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..

Case [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. 


Details
AGLC
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
Case
[2015] QIRC 126
Decision Date

CaseChat Overview and Summary

The matter before the court was between the State of Queensland, represented by the Department of Community Safety Queensland Fire and Emergency Services, and the United Firefighters' Union of Australia, Union of Employees, Queensland, and the Queensland Fire and Rescue Senior. The dispute involved the negotiation of a new industrial determination for the Queensland Fire and Emergency Services employees. The court was tasked with resolving the outstanding issues between the parties that could not be settled through conciliation and arbitration.

The legal issues before the court were centered on the final list of matters that required a decision, specifically relating to the terms and conditions of employment for the firefighters. The court was required to issue a decision on these outstanding matters and direct the parties to settle the terms of a new determination. The court had to ensure that all provisions of the new industrial determination were settled and that the new determination was released accordingly.

In its reasoning, the court confirmed that all matters at issue had been settled between the parties. The court found that the final list of matters requiring decision had been agreed upon, and that all provisions of the new industrial determination had been settled. The court issued the new determination, known as the "Queensland Fire and Emergency Services - Determination 2013," which was operative from various dates depending on the clause. The court set a nominal expiry date of 1 October 2016 for the determination. The court's decision ensured that the new terms and conditions of employment for the firefighters were finalised and implemented effectively.

The court's orders included the release of the new industrial determination, the setting of operative dates for different clauses, and a nominal expiry date for the determination. The new determination was to be known as the "Queensland Fire and Emergency Services - Determination 2013." The wage rates and relevant allowances were to be effective from 8 December 2013, Clause 27 was to be effective from 15 February 2015, and all other clauses were to be effective from 1 May 2015. The nominal expiry date for the new determination was set at 1 October 2016.

Orders

Orders of the court

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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