In the making of the Ipswich City Council Officers Certified Agreement 2021

Case

[2022] QIRC 375

5 October 2022


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Ipswich City Council Officers Certified Agreement 2021 [2022] QIRC 375

PARTIES:

Ipswich City Council

AND

Queensland Services, Industrial Union of Employees

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

CASE NO.:

CB/2022/88

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

5 October 2022

HEARING DATE: 

5 October 2022

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Ipswich City Council Officers Certified Agreement 2021 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:

Mr N. Sheehan for the Ipswich City Council.

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

Mr L. Kjeldal for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

Reasons for Decision

  1. On 9 September 2022, the Ipswich City Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Ipswich City Council Officers Certified Agreement 2021 ('the agreement').

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

    (a)Queensland Services, Industrial Union of Employees; and

    (b)The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

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

  3. The agreement applies to:

    (a)the Applicant (except for the Chief Executive Officer, Senior Officers and General Managers responsible for the overall management of a Council department); and

    (b)the employee organisations named in paragraph [2] above on behalf of employees.

  1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Nicholas Sheehan, Workplace Relations Manager of the Applicant filed on 9 September 2022:

    (a)I am satisfied that the requirements in ch 4 pt 5 div 2 sub-div 2 of the Act have been met; 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 Ipswich City Council Officers Certified Agreement 2021 is granted.

  1. The Ipswich City Council Officers Certified Agreement 2021 operates from the day it is certified, namely, 5 October 2022.

  1. Although the nominal expiry date of the Ipswich City Council Officers Certified Agreement 2021 is 1 October 2024, it continues to operate until it is terminated under ss 227 or 228 of the Act.

  1. I make the following order:

    The Ipswich City Council Officers Certified Agreement 2021 is certified.

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