In the making of the Bulloo Shire Council Operational Employees Certified Agreement 2018

[2018] QIRC 65

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Bulloo Shire Council Operational Employees Certified Agreement 2018 [2018] QIRC 065

PARTIES:  
`

Bulloo Shire Council

and

The Australian Workers' Union of Employees, Queensland

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

CASE NO:

CB/2018/51

PROCEEDING:

Certification of an agreement

DELIVERED ON:

24 May 2018

HEARING DATE: 

24 May 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Bulloo Shire Council Operational Employees Certified Agreement 2018 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:

Mr B Watson for The Australian Workers' Union of Employees, Queensland

Ms N Todd of Peak Services, for the Bulloo Shire Council

Reasons for Decision

1. The Bulloo Shire Council has made an application to certify an agreement pursuant to section 189 of the Industrial Relations Act 2016. 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 Bulloo Shire Council and the following employee organisations:

   ·The Australian Workers' Union of Employees, Queensland

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

1. The agreement is to apply to Bulloo Shire Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.

2. In proceedings on 24 May 2018 the Commission as presently constituted certified the agreement.   

3. I note that the agreement is signed by all of the listed parties.[1] 

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

4. In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that 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.[4]

[2] Ibid s 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 24 May 2018.[5] The nominal expiry date of the agreement is 30 June 2021, however, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [5] Ibid s 216(a).

2. The application to certify the Bulloo Shire Council Operational Employees Certified Agreement 2018 is granted.  

1. I make the following order:

   1.The Bulloo Shire Council Operational Employees Certified Agreement 2018 is certified.