United Professional Firefighters Union of Western Australia v Department of Fire and Emergency Services
Commissioner Walkington
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: United Professional Firefighters Union of Western Australia
Respondent: Department of Fire and Emergency Services
Ratio
The Commission issued a recommendation requiring the parties to engage in good faith negotiations on multiple review commitments under the WA Fire Service Enterprise Bargaining Agreement 2023, including Award Update, International Deployment Conditions, Accident and Medical Benefits, Rank Review, and Fatigue Management, with specified timeframes and meeting schedules.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.8
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- The United Professional Firefighters Union of Western Australia sought reviews of certain commitments under the WA Fire Service Enterprise Bargaining Agreement 2023
- Disputes centred on Award Update commitment, International Deployment Conditions, Accident and Medical Benefits review, Rank Review (Clause 13), and Fatigue Management
- The respondent had not provided responses to union positions on multiple review items
- The Rank Review outline was provided by the union on 7 May 2024
- The union's letter on EBA Clause 77 Accident and Medical Benefits Review was dated 20 September 2024
Factors
For
- The parties had entered into an enterprise bargaining agreement containing review commitments
- The respondent had previously acknowledged obligations to engage in reviews but had not provided substantive responses
- The dispute concerned matters central to the terms of employment including awards, international deployment, accident benefits, ranks, and fatigue management
Against
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 6
Principles · 1
articulates para ?
Parties to an enterprise bargaining agreement must engage in good faith discussions in relation to review commitments specified in the agreement, including providing substantive responses to proposals and meeting regularly to discuss matters.
Subsequent treatment · 1
Cited / considered· 1
Cited
(2024) 104 WAIG 2024
WAIRC — Single Commissioner
— FILE NO. C 17 OF 2024 CITATION NO. 2024 WAIRC 00956 Result Recommendation...
Archived text (463 words)
DISPUTE RE REVIEWS OF THE WESTERN AUSTRALIAN FIRE SERVICE ENTERPRISE BARGAINING AGREEMENT 2023
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES United Professional Firefighters Union of Western Australia
APPLICANT
-v-
Department of Fire and Emergency Services
RESPONDENT
CORAM Commissioner T B Walkington
DATE WEDNESday, 6 November 2024
FILE NO. C 17 OF 2024
CITATION NO. 2024 WAIRC 00956
Result Recommendation issued
Representation
Applicant Mr T Nolan
Respondent Ms N Pyne
Recommendation
HAVING heard from Mr Nolan on behalf of the applicant and Ms Pyne on behalf of the respondent, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby recommends:
1. THAT the respondent provides a response to the Award Commitment outlining which provisions, may be included in an update from the respondent’s point of view on or before 5 November 2024;
2. THAT the parties are to meet and hold discussion in good faith and without prejudice regarding the ‘Award Update’ commitment within a fortnight of the respondent providing its positions outlined in paragraph 1 above;
3. THAT the respondent provides the applicant an updated ‘International Deployment Conditions’ document in response to the Unions latest position on or before 5 November 2024;
4. THAT the parties are to meet and hold discussion in good faith and without prejudice regarding the International Deployment Conditions commitment within a fortnight of the respondent’s position outlined in paragraph 3 being provided;
5. THAT the respondent provides a response to the applicant’s letter title ‘EBA Clause 77 Accident and Medical Benefits Review’ of 20 September 2024, on or before 5 November 2024;
6. THAT the respondent provides a response to the applicant’s ‘Rank Review’ outline provided on 7 May 2024 and further outline its position in regards to fulfilling the requirements of Clause 13 of the WA Fire Service Enterprise Bargaining Agreement 2023 on or before 15 November 2024;
7. THAT following the provision of the respondent’s position in paragraph 6, the applicant and respondent hold weekly discussions in good faith and without prejudice;
8. THAT upon the conclusion of discussions on the rank review outlined in paragraph 6 the applicant and respondent are to hold discussions on a fortnightly basis, in good faith and without prejudice regarding clarifying the term ‘(or equivalent) as agreed between the parties’, and specifically discuss the competencies for each rank;
9. THAT the parties schedule a meeting to hold discussions in good faith and without prejudice in relation to Fatigue Management, specifically on reducing excessive hours worked and prescribing mandated rest breaks on or before 12 November 2024; and
10. THAT the parties hold weekly meetings on the Fatigue Management commitment, with the intent of having finalised the commitment by 31 December 2024 to enable implementation to occur within the life of the agreement.
Commissioner T B Walkington