State of Queensland (Department of Community Safety Queensland Fire and Emergency Services) v United Firefighters' Union of Australia, Union of Employees, Queensland and Queensland Fire and Rescue Senior..

[2015] QIRC 126

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

State of Queensland (Department of Community Safety - Queensland Fire and Emergency Services) v United Firefighters' Union of Australia, Union of Employees, Queensland and Queensland Fire and Rescue - Senior Officers Union of Employees (No. 3) [2015] QIRC 126

PARTIES:  

State of Queensland (Department of Community Safety - Queensland Fire and Emergency Services)
(Applicant)

v

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

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

CASE NO:

CA/2012/56

PROCEEDING:

s 149 Arbitration

DELIVERED ON:

7 July 2015

HEARING DATES:

1 February 2013 (Directions Hearing)
10 May 2013 (Mention)
19 June 2013 (Directions Hearing)
24 - 28 June 2013
26 - 29 August 2013
9 - 10 and 25 - 26 September 2013
28 October 2013
1 November 2013
3 December 2013
19 December 2014

MEMBERS:

Deputy President O'Connor
Deputy President Bloomfield
Industrial Commissioner Knight

ORDERS:

1.   That a new Determination known as the "Queensland Fire and Emergency Services - Determination 2013" be released.

2.   That the new Determination be operative from 8 December 2013 in relation to wage rates and relevant allowances, 15 February 2015 in relation to Clause 27 and 1 May 2015 in all other respects, with a nominal expiry date of 1 October 2016.

CATCHWORDS:

INDUSTRIAL LAW - ARBITRATION IF CONCILIATION UNSUCCESSFUL - Matters at issue - Final list of matters requiring decision - Decision on those matters issued - Parties directed to settle terms of new Determination - All provisions now settled - Determination released.   

CASES:

Industrial Relations Act1999, s 149
State of State of Queensland (Department of Community Safety - Queensland Fire and Emergency Services) v United Firefighters' Union of Australia, Union of Employees, Queensland and Queensland Fire and Rescue - Senior Officers Union of Employees (No. 2) [2014] QIRC 224.

APPEARANCES:

Mr A. Herbert, Counsel instructed Mr M. Moy and Ms L. Bain of McCullough Robertson Lawyers, for the Applicant.
Mr J. Spreckley with Mr J. Oliver and Mr G. Sottile, for United Firefighters' Union of Australia, Union of Employees, Queensland.
Mr A. Short and Mr D. Hermann for the Queensland Fire and Rescue - Senior Officers Union of Employees.

Decision (as corrected)

1. On 23 December 2014 a Full Bench of the Queensland Industrial Relations Commission (the Commission) as currently constituted released a decision[1] concerning the matters at issue between State of Queensland (Department of Community Safety - Queensland Fire and Emergency Services) and United Firefighters' Union of Australia, Union of Employees, Queensland and Queensland Fire and Rescue - Senior Officers Union of Employees as a result of their unsuccessful negotiations for a new certified agreement during 2012 and 2013. 

   [1] State of State of Queensland (Department of Community Safety - Queensland Fire and Emergency Services) v United Firefighters' Union of Australia, Union of Employees, Queensland and Queensland Fire and Rescue - Senior Officers Union of Employees (No. 2) [2014] QIRC 224.

2. Following the release of our decision the parties have now settled the terms of the new Determination, to be known as the "Queensland Fire and Emergency Services - Determination 2013". 

3. The terms of the Determination now having been settled, we formally release it.  The Determination shall operate from 8 December 2013 in relation to wage rates and relevant allowances, 15 February 2015 in relation to Clause 27 and 1 May 2015 in all other respects, with a nominal expiry date of 1 October 2016.    

4. We determine and Order accordingly.