In the making of the Cloncurry Shire Council Certified Agreement 2019

[2020] QIRC 183

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:     

In the making of the Cloncurry Shire Council Certified Agreement 2019 [2020] QIRC 183

PARTIES:       

Cloncurry Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/77

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

21 October 2020

HEARING DATE: 

21 October 2020

HEARD AT:

On the papers

MEMBER:

Industrial Commissioner Dwyer

ORDER:

1.     The Cloncurry Shire Council Certified Agreement 2019 is certified.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016

Industrial Relations (Tribunals) Rules 2011

Reasons for Decision

1. On 29 September 2020, the Chief Executive Officer of the Cloncurry Shire Council pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Cloncurry Shire Council Certified Agreement 2019 ('the Agreement').

2. The Agreement names the parties as being the Cloncurry Shire Council and the following employee organisations:

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

·     Queensland Services, Industrial Union of Employees

1. Clause 1.2 of the Agreement states it is binding on:

   ·The Cloncurry Shire Council;

   ·Its employees subject to the Agreement; and

   ·The employee organisations named above at [2].

1. Having regard to the affidavit of David Jacobus Bezuidenhout which was filed 29 September 2020:

   ·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.

1. The application to certify the Cloncurry Shire Council Certified Agreement 2019 is granted.

2. The Cloncurry Shire Council Certified Agreement 2019 operates from the day it is certified, namely 21 October 2020.

3. Although the nominal expiry date of the Cloncurry Shire Council Certified Agreement 2019 is 30 June 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

   1.The Cloncurry Shire Council Certified Agreement 2019 is certified.