In the making of the Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR

[2023] QIRC 281

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR [2023] QIRC 281

PARTIES:

Goondiwindi Regional Council

AND

Queensland Services, Industrial Union of Employees

AND

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

AND

United Workers' Union, Industrial Union of Employees, Queensland

CASE NO:

CB/2023/98

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

27 September 2023

HEARING DATE: 

27 September 2023

MEMBER:

Pidgeon IC

HEARD AT:

Brisbane

ORDER:

The Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR is certified.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016 ss 189, 227, 228

APPEARANCES:

Ms K. Roberts, Goondiwindi Regional Council.

Mr D. Murphy, Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 6 September 2023, the Goondiwindi Regional Council (‘the Applicant’), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) (‘the Act’), made an application to certify the Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR (‘the agreement’).

1. 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.

1. The named parties to the agreement are the Applicant; Queensland Services, Industrial Union of Employees; The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and United Workers' Union, Industrial Union of Employees, Queensland.

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

2. The agreement is to apply to:

   ·all employees employed by Goondiwindi Regional Council who are covered by the Awards listed in clause 1.7.

   ·The Awards listed in clause 1.7 are the Queensland Local Government Industry (Stream A) Award – State 2017 and the Queensland Local Government Industry (Stream B) Award – State 2017 in respect of the employees referred to at 1.7.2.

   ·Clause 1.7.2 of the Agreement pertains to theatrical employees and says, ‘Schedule B of this Agreement provides for the rates of pay for employees working in the cinema’. Schedule B applies to employees employed under the Theatrical Service (Division 2 – Section 6 of Stream B). Those employees include: Senior Theatre Technicians, Projectionists, and Senior Ticket Sellers.

   ·This Agreement shall not apply to any employee appointed to the position of Senior Officer pursuant to a written contract of employment where that contract is pursuant to clause 4.2 of Division 2 – Section 1 of the Queensland Local Government Industry (Stream A) Award – State 2017.

1. Having regard to the submissions made by the parties who appeared today,[1] and to the affidavits of Mr Carl Manton, Chief Executive Officer, Goondiwindi Regional Council filed 6 September 2023, 7 September 2023, 8 September 2023 and 12 September 2023:

·I am satisfied of each relevant requirements in ch 4, pt 5, div 2, sub-div 2 of the Act and ch 5, pt 2, div 2; 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] I excused from appearing the following unions who wrote to the Industrial Registry to advise that they supported the applications but could not attend the hearing: The Association of Professional Engineers, Scientists and Managers, Australia (‘APESMA’) and the United Workers’ Union, Industrial Union of Employees, Queensland (‘UWU’).

1. The application to certify the Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR is granted.

1. The Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR operates from the day it is certified, namely 27 September 2023.

1. Although the nominal expiry date of the Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR is 1 September 2025, 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 Goondiwindi Regional Council Certified Agreement 2023-2025 INDOOR is certified.