In the making of the Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR
[2023] QIRC 279
•27 September 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR [2023] QIRC 279 |
PARTIES: | Goondiwindi Regional Council AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Transport Workers' Union of Australia, Union of Employees (Queensland Branch) AND Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland AND The Australian Workers' Union of Employees, Queensland |
CASE NO: | CB/2023/93 |
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 OUTDOOR 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. Marr, the Australian Workers' Union of Employees, Queensland. |
Reasons for Decision
On 30 August 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 OUTDOOR (‘the agreement’).
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 named parties to the agreement are the Applicant; Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; Transport Workers' Union of Australia, Union of Employees (Queensland Branch); Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; and The Australian Workers' Union of Employees, Queensland.
The agreement is signed by all the above-mentioned parties.
The agreement is to apply to:
·all employees employed by Goondiwindi Regional Council who are covered by the Awards listed in clause 1.7 of the Agreement, namely the Queensland Local Government Industry (Stream B) Award – State 2017 and the Queensland Local Government Industry (Stream C) Award – State 2017.
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:
·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 Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (‘AMEPKU’), the Transport Workers' Union of Australia, Union of Employees (Queensland Branch) (‘TWU’), and the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland (‘CFMEU’).
The application to certify the Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR is granted.
The Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR operates from the day it is certified, namely 27 September 2023.
Although the nominal expiry date of the Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR is 1 September 2025, it continues to operate until it is terminated under s 227 or s 228 of the Act.
I make the following order:
1.The Goondiwindi Regional Council Certified Agreement 2023-2025 OUTDOOR is certified.
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