Industrial Relations Secretary v Fire Brigade Employees' Union of New South Wales

[2020] NSWCA 46

NSW Court of Appeal

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Interrogate

Catchwords

1. Employment and Industrial Law
2. › Awards and enterprise agreements
3. › Interpretation
4. › Crown Employees Award
5. › Overtime provisions
6. › Whether employer empowered to dismiss firefighters during intrastate multiday deployment
7. › Whether firefighters entitled to overtime payment for entirety of deployment
8. › Industrial Relations Act 1996 (NSW), ss 197, 357
1. Employment and Industrial Law
2. › Awards and enterprise agreements
3. › Principles of construction
4. › Whether narrow textual approach or purposive contextual approach applies
5. › Whether ambiguity required before considering context and purpose
6. › Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241
1. Appeal
2. › Appeal from Local Court to Supreme Court
3. › Question of law alone
4. › Whether finding of fact precluded assumption by appellate court
5. › Crimes (Appeal and Review) Act 2001 (NSW), s 56(1)(c)

Quick Take

Practitioners advising on industrial award interpretation in NSW should note that the constrained approach in Manildra Flour Mills requiring ambiguity before considering context is not to be followed, and that the definition of overtime as time worked 'with approval or direction' inherently confers power on the employer to revoke approval or give a further direction to cease overtime.