The dispute between Coolamon Shire Council and a former employee was determined on the papers. Photo: Google Maps.
A Riverina council has been ordered to pay a former mobile librarian $1149 after losing an unusual workplace dispute over whether staying in a caravan park cabin could count as “camping”.
The employee worked for Coolamon Shire Council (CSC) from 27 May 2024 to 27 June 2025, driving a mobile library around regional towns and generally working alone.
His union took the dispute to the NSW Industrial Relations Commission after claiming he should have been paid a first-aid allowance and a “camp out” allowance for nights he was required to stay away from home.
The dispute centred on what exactly counts as “camping” – with the council arguing it meant staying in a tent, while the former librarian argued he was entitled to it after being sent away from home with nowhere nearby to buy a meal, regardless of the form of accommodation.
On the two nights that ultimately qualified, he stayed in a caravan park cabin and brought his own food.
In the newly published decision, Commissioner Christopher Muir found that the man was owed at least part of what he claimed in both categories.
Commissioner Muir found that the worker was not “expressly appointed” to carry out first-aid duties.
The worker claimed that he was told during his job interview that holding first-aid certificates would be a requirement of getting the job. He also gave copies of his relevant qualifications to the council.
He also said that he maintained the first-aid kit.
But Commissioner Muir accepted evidence from two CSC employees who were at the interview and denied that it was mentioned.
The council’s general manager Tony Donoghue also told the commission that he’d previously discussed the first-aid entitlement with the man.
“In the exchange, [the worker] had asked why he wasn’t being paid the first-aid allowance and Mr Donoghue told him it was because he was not appointed as a first aider.”
Commissioner Muir also said he received no details of “the size or complexity” of the kit, and there was no evidence the man had ordered any supplies for it.
However, Commissioner Muir also found that the worker’s award meant the man had been appointed to perform first-aid duties.
He said this was because the worker was the only employee in his workplace within CSC, and was still covered under the relevant award.
“[The] award requires the appointment of employees, in sufficient quantity in each workplace [to be able to administer first aid if it was needed],” he said.
“That unavoidably means that an employee who works alone will need to be appointed to perform first-aid duties.”
This means that the man was entitled to the first-aid allowance, because he had the relevant qualification.
The man also sought a camping allowance for three occasions when he had to sleep away from home.
All occasions were paid for through a CSC credit card.
Commissioner Muir ultimately rejected a submission from the council that the camping allowance would only apply if the employee was staying in a tent or similar accommodation.
“[CSC] further submitted that they were a hangover from road gangs who were required to camp in tents for several days away from facilities in order to complete their work,” he said.
“I was not taken to any history in support of this submission … [and] so proceed to interpret the clause on the fact of the words of that clause.”
He said the caravan park fell within the definition set out in the award, which he found covered situations where “there is no reasonable ability” for an employee to buy food.
It means the man was only awarded the ‘camp out’ allowance for the two nights he spent in a caravan park.
The commission heard that the worker had deliberately brought food on those nights because there was nowhere to buy meals nearby.
A third instance (where the man slept in a hotel and ate food there) was denied.
Coolamon Shire Council has been contacted for comment.
