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, 21 May 2025

FILE NO. C 17 OF 2024

CITATION NO. 2025 WAIRC 00313

Result Recommendation issued

Representation 

Applicant Mr J Marsh

Respondent Ms N Pyne

Recommendation

HAVING heard Mr Marsh 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), and by consent, hereby recommends:

1. THAT the respondent provides a meaningful response to the applicant’s letter dated 29 November 2024, specifically detailing the methodology and criteria used to define “stable” entitlements, by close of business on Friday 30 May 2025;
2. THAT the parties meet before Friday, 30 May 2025, to commence discussions and collaboratively review a revised list of entitlements for inclusion in the modernised Award;
3. THAT the parties reconvene the Rank Review Working Group, commencing Monday, 12 May 2025, to create a defined scope and timeframe to clarifying the meaning of the term “(or Equivalent) as agreed between the parties” and commence the review of career pathways and the professional development, up to, and including the position of Area Officer;

4. THAT the respondent provides a response to the applicants Rank Review document, and that subsequently the parties meet to discuss the respective positions, including the potential progression of the Station Officer 3 rank by close of business Friday, 23 May 2025;
5. THAT the respondent provides its position in writing to the applicant on the proposed reduction of maximum hours of work and the introduction of mandated rest breaks, including a response to the position provided by the applicant on 30 June 2024, by close of business Friday, 23 May 2025;
6. THAT the respondent seek clarification from Government Sector Labour Relations, party to the previous round of bargaining when the commitment was made, as to whether the intent of Clause 70 and Clause 9 enable the introduction of a deployment allowance;
7. THAT following the discussion in Recommendation 6 occurring; the respondent meets with the applicant before Friday, 23 May 2025, to have an informed discussion regarding the intent of Clause 70 and Clause 9 and whether a deployment allowance is pursued via this commitment or as a new bargaining item;
8. THAT the applicant provides the respondent with clear justification as to what factors have been included within the deployment allowance being sought and how the allowance has been calculated before the meeting identified in Recommendation 7;
9. THAT the respondent nominate an operational representative to lead discussions regarding the creation of a formal plan outlining how the “District Officer Transfer and Rotation Program Policy” will progress including timelines, key actions, and points for consultation, including the issuing of a survey to support an evidence-based review and ensure genuine consultation with impacted employees. Parties to meet by close of business Friday, 23 May 2025; and
10. THAT the parties schedule a conference upon the expiry of the agreement, reporting back on each of the commitments.

Commissioner T B Walkington