In the making of the Child Safety and Youth Justice Certified Agreement 2021

[2021] QIRC 183

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Child Safety and Youth Justice Certified Agreement 2021 [2021] QIRC 183

PARTIES:

State of Queensland (Department of Children, Youth Justice and Multicultural Affairs)

AND

Together Queensland, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2021/14

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

28 May 2021

HEARING DATE:

28 May 2021

MEMBER:

HEARD AT:

Knight IC

Brisbane

ORDERS:

The Child Safety and Youth Justice Certified Agreement 2021 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 ch 4, pt 5, div 2

APPEARANCES:

Ms C Toy of Crown Law for the State of Queensland (Department of Children, Youth Justice and Multicultural Affairs)

Mr M Thomas for Together Queensland, Industrial Union of Employees

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

Reasons for Decision

1. On 12 May 2021, the State of Queensland (Department of Children, Youth Justice and Multicultural Affairs) made an application pursuant to s 189 of the Industrial Relations Act 2016 ('the Act') to certify the Child Safety and Youth Justice Certified Agreement 2021 ('the agreement').

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

   ·Together Queensland, Industrial Union of Employees;

   ·The Australian Workers' Union of Employees, Queensland; and

   ·United Voice, Industrial Union of Employees, Queensland.

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

4. The agreement applies to all employees of the Department of Children, Youth Justice and Multicultural Affairs who are covered by the Queensland Public Service Officers and Other Employees Award – State 2015 and the General Employees (Queensland Government Departments) and Other Employees Award – State 2015, excluding those covered by the Youth Detention Centre Certified Agreement 2019.

5. Having regard to the submissions made by the parties who appeared at the hearing today, as well as the affidavit of Ms Deidre Mulkerin, Director-General of the Department, filed on 12 May 2021:

   ·I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the 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 Act.

6. The application to certify the agreement is granted.

7. The agreement operates from the day it is certified, being today's date, 28 May 2021.

8. Although the nominal expiry date of the agreement is 31 August 2023, it continues to operate until it is terminated under either s 227 or s 228 of the Act.

9. I make the following order:

   The Child Safety and Youth Justice Certified Agreement 2021 is certified.