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Queensland Judgments
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  • Unreported Judgment

Re 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. [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:
  1. (a)
    United Firefighters' Union of Australia, Union of Employees, Queensland;
  1. (b)
    Queensland Fire and Rescue – Senior Officers Union of Employees; and
  1. (c)
    Together Queensland, Industrial Union of Employees.
  1. [2]
    The agreement has been signed by all parties to the agreement.[1]
  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.
  2. [4]In proceedings on 6 November 2019 the Commission as presently constituted certified the agreement.
  3. [5]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]
  4. [6]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. [7]The application to certify the Queensland Fire and Emergency Service Certified Agreement 2019 is granted.
  6. [8]I make the following order:
  1. The Queensland Fire and Emergency Service Certified Agreement 2019 is certified.

Footnotes

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

[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.

[5] Ibid s 216(1).

Close

Editorial Notes

  • Published Case Name:

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

  • Shortened Case Name:

    Re Queensland Fire and Emergency Service Certified Agreement 2019

  • MNC:

    [2019] QIRC 168

  • Court:

    QIRC

  • Judge(s):

    Hartigan IC

  • Date:

    06 Nov 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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