In the certification of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4)

[2021] QIRC 4

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the certification of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) [2021] QIRC 004

PARTIES:

Sunshine Coast Council

AND

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/90

PROCEEDING:

Certification of Agreement

DELIVERED ON:

5 January 2021

HEARING DATE:

5 January 2021

HEARD AT:

Brisbane

MEMBER:

POWER IC

ORDER:

The Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) is certified.

CATCHWORDS:

INDUSTRIAL     LAW     –      COLLECTIVE

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

LEGISLATION:

Industrial Relations Act 2016 (Qld)

Reasons for Decision

1. On 16 December 2020, the Sunshine Coast Council ("the Applicant"), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ("the Act"), made an application to certify the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) ("the Agreement").

1. The named parties to the Agreement are:

·Sunshine Coast Council;

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

·Queensland Services, Industrial Union of Employees.

1. The Agreement applies to the Sunshine Coast Council and all its employees under clause 5 of the Agreement, except for the CEO and other 2nd and 3rd organisation structure tier Senior Officer positions as defined by Division 2, Section 1, clause 4.2 of the Queensland Local Government Industry (Stream A) Award – State 2017.

2. The application is accompanied by a copy of the Agreement signed by the following:

   ·Sunshine Coast Council;

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

   ·Queensland Services, Industrial Union of Employees.

3. An affidavit was filed on 16 December 2020 by Ms Emma Thomas, Chief Executive Officer of Sunshine Coast Council.

1. 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.

1. The application to certify the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) is granted.

1. The Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4)  operates from the day it is certified, namely 5 January 2021.

2. Although the nominal expiry date of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) is 30 June 2023, it continues to operate until it is terminated under s 227 or s 228 of the Act.

3. I make the following order:

The Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) is certified.