In the making of the City Parklands Certified Agreement 2017

[2017] QIRC 46

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the City Parklands Certified Agreement 2017 [2017] QIRC 046

PARTIES:  

City Parklands Services Pty Ltd
ABN 72 068 043 318

and

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

and

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

and

Queensland Services, Industrial Union of Employees

and

The Australian Workers' Union of Employees, Queensland

and

The Electrical Trades Union of Employees Queensland

and

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2017/10

PROCEEDING:

Certification of an Agreement

DELIVERED ON:

26 May 2017

HEARING DATE: 

19 May 2017

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

The Application to certify the City Parklands Certified Agreement 2017 is granted.  

CATCHWORDS:

Industrial Law – Application for Certification of an Agreement – Requirements for Certification.

CASES:

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 P. Madden for City Parklands Services.

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

Ms N. Sivakumar for The Australian Workers' Union of Employees, Queensland

Mr D. Peverill for United Voice, Industrial Union of Employees, Queensland

Decision

1. An Application to the Commission to certify an Agreement, pursuant to s 189 of the Industrial Relations Act 2016 (the Act), has been made City Parklands Services Pty Ltd ABN 72 068 043 318 (City Parklands). The Agreement is to apply to employees of City Parklands whose rates of pay are fixed by the Agreement and who are engaged in the classifications listed in Schedule 1 of the Agreement. The Application has been made within 21 days of the date on which the Agreement was made (see s 189(3) of
   the Act).

2. The Agreement is between City Parklands and the undermentioned employee organisations:

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

   ·Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;

   ·Queensland Services, Industrial Union of Employees;

   ·The Australian Workers' Union of Employees, Queensland;

   ·The Electrical Trades Union of Employees Queensland; and

   ·United Voice, Industrial Union of Employees, Queensland,

and has been signed by, or for all of, the parties.

1. In proceedings on Friday 19 May 2017 the Commission as presently constituted certified the Agreement subject to the parties addressing a number of typographical and other wordsmithing changes – none of which affected the meaning and/or content of the Agreement.  These matters have now been settled.   

2. In certifying the Agreement, the Commission recorded (see s 193(1)(a) and (b) of
   the Act):

·each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act is satisfied for the Application (see ss 195, 196, 197, 198, 199, 200(1)(b) and 201(b)); and

·there is 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 (see ss 204, 205, 206, 207, 208 and 209).

1. The Commission also noted that the wage increases recorded at clause 21 of the Agreement will be applied administratively by City Parklands from 1 January 2016. 

1. In accordance with s 216(a) of the Act the Agreement starts operating on the day it is certified, viz 19 May 2017.  Although the nominal expiry date of the Agreement is
   31 December 2019, the Agreement will continue to operate until it is terminated under
   s 227 or s 228 of the Act.

1. The Application to certify the City Parklands Services Certified Agreement 2017
   is granted.