In the making of the Bulloo Shire Council Operational Employees Certified Agreement 2021

[2022] QIRC 83

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Bulloo Shire Council Operational Employees Certified Agreement 2021 [2022] QIRC 083

PARTIES:

Bulloo Shire Council

AND

Construction, Forestry, Mining and Energy, Industrial Union of Employees (CFMEU) Queensland & Northern Territory Branch

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2022/22

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

14 March 2022

HEARING DATE: 

14 March 2022

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The Bulloo Shire Council Operational Employees Certified Agreement 2021 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for certification of a certified agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld) ch 4

APPEARANCES:

Ms S Mitanis of MBA Lawyers for the Bulloo Shire Council

Mr P Dunbar of the Construction, Forestry, Mining and Energy, Industrial Union of Employees (CFMEU) Queensland & Northern Territory Branch
Mr G Taylor of the Australian Workers' Union

Reasons for Decision

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

2. The named parties to the agreement are the Council and the following employee organisations:

   ·The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland ('CFMEUQ'); and

   ·The Australian Workers' Union of Employees, Queensland ('AWU').

1. The agreement is signed by all the above-mentioned parties.

2. The CFMEUQ and AWU appeared today and consented to the present application.

1. The agreement applies to all employees of the Council who are covered by the following awards:

   (a)Queensland Local Government Industry (Stream B) Award – State 2017;

   (b)Queensland Local Government Industry (Stream C) Award – State 2017; and

   (c)Training Wage Award – State 2012.

2. Having regard to the submissions made by the parties who appeared at the hearing today, as well as the affidavit of Mr Amer Tawfik, Chief Executive Officer of the Council, filed on 24 February 2022:

   ·I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the IR Act; and

   ·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 IR Act.

3. The application to certify the agreement is granted. The agreement operates from the day it is certified, being today's date, 14 March 2022.

4. Although the nominal expiry date of the agreement is 14 March 2025 it continues to operate until it is terminated under either s 227 or s 228 of the IR Act.

5. I make the following order:

   The Bulloo Shire Council Operational Employees Certified Agreement 2021 is certified