In the making of the Goondiwindi Regional Council Certified Agreement 2019-2021 INDOOR

[2020] QIRC 7

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Goondiwindi Regional Council Certified Agreement 2019-2021 INDOOR [2020] QIRC 007

PARTIES:  

Goondiwindi Regional Council

and

The Queensland Services Industrial Union of Employees;

The Association of Professional Engineers, Scientists and Managers Australia and

United Voice, Industrial Union of Employees, Queensland.

CASE NO:

CB/2019/132

PROCEEDING:

Certification of an agreement

DELIVERED ON:

14 January 2020

HEARING DATE: 

14 January 2020

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.     The Goondiwindi Regional Council Certified Agreement 2019-2021 INDOOR is certified.

CATCHWORDS:

INDUSTRIAL LAW - application for certification of an agreement - requirements for certification - agreement certified

LEGISLATION:

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:

Ms K Roberts for the Goondiwindi Regional Council

Mr D Cutler for the Queensland Services Union

Reasons for Decision

1. The Goondiwindi Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 (the Act). As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made. The agreement is between the Goondiwindi Regional Council and the following employee organisations:

   ·The Queensland Services Industrial Union of Employees;

   ·The Association of Professional Engineers, Scientists and Managers Australia; and

   ·United Voice, Industrial Union of Employees, Queensland.

1. The agreement has been signed by all parties to the agreement,[1] and the agreement was approved by a valid majority of relevant employees in a properly conducted ballot.[2]

   [1] Industrial Relations Act 2016, s 196(1).

   [2] Affidavit of Carl Manton, affirmed 3 December 2019.

1. The agreement replaces the pre-existing agreement, Goondiwindi Regional Council Certified Agreement Number 1 - INDOOR 2012.

1. In certifying the agreement, the Commission has regard to the submissions of the parties and the affidavit of Carl Manton affirmed 3 December 2019. The Commission determines that:[3]

   ·        Each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[4] and

   ·        there was 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.[5]

   [3] Industrial Relations Act 2016, ss 193(1)(a)-(b).

   [4] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

   [5] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 14 January 2020.[6] Although the nominal expiry date of the agreement is 20 January 2023, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [6] Ibid s 216(a).

1. The application to certify the Goondiwindi Regional Council Certified Agreement 2019-2021 INDOOR is granted.

1. I make the following order:

1.That the Goondiwindi Regional Council Certified Agreement 2019-2021 INDOOR is certified.