In the making of McKinlay Shire Council Certified Agreement 2022-2024

[2022] QIRC 194

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of McKinlay Shire Council Certified Agreement 2022-2024 [2022] QIRC 194

PARTIES:

McKinlay Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland

CASE NO:

CB/2022/41

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

3 June 2022

HEARING DATE: 

3 June 2022

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The McKinlay Shire Council Certified Agreement 2022-2024 is certified.

CATCHWORDS:

INDUSTRIAL LAW - COLLECTIVE BARGAINING - application for certification of Agreement - requirements for certification - Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Ms M Martin of LGAQ for McKinlay Shire Council

Mr D Marr for the Australian Workers' Union of Employees, Queensland

Ms J Wiggan for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 10 May 2022, the McKinlay Shire Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the McKinlay Shire Council Certified Agreement 2022-2024 ('the Agreement').

2. The named parties to the Agreement are set out at Clause 1.3. In addition to the Applicant, the following employee organisations are listed as parties to the Agreement:

   ·The Australian Workers' Union of Employees, Queensland;

   ·Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland; and

·Queensland Services, Industrial Union of Employees.

1. The terms of the Agreement have been consented to by all the above-mentioned parties. Consequently, I am satisfied that upon certification, pursuant to s 189(2) of the Act, the Agreement will cover all parties.

2. The Agreement applies to the Council and all its employees in conjunction with:

·Queensland Local Government Industry (Stream A) Award – State 2017;

·Queensland Local Government Industry (Stream B) Award – State 2017; and

·Queensland Local Government Industry (Stream C) Award – State 2017.

1. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 3 June 2022, and the affidavit of Mr Trevor Williams, Chief Executive Officer of McKinlay Shire Council filed on 10 May 2022, I am satisfied that:

·each relevant requirement in Ch 4, Pt 5, Sub-Div.2 of the Act has been satisfied; and

·there is nothing in the Agreement which would require the Commission to refuse to grant the application pursuant to Ch 4, Pt 5, Sub-Div.3 of the Act.

1. Accordingly, the application to certify the McKinlay Shire Council Certified Agreement 2022-2024 is granted.

2. The McKinlay Shire Council Certified Agreement 2022-2024 operates from the date it was certified, namely 3 June 2022.

1. Although the nominal expiry date of the McKinlay Shire Council Certified Agreement 2022-2024 is two years after the date of certification, the Agreement will continue to operate until it is terminated under s 227 or 228 of the Act.

1. I make the following order:

1.The McKinlay Shire Council Certified Agreement 2022-2024 is certified.