In the certification of the Bundaberg Regional Council Certified Agreement 2025
[2025] QIRC 205
•5 August 2025
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the certification of the Bundaberg Regional Council Certified Agreement 2025 [2025] QIRC 205 |
PARTIES: | Bundaberg Regional Council v The Australian Workers' Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Plumbers & Gasfitters Employees' Union Queensland, Union of Employees The Electrical Trades Union of Employees Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Queensland Services, Industrial Union of Employees The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees |
CASE NO: | CB/2025/52 |
PROCEEDING: | Application to certify an agreement |
DELIVERED ON: | 5 August 2025 |
HEARING DATE: | 5 August 2025 |
MEMBER: HEARD AT: | Pratt IC Brisbane |
ORDER: | 1. The Bundaberg Regional Council Certified Agreement 2025 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND COLLECTIVE BARGAINING INSTRUMENTS – application for certification of an agreement – requirements for certification – agreement certified. |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) s 189, s 227, s 228, ch 4, pt 5, div 2, sub-divs 2 and 3. |
| APPEARANCES: | Ms A Farmer of the Local Government Association of Queensland appearing on behalf of Bundaberg Regional Council Ms C Taylor appearing on behalf of The Australian Workers' Union of Employees Ms C Sait appearing on behalf of the Queensland Services, Industrial Union of Employees Mr E Dalgleish appearing on behalf of the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Excusals received from The Electrical Trades Union of Employees Queensland, the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees, and The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees |
Reasons for Decision
On 10 July 2025, Bundaberg Regional Council ('the Applicant') made an application to certify the Bundaberg Regional Council Certified Agreement 2025 ('the Agreement') pursuant to section 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act').
The named parties to the Agreement are the Applicant and the following employee organisations ('the Employee Organisations'):
(a)The Australian Workers' Union of Employees, Queensland;
(b)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
(c)Plumbers & Gasfitters Employees' Union Queensland, Union of Employees ('PGEU');
(d)The Electrical Trades Union of Employees Queensland;
(e)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
(f)Queensland Services, Industrial Union of Employees ('QSU'); and
(g)The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
The Agreement is signed by all the above-mentioned parties, but the names of the Secretary of the QSU and the Acting State Secretary of PGEU are missing. However, at the hearing of the matter, Ms Charlotte Sait, who was representing the QSU, confirmed that the name of signatory in the Agreement for the QSU was Mr Neil Henderson. Following the hearing, the Commission requested by email that Mr Chris McJannett, who is the Regional Organiser for the PGEU and who sent to the Commission the PGEU's letter requesting excusal from appearing at the hearing of the matter, provide the Commission with the name of the Acting State Secretary of the PGEU who signed the Agreement. Mr McJannett confirmed that the Acting State Secretary in question is Mr Justin Maxwell. The version of the Agreement that will be put online following the release of this decision will be changed to insert the names of those signatories into the relevant signature blocks.
The Agreement shall apply to:
(a)all of the Applicant's employees covered by the:
(i)Queensland Local Government Industry (Stream A) Award – State 2017;
(ii)Queensland Local Government Industry (Stream B) Award – State 2017;
(iii)Queensland Local Government Industry (Stream C) Award – State 2017; and
(iv)Training Wage Award – State 2012.
(b)the Employee Organisations mentioned above.
This Agreement shall not apply to Senior Officers as provided for in Division 2 – Section 1, clause 4.2 of the Queensland Local Government Industry (Stream A) Award – State 2017.
Having regard to the submissions made by the parties who appeared today, the correspondence received from the excused union parties in support of the application,[1] and to the affidavit of Mr Rob Williams, the Chief Executive Officer of the Applicant, filed on 10 July 2025, I am satisfied that:
·each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the IR Act has been met; and
·there is nothing in the Agreement which would require me to refuse to grant the application pursuant to ch 4, pt 5, div 2, sub-div 3 of the IR Act.
[1] The employee organisations who were excused were:
·The Electrical Trades Union of Employees Queensland;
·the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
·the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; and
·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.
As was raised at the hearing, I also note that at clause 3.2 of the Landfill Agreement on page 40 of the version of the Agreement and on page 42 of the Word version of the Agreement erroneously says 760 hours rather than 76 hours. The Word version of the Agreement has been amended to say 76 hours. I note the discrepancy in the page numbers is due to two formatting errors in the Word version of the Agreement on page 4 and page 20 of the Agreement that have the effect of leaving a mostly blank page where there would otherwise be text, thereby extending the length of the document.
The application to certify the Agreement is granted.
The Agreement operates from the day it is certified, namely, 5 August 2025.
Although the nominal expiry date of the Agreement is 13 January 2028, the Agreement continues to operate until it is terminated pursuant to s 227 or s 228 of the IR Act.
I make the following order:
Order
1.The Bundaberg Regional Council Certified Agreement 2025 is certified.
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