the Commission and the FBEU by no...