Application to amend QBuild Office Staff Certified Agreement 2019

[2022] QIRC 467

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Application to amend QBuild Office Staff Certified Agreement 2019 [2022] QIRC 467

PARTIES:

State of Queensland (Department of Energy and Public Works) 
(Applicant)

v

Together Queensland, Industrial Union of Employees
(First Respondent)

and

The Association of Professional Engineers, Scientists and Managers Australia, Queensland Branch, Union of Employees
(Second Respondent)

CASE NO:

CB/2022/128

PROCEEDING:

Application to amend bargaining instrument

DELIVERED ON:

1 December 2022

MEMBER:

HEARD AT:

Pidgeon IC

On the papers

ORDER:

The QBuild Office Staff Certified Agreement 2019 is certified as amended and will operate on and from 1 December 2022.  

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for amendment of an agreement – Requirements for amendment – Agreement amended 

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 193, 195, 196, 197, 198, 199, 200, 204, 205, 206, 207, 208, 209, 223, 225, 227, 228

Reasons for Decision

1. The State of Queensland (Department of Energy and Public Works) has made an application to amend the QBuild Office Staff Certified Agreement 2019 ('the agreement') pursuant to ss 223 and 225 of the Industrial Relations Act 2016 (Qld) ('the IR Act').

2. The agreement was certified by Industrial Commissioner Hartigan on 4 September 2020.

1. On 16 November 2022, the Applicant filed a Form 49 - Application to amend bargaining instrument. The amended agreement has been signed by all parties to the agreement and the agreement was approved by a valid majority of relevant employees in a properly conducted ballot.[1]

   [1] Industrial Relations Act 2016 (Qld) s 196(1); Affidavit of Paul Martyn sworn 1 November 2022.

1. In certifying the agreement, the Commission considers two affidavits of Mr Paul Martyn, Director-General of the Department of Energy and Public Works, both sworn on 1 November 2022. The Commission determines that:[2]

   ·Each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3]  and

   ·there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[4]

   [2] Industrial Relations Act 2016 (Qld) ss 193(1)(a)-(b).

   [3] Ibid s 196(1) ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

   [4] Ibid ss 204, 205, 206, 207, 208, 209.

1. The amended agreement operates from the day it was certified, namely 1 December 2022.[5] Although the nominal expiry date of the agreement is 31 August 2023, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [5] Ibid s 216(a).

1. The application to amend the QBuild Office Staff Certified Agreement 2019 is granted.

2. I make the following order:

The QBuild Office Staff Certified Agreement 2019 is certified as amended and will operate on and from 1 December 2022.