In the making of the Queensland Fire and Emergency Service Certified Agreement 2019

[2019] QIRC 168

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Queensland Fire and Emergency Service Certified Agreement 2019 [2019] QIRC 168

PARTIES:  

State of Queensland (Queensland Fire and Emergency Services)
(Applicant)

v

United Firefighters' Union of Australia, Union of Employees, Queensland
(First Respondent)

&

Queensland Fire and Rescue – Senior Officers Union of Employees
(Second Respondent)

&

Together Queensland, Industrial Union of Employees
(Third Respondent)

CASE NO:

CB/2019/104

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

6 November 2019

HEARING DATE: 

6 November 2019

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

1.     The Queensland Fire and Emergency Service Certified Agreement 2019 is certified.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld), s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227, s 228

APPEARANCES:

Ms F Bridges with the Public Safety Business Agency for the Queensland Fire and Emergency Services

Mr A Cooke for the United Firefighters' Union of Australia, Union of Employees, Queensland

Ms N Vigor for Together Queensland, Industrial Union of Employees 

Reasons for Decision

1. The State of Queensland (Queensland Fire and Emergency Services) ('QFES') has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 (‘the Act’). As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was signed. The agreement is between QFES and the following parties:

   (a)     United Firefighters' Union of Australia, Union of Employees, Queensland;

   (b)     Queensland Fire and Rescue – Senior Officers Union of Employees; and

   (c)     Together Queensland, Industrial Union of Employees.

2. The agreement has been signed by all parties to the agreement.[1]

   [1] Industrial Relations Act 2016 (Qld) s 196(1).

3. The agreement is to apply to the QFES, the Public Safety Business Agency ('PSBA'), those unions of employees that are bound by the Queensland Fire and Emergency Service Employees Award – State 2016 and all employees employed by the QFES and PSBA for whom rates of pay, conditions of employment and entitlements are provided for in the agreement.

1. In proceedings on 6 November 2019 the Commission as presently constituted certified

   the agreement.

1. In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[4]

[2] Industrial Relations Act 2016 (Qld) s 193(1)(a)-(b).

[3] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

[4] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 6 November 2019.[5] Although the nominal expiry date of the agreement is 30 June 2022, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

[5] Ibid s 216(1).

1. The application to certify the Queensland Fire and Emergency Service Certified Agreement 2019 is granted.

1. I make the following order:

1.       The Queensland Fire and Emergency Service Certified Agreement 2019 is certified.