In the certification of the CITEC Certified Agreement 2019

[2020] QIRC 166

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:In the certification of the CITEC Certified Agreement 2019 [2020] QIRC 166

PARTIES:State of Queensland (Department of Housing and Public Works)

v

Together Queensland, Industrial Union of Employees

and

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

CASE NO:

CB/2020/71

PROCEEDING:

Certification of Agreement

DELIVERED ON:

11 September 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

MEMBER:

Pidgeon IC

ORDER:

The CITEC Certified Agreement 2019 is certified.

CATCHWORDS:

INDUSTRIAL     LAW     –      COLLECTIVE

BARGAINING – application for certification of an agreement – requirements for certification – agreement certified.

LEGISLATION:

Industrial Relations Act 2016

Reasons for Decision

[1]On 28 August 2020, the State of Queensland (Department of Housing and Public Works)("the Department"), pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"), made an application to certify the CITEC Certified Agreement 2019 ("the agreement").

[2]The named parties to the agreement are:

·The Director-General of the Department;

·Employees referred to in cl 1.3(a), excluding those referred to in cl 1.3(b);

·Together Queensland, Industrial Union of Employees;

·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

[3]The agreement applies to persons employed at CITEC, a business unit of the Department, and for whom their classifications and wage rates are prescribed herein.

[4]The application is accompanied by a copy of the agreement signed by the following:

·The Department;

·Together Queensland, Industrial Union of Employees; and

·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

[5]An affidavit was filed on 28 August 2020 by Ms Liza Carroll, Director-General of the Department.

[6]Having regard to the abovementioned affidavit:

·I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the Act; 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 Act.

[7]The application to certify the CITEC Certified Agreement 2019 is granted.

[8]The CITEC Certified Agreement 2019 operates from the day it is certified, namely 11 September 2020.

[9]Although the nominal expiry date of the CITEC Certified Agreement 2019 is 31 October 2023, it continues to operate until it is terminated under s 227 or s 228 of the Act.

[10]I make the following order:

The CITEC Certified Agreement 2019 is certified.