In the making of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024

[2022] QIRC 48

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 [2022] QIRC 48

PARTIES:

Blackall-Tambo Regional Council

and

The Australian Workers' Union of Employees, Queensland

Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/11

PROCEEDING:

Certification of an agreement

DELIVERED ON:

22 February 2022

HEARING DATE: 

22 February 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 is certified.

CATCHWORDS:

INDUSTRIAL LAW - application for certification of an agreement - requirements for certification - agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227, s 228

APPEARANCES:

Ms M Martin for the Council

Mr J Maguire for TSU
Mr P Dunbar for CFMEU
Mr D Marr for AWU

Reasons for Decision

1. Blackall-Tambo Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 (the Act). As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made. The agreement is between the Blackall-Tambo Regional Council and the following employee organisations:

   ·The Australian Workers' Union of Employees, Queensland

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

   ·Queensland Services, Industrial Union of Employees

2. The agreement has been signed by both parties to the agreement,[1] and the agreement was approved by a valid majority of relevant employees in a properly conducted ballot.[2]

   [1] Industrial Relations Act 2016, s 196(1).

   [2] Affidavit of Desmond Howard affirmed 3 February 2022.

1. The agreement replaces the pre-existing agreement, Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021.

1. In certifying the agreement, the Commission has regard to the submissions of the parties and two affidavits of Chief Executive Officer Desmond Howard affirmed 3 February 2022. The Commission determines that:[3]

   ·Each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[4] and

   ·there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[5]

   [3] Industrial Relations Act 2016, ss 193(1)(a)-(b).

   [4] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

   [5] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 22 February 2022.[6] Although the nominal expiry date of the agreement is 30 June 2024, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [6] Ibid s 216(a).

1. The application to certify the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 is granted.

1. I make the following order:

1.That the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 is certified.

I certify that the preceding [7] paragraphs are a true copy of the Reasons for Decision of Industrial Commissioner Pidgeon

S C PIDGEON IC      ………………………………
   (Signature)
Dated: 22 February 2022

NOTE: THIS CERTIFICATION IS TO BE REMOVED FROM THE DECISION BEFORE IT IS RELEASED TO THE PARTIES