In the Industrial Relations Commission (IRC) Commissioner McDonald handed down her decision on the safety dispute on Monday 4 November. The decision can be seen in full HERE.

We strongly encourage all members to read the entire decision and give particular attention to paragraphs 63 to 76, 119 to 126 and 155 to 159.

The purpose of these proceedings was for the Department of Primary Industries (DPI) Fisheries  to obtain orders compelling the PSA to stop the work bans. The Commission has rejected the Department’s case and accordingly, the work bans continue.

The PSA considers the decision to be a vindication of the PSA/Fisheries Officer Vocational Branch (FOVB) position in terms of safety. Once again, and now very publicly, it provides insights into the deficiencies associated to the compliance regime – this time in their own words.

Fisheries Officers have the will and now need to ability from NSW Government to administer the necessary review and changes to the Fisheries Management Act to provide an efficient, robust and effective compliance regime.

The evidence from both sides

FOVB members would be more aware of what happens in court room settings than most other public servants. However, the safety dispute that was heard on Monday 28 October involves a different court jurisdiction and your employer as the applicant.

Much of the evidence was introduced to the proceedings via way of statements from the parties. It’s important that you know what DPI Fisheries management and the PSA say about your safety and the work that you undertake when the parties are put on the stand.

Where to from here?

The Commission’s conclusion is as follows:

The Department has failed to make a sufficient case in support of dispute orders being made and I decline to make the dispute orders sought by the Department. Depending on the events that unfold in the future, it is possible that the circumstances may change and the Department may have a cogent case for dispute orders to made, but that is not the case at this moment.

 Nevertheless, it is a rather unsatisfactory state of affairs to have public servants refusing to perform duties which are, at least in theory, part of their role description. That situation should not continue for longer than needs be.

In order to assist in bringing the work bans to an end I make the following recommendations:

1. The Department should, as a matter of priority, take all steps within its control to implement the recommendations of the CERT Review dated April 2022.
2. The Department should provide a report to the PSA setting out each of the steps it has taken and will, or will not, take to:

1. implement the recommendations of the CERT Review dated April 2022;
2. to obtain approval for FOs to carry OC Spray;
3. to obtain approval for the rollout of VMS on the commercial fishing fleet including the expected timeframes for any future steps to be taken.

3. The PSA should consider lifting the work bans upon receipt of the report referred to in recommendation 2, if not before.

 I should also add that the parties should continue to discuss safety issues at the Joint Consultative Committee in the spirit in which that body was established, and if need be, approach the Commission for its assistance.

 The proceedings are otherwise dismissed.

Big thanks to all of the executive of the FOVB are required for their painstaking work to review the reams of evidence provided by DPI Fisheries.

And the next time that you see FOVB delegates SFO Joe Wright or DFO David Potter rest of the FOVB in your travels, they deserve a pat on the back.

There is power in the union.