In the making of the Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023

[2024] QIRC 155

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 [2024] QIRC 155

PARTIES:

State of Queensland (Queensland Health)

AND

Together Queensland, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

CASE NO.:

CB/2024/39

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

21 June 2024

HEARING DATE: 

21 June 2024

HEARD AT:

Brisbane

MEMBER:

Merrell DP

ORDER:

The Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for certification of an agreement – requirements for certification – agreement certified

LEGISLATION:

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

APPEARANCES:

Ms E. Culleton and Ms J. Gardner for the State of Queensland (Queensland Health).

Mr J. Douglas for Together Queensland, Industrial Union of Employees.

Ms C. Taylor for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

1. On 10 June 2024, the State of Queensland (Queensland Health) ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 ('the agreement').

1. The named parties to the agreement are the Applicant and the following employee organisations:

·Together Queensland, Industrial Union of Employees; and

·The Australian Workers' Union of Employees, Queensland.

1. The agreement is signed by all the above-mentioned parties.

2. The agreement applies to the Applicant and all its employees, except the Chief Executive Officer and any other Senior Officers or existing contracted positions, where the parties have entered into a contract of employment which provides that the agreement (or any predecessor) does not apply.

3. Having regard to the submissions made by the parties who appeared today and to the two affidavits of Ms Alarna Lane-Mullins, Chief Human Resources Officer of the Applicant, filed on 10 June 2024:

   ·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.

4. The application to certify the Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 is granted.

1. The Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 will operate from the day it is certified, namely, 21 June 2024.

1. Although the nominal expiry date of the Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 is 31 August 2025, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

   The Aboriginal and Torres Strait Islander Health Workforce (Queensland Health) Certified Agreement (No. 2) 2023 is certified.