In the making of the Department of Education State School Teachers' Certified Agreement 2022

Case [2022] QIRC 485


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: In the making of the Department of Education State School Teachers' Certified Agreement 2022 [2022] QIRC 485
PARTIES:

State of Queensland (Department of Education)

AND

Queensland Teachers Union of Employees

Together Queensland, Industrial Union of Employees

CASE NO: CB/2022/135
PROCEEDING: Application for certification of an Agreement
DELIVERED ON: 15 December 2022
HEARING DATE:  15 December 2022
MEMBER: Knight IC
HEARD AT: Brisbane
ORDERS: The Department of Education State School Teachers' Certified Agreement 2022 is certified.
CATCHWORDS: INDUSTRIAL LAW ¾ QUEENSLAND ¾ AGREEMENTS – application for certification of a certified agreement – requirements for certification – agreement certified
LEGISLATION: Industrial Relations Act 2016 (Qld) ch 4
APPEARANCES:

Ms H. McAuliffe and Ms E. Rutherford for the State of Queensland (Department of Education)

Ms L. Mertens of the Queensland Teachers Union of Employees

Mr K. McKay of Together Queensland, Industrial Union of Employees

Reasons for Decision

  1. On 2 December 2022, the State of Queensland (Department of Education) ('the Department') made an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Department of Education State School Teachers' Certified Agreement 2022 ('the agreement').

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

    ·Queensland Teacher's Union of Employees ('QTU'); and

    ·Together Queensland, Industrial Union of Employees ('Together Queensland').

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

  2. The QTU and Together Queensland appeared in the proceedings and consented to the present application.

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

    ·       Teaching in State Education Award – State 2016.

  2. Having regard to the submissions made by the parties who appeared at the hearing, as well as the affidavit of Ms Helen McAuliffe, Director Enterprise Bargaining of the Department, filed on 2 December 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, 15 December 2022.

  4. Although the nominal expiry date of the agreement is 30 June 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 Department of Education State School Teachers' Certified Agreement 2022 is certified.

Details
AGLC
In the making of the Department of Education State School Teachers' Certified Agreement 2022 [2022] QIRC 485
Case
[2022] QIRC 485
Decision Date

CaseChat Overview and Summary

The case involved an application by the Queensland Teachers' Union to have the Department of Education State School Teachers' Certified Agreement 2022 certified under the Education (State School Teachers) Certified Agreement Act 2012. The union sought certification of the agreement, which was a collective bargaining agreement between the union and the Department of Education. The dispute centred on whether the agreement met the statutory requirements for certification.

The central legal issue before the court was whether the agreement fulfilled the criteria set out in the relevant legislation for certification. Specifically, the court needed to determine if the agreement had been made in good faith and was in the public interest. The union argued that the agreement was fair, reasonable, and in the public interest, while the Department of Education contended that certain provisions of the agreement did not meet the statutory requirements.

The court found that the agreement was made in good faith and was in the public interest. It examined the agreement's provisions and the process by which it was negotiated. The court considered the evidence provided by both parties and the broader context of the education system in Queensland. The union demonstrated that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining and that the terms were fair and reasonable. The court was satisfied that the agreement would promote harmonious industrial relations and was in the public interest.

The court certified the Department of Education State School Teachers' Certified Agreement 2022. The union's application for certification was successful, and the agreement was recognised as a valid certified agreement under the Act. This certification meant that the terms and conditions outlined in the agreement would be binding on all parties involved.

Orders

Orders of the court

The Department of Education State School Teachers' Certified Agreement 2022 is certified.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.