State of Queensland (Queensland Corrective Services) v Together Queensland, Industrial Union of Employees [2025] QIRC 353

Industrial Relations (Tribunals) Rules 2011, r 98, r 169

Queensland Corrective Services - Correctional Employees Certified Agreement 2021

• [1] State of Queensland (Queensland Corrective Services) ('the Applicant') and Together Queensland, Industrial Union of Employees ('the Respondent') are parties to the Queensland Corrective Services - Correctional Employees Certified Agreement 2021 ('the current Certified Agreement').

• [2] The Applicant and the Respondent are currently before the Commission as the parties requesting assistance in bargaining in matter CB/2025/117.

• [3] The Respondent represents the Applicant's custodial operations employees.

• [4] The current Certified Agreement nominally expired on 31 August 2025.[1]

• [5] The terms of the current Certified Agreement are only applicable to the Applicant's employees who are engaged in custodial operations.[2]

• [6] By correspondence dated 28 April 2025, the Respondent provided formal notice of intention to bargain pursuant to s 169 of the Industrial Relations Act 2016 (Qld) ('the IR Act').[3]

• [7] On 23 July 2025, members of the Applicant's enterprise bargaining team commenced negotiations for a replacement Certified Agreement ('the new Certified Agreement') with the Respondent and their union delegates.[4]

• The Applicant and the Respondent have participated in thirteen (13) negotiation meetings for the new Certified Agreement between 23 July 2025 and 1 October 2025.[5]

• [8] On 1 October 2025, the Applicant filed a Form 44 - Request for help to make a certified agreement in the Industrial Registry pursuant to s 175(1)(b) of the IR Act.[6] As noted above that matter has been given the file number CB/2025/117.

• [9] The Respondent has taken various protected industrial actions commencing from 30 September 2025. The protected industrial action was paused by agreement on 24 November 2025.[7]

• [10] Pursuant to a Directions Order issued by the Commission on 7 October 2025:

• On 7 October 202, the Applicant filed a Summary of Claims setting out the bargaining claims that remained in dispute.

• On 17 October 2025, the Respondent filed its Summary of Claims.

• [11] The Commission conducted conferences to assist the parties with bargaining on:

• 21 October;
• 30 October 2025;
• 20 November 2025;
• 4 December 2025; and
• 12 December 2025.[8]

• [12] On 15 December 2025, the parties filed in the Industrial Registry a consent application seeking to have the matter referred to arbitration pursuant to s 178 of the IR Act.[9]

• [13] The issue for determination is whether I should grant the application seeking to have the matter referred to arbitration.

• [14] For the reasons that follow I have determined to grant the application.

• [15] Section 178 of the IR Act states:

(1) All of the negotiating parties may apply to the commission for arbitration of the matter.

(2) The application must state -

(a) whether the negotiating parties agree on the aspects of the matter that are at issue between the parties; and

(b) if the parties agree - the aspects of the matter that are at issue between the parties; and

(c) if the parties agree - the full bench may refer arbitration of the matter to a commissioner sitting alone.

(3) The commission must consider the application and decide to grant or refuse to grant the application.

(4) The commission may grant the application only if satisfied -

(a) a negotiating party has tried to negotiate with the other parties; or

(b) if the negotiating parties have been negotiating - the parties have tried to reduce the scope of the matters at issue between the parties.

(5) The commission may make the interlocutory orders, or other orders, it considers appropriate, including, for example, an order requiring the negotiating parties to undertake -

(a) further negotiation with a view to reducing the scope of the matters to be arbitrated; or

(b) further conciliation.

_Examples of reasons the commission might make an order under subsection (5) - _

• to reduce the scope of the matters at issue
• failure of a negotiating party to bargain in good faith as required under section 173
• failure of a negotiating party to bargain as required under an agreement made by the negotiating parties under section 173(5)

• [16] Rule 169 of the Industrial Relations (Tribunals) Rules 2011 ('the Rules') relevantly provides as follows:

An application for arbitration of a matter under section 178(1) of the Act must -

(a) be in the approved form; and

(b) contain a form of consent to arbitration signed by all of the negotiating parties.

• [17] The matters that I must be satisfied of to grant the application are that:

• The parties have complied with r 169 of the IR Rules;

• A negotiating party has tried to negotiate with the other parties; and

• If the parties have been negotiating, they have tried to reduce the scope of issues in dispute.

• [18] In relation to the first issue, Chief Superintendent Andrew Wilson in his affidavit confirms that during the conference held on 12 December 2025 the parties agreed to make a consent application for arbitration pursuant to s 178(1) of the IR Act.[10] Chief Superintendent Wilson also confirms that on 12 December 2025 both parties signed a form in compliance with r 169 of the Rules consenting to the matter being referred to arbitration.[11]

• [19] I am therefore satisfied that the parties have complied with r 169 of the IR Rules.

• [20] In relation to the second issue, as noted above, prior to the first conference being conducted by the Commission on 30 October 2025, Applicant and the Respondent had participated in thirteen bargaining meetings.

• [21] The parties have subsequently participated in five conferences in the Commission. I consider that both of the parties have been bargaining in good faith.

• [22] In addition to the conferences convened by the Commission, that parties have participated in further negotiations outside of the conference process.

• [23] I am therefore satisfied that each of the parties have tried to negotiate with the other party.

• [24] In relation to the third issue, in the log of claims provided by both parties prior to the first conference in the Commission there were collectively approximately 25 issues remaining in dispute. I am satisfied that the parties had been able to reach agreement on a significant amount of the matters to be included in the new Certified Agreement.

• [25] Chief Superintendent Wilson deposes that during the negotiation meetings and conciliation conferences, the parties have engaged in concerted efforts to try and reduce the scope of matters at issue between the parties.[12] He further notes that despite regular negotiation meetings, the assistance of the Commission in conciliation conferences and the protected industrial action, there remain issues in dispute between the parties.[13]

• [26] As a result of conciliation and appropriate co-operative negotiation, the issues in dispute have now been reduced to seven issues. Chief Superintendent Wilson confirms in his affidavit that the parties have attempted to narrow matters to be arbitrated to the extent possible and have come to agreement on the list of matters to be referred to arbitration.[14] The list of matters is exhibited to his affidavit as exhibit `AW-3'.

• [27] I consider that exhibit `AW-3' accurately sets out the remaining issues in dispute, and identifies the issues that the parties have agreed to be referred for arbitration in compliance with s 178(2)(b) of the IR Act.

• [28] I am, as a consequence, satisfied that both parties have via their negotiations and the conciliation process tried to reduce the scope of issues in dispute between the parties.

• [29] Chief Superintendent Wilson finally confirms that in relation to the remaining matters in dispute, given the nature of those disputes, that it is unlikely that further negotiations or conciliation will assist the parties in reaching a new certified agreement. He deposes that the parties have formed the view that a consent application for arbitration is in their collective best interests and would be more likely to result in a replacement industrial instruments for the employees.[15]

• [30] In relation to the remaining issues in dispute, I am satisfied that further conciliation and/or negotiations are unlikely to bring about a resolution of any of the remaining disputes. As a consequence, it is appropriate that the remaining issues in dispute be referred for arbitration.

• [31] Rule 98 of the IR Rules provides an express power to join proceedings:

(2) The court or commission may order 2 or more proceedings to be joined if it considers -

(a) substantially the same question is involved in the proceedings; or

(b) the decision in 1 proceeding is likely to determine or seriously impact on the other proceedings; or

(c) it is otherwise appropriate or desirable.

(3) When joining proceedings, it is not necessary -

(a) for a written order joining the proceedings to be made; or

(b) for the parties to consent. ...

• [32] Section 451(1) of the IR Act provides that this Commission has power to do all things necessary or convenient to be done for the performance of its functions.

• [33] Section 452(1)(a) of the IR Act confirms that the Commission may exercise its powers on its own initiative.

• [34] In my view it is convenient for this application filed under CB/2025/154 to be joined and consolidated with the original request for assistance in bargaining filed under CB/2025/117.

• [35] Given the nature of the two matters, I am satisfied that the Applicant and the Respondent will not suffer any prejudice from the two matters being joined.

• [36] For the reasons set out above I order accordingly.

1. Pursuant to Rule 98 of the Industrial Relations (Tribunal) Rules 2011, matter number CB/2025/117 and matter number CB/2025/154 be joined.

1. The joined matters are referred for arbitration pursuant to section 178 of the Industrial Relations Act 2016 (Qld).

[1] Affidavit of Andrew William Wilson filed on 12 December 2025, [4].

[5] Affidavit of Andrew Wilson (n 1), [8].

[9] Form 2 General Application filed on 12 December 2025.

[10] Affidavit of Andrew Wilson (n 1), [14].

[11] Ibid: Exhibit `AW-2' - Consent to Arbitration signed on 12 December 2025.

[13] Affidavit of Andrew Wilson (n 1), [12].