In the making of the Logan City Council Certified Agreement 2018

[2019] QIRC 21

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Logan City Council Certified Agreement 2018 [2019] QIRC 021

PARTIES:

Logan City Council and

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

Queensland Services, Industrial Union of Employees

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

The Australian Workers' Union of Employees, Queensland

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

The Electrical Trades Union of Employees Queensland

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

CASE NO:

CB/2018/193

PROCEEDING:

Certification of an agreement

DELIVERED ON:

18 January 2019

HEARING DATE:

18 January 2019

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The     Logan     City     Council     Certified Agreement 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:

Mr G. Watson for the Logan City Council

Mr J. Blundell-Thornton of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and for Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Ms C. Raftos of Queensland Services, Industrial Union of Employees

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

Mr L. Norris of Transport Workers' Union of

Australia, Union of Employees (Queensland Branch)

Reasons for Decision

1. The Logan City 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 Logan City Council and the following employee organisations:

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

·Queensland Services, Industrial Union of Employees

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

·The Australian Workers' Union of Employees, Queensland

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

·The Electrical Trades Union of Employees Queensland

·Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

·Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

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

1. The agreement is to apply to the Logan City Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.

1. In proceedings on 18 January 2019 the Commission as presently constituted certified the agreement.

1. 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

1. The agreement operates from the day it was certified, namely 18 January 2019.5 Although the nominal expiry date of the agreement is on 30 June 2021 the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

1. The application to certify the Logan City Council Certified Agreement 2018 is granted.

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

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.

5 Ibid s 216(a).

1. I make the following order:

1.     Logan City Council Certified Agreement 2018 is certified.

"I certify that the preceding 8 paragraphs are a true copy of the Reasons for Decision of Industrial Commissioner Thompson

J.M THOMPSON, Industrial Commissioner:  

Dated: 18 January 2019".