DISPUTE RE BARGAINING WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Department of Fire and Emergency Services APPLICANT -v- United Professional Firefighters Union of Western Australia RESPONDENT CORAM Commissioner T B Walkington DATE Friday, 12 December 2025 FILE NO/S C 29 OF 2025 CITATION NO. 2025 WAIRC 00984 Result Order issued Representation Applicant Mr T Bishop (of counsel) Respondent Mr C Fogliani (of counsel) Order WHEREAS on 23 October 2025, the applicant applied pursuant to s 42E of the Industrial Relations Act 1979 (WA) to the Western Australian Industrial Relations Commission (Commission), seeking the Commission’s assistance to facilitate good faith bargaining for a replacement Industrial Agreement, and to encourage the parties to exchange or divulge attitudes or information to prevent the deterioration of industrial relations; AND WHEREAS in the Application, the applicant specified they were seeking orders for the respondent to provide the Second Offer for a replacement Industrial Agreement to its members in neutral terms; AND WHEREAS on 24 October 2025, the respondent acknowledged they would provide the Second Offer in full to members in neutral terms on the same day; AND WHEREAS on 30 October 2025, the applicant requested an urgent conference on the basis that: (a) the parties have reached an impasse in bargaining; and (b) there was a risk of continuing and escalating industrial action by the respondent; AND WHEREAS several Conferences were held with the Commission on 31 October 2025, 10 November 2025, 13 November 2025 and 25 November 2025; AND WHEREAS on and following the Conference held on 13 November 2025, the applicant indicated they were seeking Interim Orders for the respondent to direct its members to cease all forms of industrial action and bans; AND WHEREAS on and following the Conference held on 13 November 2025, several without-prejudice proposals were put forth by both parties in an attempt to resolve matters through an agreed outcome; AND WHEREAS following the urgent Conference held on 25 November 2025, the Commission issued a Direction ([2025] WAIRC 00944), directing the applicant to file and serve upon the respondent, an Amended Application specifying the Interim Orders sought, and the grounds in support of its Application for Interim Orders; AND WHEREAS following the urgent Conference held on 25 November 2025, a Hearing was listed for 11 December 2025 to hear from the parties on the applicant’s Amended Application for Interim Orders; AND WHEREAS on 26 November 2025, the applicant filed and served upon the respondent an Amended Application in compliance with the Direction ([2025] WAIRC 00944). The Amended Application specified they were seeking Interim Orders for the respondent to direct its members to cease the industrial action and lift the 13 bans specified in Schedule A below; AND WHEREAS the parties continued to engage in discussions with each other in an attempt to resolve matters by way of an agreed outcome; AND WHEREAS at the commencement of the Hearing listed on 11 December 2025, the parties indicated they were willing to engage in a Conference discussion, for the purpose of resolving matters by conciliation; AND WHEREAS at the Conference held on 11 December 2025, the parties reached an agreement by consent; AND WHEREAS an agreement was reached to facilitate community safety through the high threat period, and promote ongoing bargaining in good faith while acknowledging the parties’ statutory rights during the bargaining process; NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby orders – 1. THAT by 5pm on Friday, 12 December 2025, the respondent is to lift the 13 bans listed in the applicant’s Amended Application lodged 26 November 2025 (Schedule A - below) effective until 9 June 2026. 2 THAT the respondent agrees not to take any new industrial action/bans in pursuit of bargaining before 9 June 2026. 3. THAT the respondent is to inform its members that, except for the remaining bans, conditions have returned to business as usual. 4. THAT the respondent is to inform its members that the bans were lifted by agreement and share the draft communications with the applicant before release. 5. THAT in exchange for the above, the applicant will make an administrative payment, comprising: (a) 5% annual increase calculated from Friday, 12 December 2025. (b) the annualised wage adjustment, which increases the penalty factor from 40.074% to 46.06%, calculated from Friday, 12 December 2025. 6. THAT the administrative payment in Order 5 above will offset any future wage increases that may be agreed to or arbitrated. 7. THAT the administrative payment in Order 6 above will be paid as soon as practicable and no later than 26 January 2026. Commissioner T B Walkington SCHEDULE A # : UNION INDUSTRIAL ACTION 4 : One person, one job - do not take on responsibilities outside your designated role or region 5 : No ad hoc on-call arrangements 6 : Approved ADOs cannot be cancelled to meet DFES needs 7 : Do not respond to emails/calls after hours or while on leave 8 : Stop responding to all DFES text messages on personal devices on days off (USAR incidents only are excluded) 9 : Limit overtime to a maximum of 24 hours per work cycle 10 : Only respond to DFES Call Back phone calls between 0700 – 0900 and 1700 – 1900 (unless required due to incident/injury/illness) 13 : Members will not work more than 24 hours consecutive, excluding incident hold backs 14 : No personal phones to be used for DFES business 0800hrs – 1800hrs, Friday. No exceptions (unless you receive an allowance) Wellness will use email No personal phones to be used for DFES business 1800hrs Thursday – 1800hrs Friday 15 : Stop prearranging Callbacks for Staff Vacancies Country Stations Only - Prearranging Callbacks for Staff Vacancies, for the next shift only. Call back windows still apply. Metro Stations only – as relievers are available, there will be no Prearranging Callbacks. SAMS to be completed as per DFES SAPs 16 : 24-hour ban – No call Back 0800hrs Tuesday – 0800hrs Wednesday Holdbacks only during this time, excluding staff shortages arising from country out-of-district incident response, or from injury or illness occurring during a shift 18 : Dual-cab 3.4 “ghosting” Members will not support any change to response models pending consultation and safety assurance. 19 : No off-shift contact 1800hrs Thurs – 1800hrs Fri (email only)