In the making of the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019

[2020] QIRC 122

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 [2020] QIRC 122

PARTIES:

State of Queensland (Queensland Health)

and

Health and Wellbeing Queensland

and

United Voice, Industrial Union of Employees, Queensland

and

Together Queensland, Industrial Union of Employees

and

The Australian Workers' Union of Employees, Queensland

and

Queensland Nurses and Midwives' Union of Employees

CASE NO:

CB/2020/55

PROCEEDING:

Certification of Agreement

DELIVERED ON:

18 August 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

The Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 (Qld) ch 4

Reasons for Decision

1. On 7 August 2020, the State of Queensland (Queensland Health), pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"), made an application to certify the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 ("the agreement").

1. The named parties to the agreement are:

·State of Queensland (Queensland Health);

·Health and Wellbeing Queensland;

·United Voice, Industrial Union of Employees, Queensland.

·Together Queensland, Industrial Union of Employees;

·The Australian Workers' Union of Employees, Queensland; and

·Queensland Nurses and Midwives' Union of Employees.

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

1. The agreement applies to the employer parties to the agreement listed in cl 3.1 and their employees for whom classifications and rates of pay are prescribed by the agreement.

1. The application is accompanied by a copy of the agreement signed by each party.

1. Affidavits were filed on 7 August 2020 by:

·Ms Theresa Hodges, Chief Human Resources Officer, Human Resources Branch, State of Queensland (Queensland Health); and

·Mr Mark Tuohy, Chief Operating Officer, Health and Wellbeing Queensland;

1. Having regard to the abovementioned affidavits:

· I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the 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 Act.

1. The application to certify the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 is granted.

1. The Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 operates from the day it is certified, namely 18 August 2020.

1. Although the nominal expiry date of the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 is 16 October 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

2. I make the following order:

The Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 3) 2019 is certified.