In the making of the Longreach Regional Council Certified Agreement 2023
[2023] QIRC 250
•31 August 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the making of the Longreach Regional Council Certified Agreement 2023 [2023] QIRC 250 |
PARTIES: | Longreach Regional Council AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland 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 Queensland Services, Industrial Union of Employees |
CASE NO.: | CB/2023/87 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 31 August 2023 |
HEARING DATE: | 31 August 2023 |
MEMBER: HEARD AT: | Hartigan DP Brisbane |
ORDER: | The Longreach Regional Council Certified Agreement 2023 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) ss 189, 227 and 228 |
| APPEARANCES: | Ms S. Mitanis with Ms C. Chacko for the Longreach Regional Council Mr P. Dunbar for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Mr J. Donaghy with Mr J. Hall for Queensland Services, Industrial Union of Employees Mr D. Marr for The Australian Workers' Union of Employees, Queensland |
Reasons for Decision
On 11 August 2023, Longreach Regional Council ('the Council') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Longreach Regional Council Certified Agreement 2023 ('the agreement').
The named parties to the agreement are the Council and the following employee organisations:
(a)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
(b)The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;
(c)The Australian Workers' Union of Employees, Queensland;
(d)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
(e)The Electrical Trades Union of Employees Queensland ('ETU'); and
(f)Queensland Services, Industrial Union of Employees.
As required by s 189(3) of the IR Act, the application was made within 21 days of the date on which the agreement was signed by the parties.[1]
[1] On 21 August 2023 the ETU wrote to the Industrial Registry advising that it agreed to the terms of the agreement but that it would not sign the agreement. See s 189(2)(a) of the IR Act.
The parties bound by the agreement are the Council and Employees who are members, or are eligible to become members, of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees, The Australian Workers' Union of Employees, Queensland, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, The Electrical Trades Union of Employees Queensland, and the Queensland Services, Industrial Union of Employees.
Having regard to the submissions made by the parties who appeared at the hearing of the matter on 31 August 2023, and the material filed, I am satisfied that:
(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has been satisfied; and
(b)there is nothing in the agreement which would require the Commission to refuse to grant the application under Ch 4, Pt 5, Sub-Div.3 of the IR Act.
Accordingly, the application to certify the Longreach Regional Council Certified Agreement 2023 is granted.
The Longreach Regional Council Certified Agreement 2023 operates from the date it was certified, namely 31 August 2023.
Although the nominal expiry date of the Longreach Regional Council Certified Agreement 2023 is 31 August 2027, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.
I make the following order:
The Longreach Regional Council Certified Agreement 2023 is certified.
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