Notification under section 130 by the New South Wales Fire Brigade Employees' Union of a dispute with New South Wales Fire Brigades re non payment of BA-Hazmat allowance to member [2007] NSWIRComm 1033

Notification under section 130 by the New South Wales Fire Brigade Employees' Union of a dispute with New South Wales Fire Brigades re non payment of BA-Hazmat allowance to member [2007] NSWIRComm 1033

SFF Dives was not 'attached to' the Newcastle BA/Hazmat Section within the meaning of clause 6.7.3 of the Award during his period of light and alternate duties, nor was he performing an 'Outduty' as defined; therefore, he was not entitled to the BA/Hazmat allowance for that period.

Parties
Notifier/applicant: New South Wales Fire Brigade Employees' Union; Respondent: New South Wales Fire Brigades
Jurisdiction
Australia
Judgment Date
21 June 2007
Procedural Posture
Industrial Dispute Notification / Final Decision
Outcome
order refused
Legal Topics
Award Interpretation, Allowance Entitlement, Light/alternate Duties, Workplace Injury, Application of Industrial Instruments
Industrial Relations Award Interpretation Allowance Entitlement Light/alternate Duties Workplace Injury Application of Industrial Instruments

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Parties

New South Wales Fire Brigade Employees' Union

Notifier/applicant

New South Wales Fire Brigades

Respondent

Procedural Posture

Industrial Dispute Notification / Final Decision

Legal Issues

  1. 1 Whether SFF Dives was entitled to the BA/Hazmat allowance while undertaking light and alternate duties within the Newcastle BA/Hazmat section, given award provisions and definitions of 'attached to' and 'Outduty'.

Ratio Decidendi

SFF Dives was not 'attached to' the Newcastle BA/Hazmat Section within the meaning of clause 6.7.3 of the Award during his period of light and alternate duties, nor was he performing an 'Outduty' as defined; therefore, he was not entitled to the BA/Hazmat allowance for that period.

Court Disposition

order refused

Orders

  • The order sought by the Union is refused. Matter concluded.