In the making of the Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023

[2024] QIRC 101

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 [2024] QIRC 101

PARTIES:

Hinchinbrook Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2024/30

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

1 May 2024

HEARING DATE: 

30 April 2024

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 is certified.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - Application for certification of an agreement - requirements for certification - Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld), s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Ms J. Jenings for the Hinchinbrook Shire Council.

Mr T. Stephens for the The Australian Workers' Union of Employees, Queensland.

Mr E. Dalgleish for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland.

Mr D. Knight for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 9 April 2024, the Hinchinbrook Shire Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 ('the agreement').

1. The named parties to the agreement are the Applicant and the following employee organisation:

   (a)The Australian Workers' Union of Employees, Queensland;

   (b)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;

   (c)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

   (d)Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; and

   (e)Queensland Services, Industrial Union of Employees.

1. The agreement applies to:

   (a)the Applicant;

   (b)the Applicant's employees covered by the classifications contained in the agreement; and

   (c)the employee organisations named in paragraph [2] above.

1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Mrs Mary-Anne Uren, Chief Executive Officer of the Applicant filed 9 April 2024:

   (a)I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the Act; and

   (b)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.

2. The application to certify the Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 is granted.

1. The Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023operates from the day it is certified, namely, 30 April 2024.

1. Although the nominal expiry date of the Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 is 1 October 2026, it continues to operate until it is terminated under ss 227 or 228 of the Act.

1. I make the following order:

   The Hinchinbrook Shire Council Operational Employees (Stream B and C) Certified Agreement 2023 is certified.