In the making of the Bulloo Shire Council Officers Certified Agreement 2021

Case

[2022] QIRC 104

24 March 2022


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Bulloo Shire Council Officers Certified Agreement 2021 [2022] QIRC 104

PARTIES:

Bulloo Shire Council

AND

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/24

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

24 March 2022

HEARING DATE

24 March 2022

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

The Bulloo Shire Council Officers Certified Agreement 2021 is certified.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified 

LEGISALTION: 

Industrial Relations Act 2016 (Qld) ss 189, 227 and 228

APPEARANCES:

Ms S. Mitanis of MBA Lawyers for the Bulloo Shire Council

Ms S. Wilson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

  1. On 24 February 2022, the Bulloo Shire Council ('the Council') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Bullo Shire Council Officers Certified Agreement 2021 ('the agreement').

  2. The named parties to the agreement are the Council and the Queensland Services, Industrial Union of Employees.

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

  2. The agreement applies to the Council and all Council employees covered by the Queensland Local Government Industry (Stream A) Award – State 2017 ('Stream A Award'), except for employees that are employed under the classification of 'Senior Officer' as defined in the Stream A Award[1] and the Queensland Services, Industrial Union of Employees.

    [1]Queensland Local Government Industry (Stream A) Award – State 2017, Div. 2 Section 1, cl 4.2.

  3. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 24 March 2022, and the material filed,[2] I am satisfied that:

(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has been satisfied; and

(b)there is nothing in the agreement which would require the Commission to refuse to grant the application under Ch 4, Pt 5, Sub-Div.3 of the IR Act.

[2] Application for certification and affidavit of Mr Amer Tawfik each filed on 24 February 2022. 

  1. Accordingly, the application to certify the Bulloo Shire Council Officers Certified Agreement 2021 is granted.

  2. The Bulloo Shire Council Officers Certified Agreement 2021 operates from the date it was certified, namely 24 March 2022.

  1. Although the nominal expiry date of the Bulloo Shire Council Officers Certified Agreement 2021 is 24 March 2025, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.

  1. I make the following order:

The Bulloo Shire Council Officers Certified Agreement 2021 is certified.


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