In the making of the Boulia Shire Council Certified Agreement 2019

[2020] QIRC 40

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Boulia Shire Council Certified Agreement 2019 [2020] QIRC 040

PARTIES:

Boulia Shire Council (ABN: 20 492 088 398)
(Applicant)

v

The Australian Workers' Union of Employees, Queensland
(First Respondent)

and

Queensland Services, Industrial Union of Employees
(Second Respondent)

and

Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland  
(Third Respondent)

and

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland
(Fourth Respondent)

CASE NO:

CB/2020/7

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

11 March 2020

HEARING DATE: 

9 March 2020

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

1.     The Boulia Shire Council Certified Agreement 2019 is certified.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld), 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:

Mr K. Hunt for the Boulia Shire Council  

Ms M. Robertson for Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Boulia Shire Council ("Council") has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 ("the Act").

1. As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was signed.

2. The parties bound by this agreement are the Council, its Employees and the following unions:

   (a)The Australian Workers' Union of Employees, Queensland;

   (b)Queensland Services, Industrial Union of Employees;

   (c)Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland; and

   (d)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland.

1. The agreement has been signed for and by all parties to the agreement.[1]

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

2. On 11 March 2020, the Commission as presently constituted, certified the agreement.

1. In certifying the agreement, the Commission recognises that:[2]

(a)each relevant requirement pursuant to Subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and

(b)that there were no matters in the agreement which would require the Commission to refuse to grant the application pursuant to Subdivision 3 of Division 2 of Part 5 of the Act.[4]

[2] Ibid ss 193(1)(a)-(b).

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

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

1. The agreement operates from the day it was certified, namely 11 March 2020.[5] Although the nominal expiry date of the agreement is 30 June 2023, the agreement continues to operate until it is terminated pursuant to ss 227 or 228 of the Act.

[5] Ibid s 216(1).

1. The application to certify the Boulia Shire Council Certified Agreement 2019 is granted.

1. I make the following order:

1.       The Boulia Shire Council Certified Agreement 2019 is certified.