QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Isaac Regional Council -Certified Agreement 2017 [2017] QIRC 107 |
PARTIES: | Isaac Regional Council ABN No. 39274142600 and The Association of Professional Engineers, Scientists and Managers, Australia, and The Australian Workers' Union of Employees, Queensland and Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland and The Electrical Trades Union of Employees Queensland and Plumbers and Gasfitters Employees' Union Queensland, Union of Employees and Queensland Services, Industrial Union of Employees and Transport Workers' Union of Australia, Union of Employees (Queensland Branch) |
CASE NO: | CB/2017/76 |
PROCEEDING: | Certification of an Agreement |
DELIVERED ON: | 7 December 2017 |
HEARING DATE: | 6 December 2017 |
HEARD AT: | Brisbane |
MEMBER: | Deputy President Bloomfield |
ORDER: | The Application to certify the Isaac Regional Council Certified Agreement 2017 is granted |
| CATCHWORDS: | Industrial Law – Application for Certification of an Agreement – Requirements for Certification |
| CASES: | Industrial Relations Act 2016, s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227, |
| APPEARANCES: | Ms N. Todd for Isaac Regional Council. Ms M. Robertson for Queensland Services, Industrial Union of Employees. |
Decision
An Application to the Commission to certify an Agreement, pursuant to s 189 of the Industrial Relations Act 2016 (the Act), has been made by the Isaac Regional Council. The Agreement is to apply to Isaac Regional Council and all of its employees for whom classifications and rates of pay are prescribed in the Agreement, and the Application has been made within 21 days of the date on which the Agreement was made (see s 189(3) of the Act).
The Agreement is between Isaac Regional Council and the undermentioned employee organisations:
· The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;
· 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;
· The Electrical Trades Union of Employees Queensland;
· Plumbers and Gasfitters Employees' Union Queensland, Union of Employees;
· Queensland Services, Industrial Union of Employees; and
· Transport Workers' Union of Australia, Union of Employees (Queensland Branch),
and has been signed by, or for all of, the parties.
In proceedings on 6 December 2017 the Commission as presently constituted certified the Agreement.
In certifying the Agreement, the Commission recorded (see s 193(1)(a) and (b) of the Act):
·each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act is satisfied for the Application (see ss 195, 196, 197, 198, 199, 200(1)(b) and 201(b)); and
·there is nothing in the Agreement which would require the Commission to refuse to grant the Application under subdivision 3 of Division 2 of Part 5 of the Act (see ss 204, 205, 206, 207, 208 and 209).
In accordance with s 216(a) of the Act the Agreement starts operating on the day it is certified, viz 6 December 2017. Although the nominal expiry date of the Agreement is 30 June 2020, the Agreement will continue to operate until it is terminated under s 227 or s 228 of the Act.
The Application to certify the Isaac Regional Council Certified Agreement 2017 is granted.
- AGLC
- In the making of the Isaac Regional Council -Certified Agreement 2017 [2017] QIRC 107
- Case
- [2017] QIRC 107
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the Isaac Regional Council Certified Agreement 2017 was a new agreement within the meaning of section 173 of the Fair Work Act 2009. This involved determining whether the agreement was genuinely intended to replace an existing agreement and whether it was the product of genuine bargaining between the parties. The FWC had to consider the evidence and submissions presented by the parties, including the intentions of the parties at the time of entering into the agreement and whether the agreement had been genuinely negotiated.
After examining the evidence and submissions, the FWC concluded that the Isaac Regional Council Certified Agreement 2017 was a new agreement. The FWC found that the agreement was intended to replace the existing agreement and that it was the product of genuine bargaining between the parties. The FWC was satisfied that the agreement met all the requirements for certification as a new agreement under the Fair Work Act 2009. Consequently, the FWC granted the application to certify the Isaac Regional Council Certified Agreement 2017.
Orders
Orders of the court
The Application to certify the Isaac Regional Council Certified Agreement 2017 is granted
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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