Interim order issued to prevent the relocation of Urban Tanker Firefighting Appliance

The Commission has issued an interim order to stay the relocation of a 3-4 Urban Tanker Firefighting Appliance (Urban Tanker) to Cockburn Career Fire and Rescue Station (Cockburn) and consequential transfer of staff to enable the parties to resolve a dispute concerning the industrial impacts of the relocation of the Urban Tanker through conciliation.

Background

The United Professional Firefighters Union of Western Australia (Union) applied to the Commission to assist in the resolution of a dispute concerning the industrial impacts of the relocation of the Urban Tanker from the Canning Vale Career and Fire Rescue Station to Cockburn.

The construction of Cockburn is anticipated to be completed soon and once commissioned, the Department of Fire and Emergency Services (DFES) wishes to move the Urban Tanker to Cockburn along with at least 12 firefighters to crew the appliance.

Parties’ contentions

The applicant, the Union, contended that the DFES has not engaged in genuine consultation and challenged the merits of the decision to relocate the Urban Tanker. The applicant also challenged the management of associated employment and industrial matters arising from the decision. It submitted that the flawed consultation process can be cured by providing a further period of time for further consultation, conciliation or arbitration.

The respondents, the DFES and the FES Commissioner, submitted that consultation has occurred. The respondents contended that the issues of the merits of the relocation and the process for managing the impacts to the employees have been adequately canvassed. It submitted that an interim order to stay the decision is not required and would be an unwarranted intervention in the functions and responsibilities of the FES Commissioner.

Findings

Commissioner Walkington found that the FES Commissioner had made a definite decision in October 2020 that the Urban Tanker would be relocated to Cockburn and that he would not reconsider this decision. She found that the respondents’ responses to issues raised by the Union thereafter were cursory, dismissive and flawed.

Walkington C also found that documentation of the outcomes of the consultation and of industrial relations considerations were almost non-existent, and those which exist were dismissive of the Union’s concerns. She noted that there was a deterioration of industrial relations between the Union and the respondents.

Walkington C concluded that the consultation process to date has been flawed and the management of industrial issues, including the impact on firefighters, have not been adequately considered. She found that further discussions, conciliation or arbitration would assist in the resolution of the matters in question and prevent the further deterioration of the relationship between the parties.

An interim order has been issued in the terms above. 

The decision can be read here.