In the making of the Banana Shire Council Certified Agreement 2024
[2025] QIRC 195
•30 July 2025
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Banana Shire Council Certified Agreement 2024 [2025] QIRC 195 |
| PARTIES: | Banana Shire Council AND Queensland Services, Industrial Union of Employees The Australian Workers’ Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees Transport Workers’ Union of Australia, Union of Employees (Queensland Branch) The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees |
| CASE NO: | CB/2025/31 |
| PROCEEDING: | Application for certification of an agreement |
| DELIVERED ON: | 30 July 2025 |
| HEARING DATE: | 29 July 2025 |
| MEMBER: | Gazenbeek IC |
| HEARD AT: | Brisbane |
| ORDER: | The Banana Shire Council Certified Agreement 2024 is certified |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) ss 171, 189, 191, 193, 216, 227, 228 |
| APPEARANCES: | A. Farmer (of LGAQ) and A. Nichols for Banana Shire Council D. Skelton for Queensland Services, Industrial Union of Employees T. Stephens for The Australian Workers’ Union of Employees, Queensland D. Lorraway for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland E. Eaves for Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland C. McJannett for Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees |
Reasons for Decision
On 14 May 2025, the Banana Shire Council ('the Council') applied, pursuant to s 189(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to certify the Banana Shire Council Certified Agreement 2024 ('the agreement').
The named parties to the agreement are the Council and the following employee organisations (‘the employee organisations’):
(a)Queensland Services, Industrial Union of Employees (‘QSU’);
(b)The Australian Workers’ Union of Employees, Queensland (‘AWU’);
(c)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (‘AMEPKU’);
(d)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland (‘CFMEU’);
(e)Plumbers & Gasfitters Employees’ Union of Queensland, Union of Employees (‘PGEU’);
(f)Transport Workers’ Union of Australia, Union of Employees (Queensland Branch) (‘TWU’); and
(g)The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees (‘APESMA’).
While a party to the (now terminated) Banana Shire Council Certified Agreement 2021, the Queensland Nurses and Midwives’ Union of Employees is not a bargaining representative for the agreement, as confirmed in correspondence to the Industrial Registry of both 15 July 2025 and 30 July 2025.[1]
[1] Email of Ms C. Trevascus (Industrial Officer) to the Industrial Registry, dated 15 July 2025; Email of Ms C. Trevascus (Industrial Officer) to the Industrial Registry, dated 30 July 2025. In correspondence of 30 July 2025, the Council confirmed that it had no objections to the QNMU not being a party to the agreement.
The agreement applies to the Council, the employee organisations, and all Council employees (except where specifically excluded) covered by the following awards:
·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.
The hearing of this application was originally listed before the Commission on
29 May 2025. However, this listing was vacated at the request of the Council,[2] upon their realisation that relevant employees had not been afforded access to the proposed bargaining instrument for the required period of 14 days before being asked to approve the proposed instrument.[3]
[2] Email of Ms A. Farmer (Workforce Advisor, LGAQ) to the Industrial Registry, dated 26 May 2025.
[3] Industrial Relations Act 2016 (Qld) s 171(2).
On 2 July 2025, the Council requested that the matter be relisted for hearing.[4] The Council also filed an updated affidavit of Mr Thomas Upton, Chief Executive Officer, in further support of the certification application.[5] Mr Upton relevantly deposed that:[6]
[4] Email of Ms A. Farmer (Workforce Advisor, LGAQ) to the Industrial Registry, dated 2 July 2025.
[5] Affidavit of Mr T. Upton (Chief Executive Officer), filed 8 July 2025.
[6] Ibid, [13]-[15].
13. … It is noted that there were two separate voting periods for the proposed agreement and even though the initial voting ballot outcome was successful, it was identified after the vote was complete that Council had not adhered to section 171 of the Act and did not provide employees a clear 14 days to consider the replacement agreement. Following this legislative requirement not being met, Council commenced the process again ensuring a 14 clear day period was given to all relevant employees. Subsequently a re-ballot was taken.
…
15. The steps taken to ensure compliance with section 171 of the Act were:
·On Tuesday 27th May 2025- Hardcopy of proposed agreement provided to employees who are under the agreement.
·Advice provided on 11 June 2025 that an employee ballot would be held between 17 to 19 June 2025 and that prior to this they should ensure that they had read and understood the document and that any questions or concerns should be brought to the attention of either their Union Delegates, the CEO or Human Resources Manager.
·Vero Voting directly contacted the relevant employees on Monday 16 June 2025, to advise of the voting information, on Tuesday 17th June morning that the vote was open and on Thursday 19th June 2025 afternoon of a reminder to vote.
·Between 8:00am Tuesday 17th June 2025 and 5:00pm Thursday 19th June 2025 – Employees made confidential votes via Vero Voting.
·All employees were encouraged to make contact with Vero Voting if they had any concerns.
·Employees had the option to vote via SMS or online through Vero Voting.
·On Thursday 19th June 2025 – Vero Voting provided a Declaration of results.
·Employees were asked to vote "YES" or "NO" to the fol1owing statement:
Dear Employee of Banana Shire Council,
You are invited to vote on the Banana Shire Council Certified Agreement 2024. Vero Voting is an independent voting service and has been appointed by Banana Shire Council to manage the Enterprise Agreement vote.
·Vero Voting SMS Voting. Do you vote in favour of the Banana Shire Council Certified Agreement 2024? Reply YES or NO
·218 out of 327 staff voted
·203 out of 218 voted "YES" to the statement above.
·15 out of 218 voted "NO" to the statement above …
In light of this correspondence, the hearing of this application was relisted for
29 July 2025, with more than seven days’ notice of this date provided by the Industrial Registry.[7]
[7] Industrial Relations Act 2016 (Qld) s 191.
At the hearing on 29 July 2025, the Council, QSU, AWU, AMEPKU, CFMEU and PGEU each confirmed their support of the application to certify the agreement.
The TWU[8] and APESMA[9] each sought leave to be excused from attending the hearing prior to its commencement, on the basis that they supported, and consented to, the application for certification.
[8] Letter of Mr R. Olsen (Branch Secretary) to the Industrial Registry, dated 11 July 2025.
[9] Email of Ms M. Heidari (Organiser) to the Industrial Registry, dated 13 July 2025.
I am satisfied that all parties have agreed on the terms of the agreement, and the agreement was approved by a valid majority of the relevant employees in a properly conducted ballot.[10]
[10] Industrial Relations Act 2016 (Qld) s 189(2).
Having regard to the submissions made by the parties who appeared at the hearing of
29 July 2025, and to the materials filed, I am satisfied that:[11]
(a)each of the relevant requirements in ch 4 pt 5 div 2 sub-div 2 of the Act have been satisfied; and
(b)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.
[11] Ibid s 193.
Accordingly, the application to certify the Banana Shire Council Certified Agreement 2024 is granted.
The agreement operates from the date it is certified,[12] namely 30 July 2025. While the agreement has a nominal expiry date of 30 June 2027, the agreement will continue to operate until it is terminated under section 227 or 228 of the Act.[13]
[12] Ibid s 216(1).
[13] Ibid s 216(2).
I order accordingly:
The Banana Shire Council Certified Agreement 2024 is certified.
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