Mark Rolph v SafeWork NSW and Anor [2019] NSWIRComm 1043

Mark Rolph v SafeWork NSW and Anor [2019] NSWIRComm 1043

The Commission confirmed the decision to maintain geographical boundaries in work group formation as this structure best achieves the objectives of effective and convenient worker representation and worker health and safety. The evidence did not support that the mobility of the workforce undermines HSR accessibility or representation, and regionally based HSRs can better address local safety risks.

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Application for External Review / Decision on Application for External Review Following Internal Review Under Work Health and Safety Act 2011 (nsw) S 229
Outcome
Decision on internal review confirmed; applicant's application dismissed.
Legal Topics
['formation of Work Groups' 'health and Safety Representatives (hsrs)' 'review of Administrative Decisions' 'mobility of Workforce' 'geographical Boundaries in Work Group Formation']
['industrial Relations' 'workplace Health and Safety'] ['formation of Work Groups' 'health and Safety Representatives (hsrs)' 'review of Administrative Decisions' 'mobility of Workforce' 'geographical Boundaries in Work Group Formation']

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

Application for External Review / Decision on Application for External Review Following Internal Review Under Work Health and Safety Act 2011 (nsw) S 229

Legal Issues

  1. 1 ['Whether work groups for Health and Safety Representatives should be formed with or without geographical restrictions within the Sydney Trains network']

Ratio Decidendi

The Commission confirmed the decision to maintain geographical boundaries in work group formation as this structure best achieves the objectives of effective and convenient worker representation and worker health and safety. The evidence did not support that the mobility of the workforce undermines HSR accessibility or representation, and regionally based HSRs can better address local safety risks.

Court Disposition

Decision on internal review confirmed; applicant's application dismissed.

Orders

  • ['The decision on internal review is confirmed.']