APPLICATION FOR DECLARATION THAT BARGAINING HAS ENDED 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 FRIday, 13 March 2026 FILE NO. APPL 11 OF 2026 CITATION NO. 2026 WAIRC 00142 Result Declaration issued Representation Applicant Mr C Fogliani (of counsel) Respondent Mr J Carroll (of counsel) Declaration WHEREAS on or around February 2025, the United Professional Firefighters Union of Western Australia (applicant) and the Department of Fire and Emergency Services (respondent) commenced informal bargaining for a replacement industrial agreement to replace the Western Australian Fire Service Enterprise Bargaining Agreement 2023 (2023 Agreement); AND WHEREAS on 11 July 2025, the respondent provided the applicant with a first offer to replace the 2023 Agreement; AND WHEREAS on 15 July 2025, the applicant advised the respondent that it had rejected the respondent’s first offer; AND WHEREAS on 25 July 2025, the applicant responded to the offer with its first counteroffer; AND WHEREAS on 17 September 2025, the respondent presented its second offer to the applicant by way of a counteroffer. In this offer, the respondent noted that this was their ‘final offer’; AND WHEREAS on 1 October 2025, the respondent issued the applicant a revised second offer; AND WHEREAS on 1 October 2025, the respondent initiated good faith bargaining pursuant to s 42 of the Industrial Relations Act 1979 (WA) (IR Act) for the purpose of commencing formal negotiations for a replacement industrial agreement; AND WHEREAS on 21 October 2025, the applicant formally responded to the initiation of bargaining, advising that they would commence bargaining pursuant to s 42A of the IR Act; AND WHEREAS on 23 October 2025, the respondent filed an application pursuant to s 42E of the IR Act, seeking the Commission’s assistance in bargaining for a replacement industrial agreement; AND WHEREAS the applicant rejected the respondent’s offer made on 1 October 2025 by way of a ballot of the applicant’s members, and the respondent was informed of the rejection on 6 November 2025; AND WHEREAS the Commission convened conferences on 31 October 2025, 10 November 2025, 13 November 2025, 25 November 2025, 11 December 2025, and 18 December 2025 for the purposes of assisting the parties in reaching agreement; AND WHEREAS on 16 December 2025, the applicant made a second offer to the respondent; AND WHEREAS on 22 December 2025, the respondent rejected the applicant’s second offer; AND WHEREAS 22 bargaining meetings were held between the parties from 20 February 2025 to 21 January 2026; AND WHEREAS on 10 February 2026, the applicant filed an application seeking a declaration that bargaining has ended pursuant to s 42H of the IR Act; AND WHEREAS the test for the Commission to apply pursuant to s 42H(1) of the IR Act is that: (a) the applicant has bargained in good faith; (b) bargaining between the applicant and another negotiating party has failed; and (c) there is no reasonable prospect of the negotiating parties reaching an agreement; AND WHEREAS the applicant submits that they have bargained in good faith, bargaining between the negotiating parties has failed and the parties say there is no reasonable prospect of reaching an agreement; AND WHEREAS the respondent has indicated that its second offer issued on 1 October 2025, represented the maximum financial parameters that it was willing to provide the applicant, and the applicant rejected this offer; AND WHEREAS the Commission has considered the application, the response and the statement of agreed facts and bundle of documents filed by the parties on 11 March 2026; AND WHEREAS after considering the parties’ respective positions, the Commission is satisfied: (a) The applicant has bargained in good faith; (b) Bargaining between the applicant and the respondent has failed; and (c) There is no reasonable prospect of the parties reaching an agreement. NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby declares – THAT bargaining for a replacement industrial agreement between the United Professional Firefighters Union of Western Australia and the Department of Fire and Emergency Services, has ended. Commissioner T B Walkington