In the making of the Queensland Fire and Emergency Services Certified Agreement 2022

[2023] QIRC 138

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Queensland Fire and Emergency Services Certified Agreement 2022 [2023] QIRC 138

PARTIES:

State of Queensland
(Queensland Fire and Emergency Services)

AND

United Firefighters’ Union of Australia, Union of Employees, Queensland

Queensland Fire and Rescue – Senior Officers Union of Employees

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2023/45

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

24 May 2023

HEARING DATE: 

24 May 2023

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDERS:

The Queensland Fire and Emergency Services Certified Agreement 2022 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for certification of a certified agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld) ch 4

APPEARANCES:

Ms T Elliott, Ms F Bridges and Assistant Commissioner D Hermann for Queensland Fire and Emergency Services

Mr L Duncan for Queensland Fire and Rescue – Senior Officers Union of Employees

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

Mr M Thomas for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. On 12 May 2023, the Queensland Fire and Emergency Services ('the QFES') made an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Queensland Fire and Emergency Services Certified Agreement 2022 ('the agreement').

2. The named parties to the agreement are the QFES and the following employee organisations:

   ·United Firefighters’ Union of Australia, Union of Employees, Queensland (‘UFU’);

   ·Queensland Fire and Rescue – Senior Officers Union of Employees (‘SOU’); and

   ·Together Queensland, Industrial Union of Employees (‘TQ’).

1. The agreement is signed by all the above-mentioned parties.

2. Along with the QFES, the UFU, SOU and TQ also appeared today and consented to the present application.  No other person appeared or sought to make submissions.

1. The agreement applies to all employees of the QFES for whom rates of pay, conditions of employment and entitlements are provided for therein. 

2. The agreement operates in conjunction with the Queensland Fire and Emergency Services Employees Award – State 2016 as amended or varied from time to time.

3. Having regard to the submissions made by the parties who appeared at the hearing today, as well as the affidavit of Acting Commissioner Michael Wassing of the QFES affirmed on 5 May 2023:

   ·I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the IR Act; and

   ·there is nothing in the agreement which would require me to refuse to grant the application pursuant to ch 4 pt 5 div 2 sub-div 3 of the IR Act.

4. The application to certify the agreement is granted. The agreement operates from the day it is certified, being today's date, 24 May 2023.

5. Although the nominal expiry date of the agreement is 30 June 2025, it continues to operate until it is terminated under either s 227 or s 228 of the IR Act.

6. I make the following order:

   The Queensland Fire and Emergency Services Certified Agreement 2022 is certified