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

[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.