In the termination of Queensland Fire and Emergency Services Certified Agreement 2019

[2023] QIRC 137

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of Queensland Fire and Emergency Services Certified Agreement 2019 [2023] QIRC 137

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/2023/44

PROCEEDING:

Application for termination 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 2019 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for termination of a certified agreement after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 189, 228

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') applied to terminate the Queensland Fire and Emergency Services Certified Agreement 2019 ('the agreement') pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act').

2. The agreement has a nominal expiry date of 30 June 2022.

3. Section 228(3) of the IR Act provides:

   (3)     The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and—

   (a)for an agreement or determination that provides that it may be terminated if particular conditions are met-the conditions have been met; or

   (b)for an agreement or determination that does not provide for the way it may be terminated—

   (i)the other parties to the agreement or determination agree to it being terminated; and

   (ii)termination of the agreement or determination is not contrary to the public interest.

4. In making my decision I have had regard to s 228(3), the submissions made by the parties who appeared at the hearing today and the affidavit of Acting Commissioner Michael Wassing of the QFES affirmed on 5 May 2023.

5. The agreement does not provide that particular conditions need to be met before it may be terminated.

6. On 4 May 2023, the QFES notified the other parties to the agreement of its intention to terminate the agreement. Those parties are:

   ·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. I am satisfied the QFES has provided the requisite notice of its intention to apply to terminate the agreement.

2. Along with the QFES, the UFU, SOU and TQ also appeared today and consented to the present application.

1. No other person appeared or sought to make submissions. Having regard to the materials before me, I am satisfied that all parties to the agreement agree to it being terminated, and the termination of the agreement is not contrary to the public interest.

1. On 12 May 2023, the QFES made an application under s 189 of the IR Act to certify the Queensland Fire and Emergency Services Certified Agreement 2022.

2. The QFES and the employee organisations listed below have agreed to the terms of the Queensland Fire and Emergency Services Certified Agreement 2022 which will replace the agreement:

   ·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’).

3. Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect.

4. I approve the termination of the Queensland Fire and Emergency Services Certified Agreement 2019 with effect from today's date, being 24 May 2023.

5. I make the following order:

   The Queensland Fire and Emergency Services Certified Agreement 2019 is terminated.