In the making of the Lockyer Valley Regional Council Certified Agreement (Officers) 2018

[2018] QIRC 127

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Lockyer Valley Regional Council Certified Agreement (Officers) 2018 [2018] QIRC 127

PARTIES:  

Lockyer Valley Regional Council

and

The Australian Workers' Union of Employees, Queensland

United Voice, Industrial Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2018/135

PROCEEDING:

Certification of an agreement

DELIVERED ON:

27 September 2018

HEARING DATE: 

27 September 2018 

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The Lockyer Valley Regional Council Certified Agreement (Officers) 2018 is certified.

CATCHWORDS:

INDUSTRIAL LAW – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

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 A. Wu of Ashurst for the Lockyer Valley Regional Council

Mr J. Harding for The Australian Workers' Union of Employees, Queensland

Mr D. Peverill for United Voice, Industrial Union of Employees, Queensland

Ms M. Robertson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Lockyer Valley Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016. 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 agreement is between the Lockyer Valley Regional Council and the following employee organisations:

·The Australian Workers' Union of Employees, Queensland;

·United Voice, Industrial Union of Employees, Queensland;

·Queensland Services, Industrial Union of Employees; and

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

1. The agreement has been signed by all parties to the agreement.[1]

   [1] Industrial Relations Act 2016, s 196(1).

2. The agreement is to apply to the Lockyer Valley Regional Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.

3. In proceedings on 27 September 2018 the Commission as presently constituted certified the agreement.

4. In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that there was 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.[4]

[2] Ibid s 193(1)(a)-(b).

[3] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

[4] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 27 September 2018.[5] Although the nominal expiry date of the agreement is 27 September 2021, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

[5] Ibid s 216(a).

1. The application to certify the Lockyer Valley Regional Council Certified Agreement (Officers) 2018 is granted.

1. I make the following order:

   1.      Lockyer Valley Regional Council Certified Agreement (Officers) 2018 is certified.