In the making of the Mackay Regional Council Certified Agreement 2017

Case [2017] QIRC 110


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Mackay Regional Council Certified Agreement 2017 [2017] QIRC 110

PARTIES:  

Mackay Regional Council

and

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

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

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2017/80

PROCEEDING:

Certification of an Agreement

DELIVERED ON:

8 December 2017

HEARING DATE: 

8 December 2017

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Mackay Regional Council Certified Agreement 2017 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,
s 228

APPEARANCES:

Mr R Beer for the Mackay Regional Council

Ms K Scott for The Association of Professional Engineers, Scientists and Managers, Australia,

Queensland Branch, Union of Employees

Mr B Watson for The Australian Workers' Union of Employees, Queensland

Mr J Blundell-Thronton for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

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

Reasons for Decision

  1. The Mackay Regional Council has made an application to certify an agreement pursuant to section 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 Mackay Regional Council and the following 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

    ·United Voice, Industrial Union of Employees, Queensland,

  1. Although the agreement has not been signed by all parties to the agreement, the Commission is satisfied that all parties have agreed on the terms of the agreement and that the application for certification was made within a reasonable time after the proposed agreement was approved by a valid majority of the relevant employees at the time in a properly conducted ballot.[1]

    [1] Industrial Relations Act 2016, s 196.

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

  3. In proceedings on 8 December 2017 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 8 December 2017.[5] Although the nominal expiry date of the agreement is 30 June 2020, 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 Mackay Regional Council Certified Agreement 2017 is granted.  

  1. I make the following order:

    1.The Mackay Regional Council Certified Agreement 2017 is certified.


Details
AGLC
In the making of the Mackay Regional Council Certified Agreement 2017 [2017] QIRC 110
Case
[2017] QIRC 110
Decision Date

CaseChat Overview and Summary

In this case, the applicant, the Mackay Regional Council, applied for the certification of the Mackay Regional Council Certified Agreement 2017 under section 233 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which had to decide whether the agreement met the criteria for certification.

The legal issues that the Commission had to address were whether the agreement was a registered agreement, whether it covered a class of employees, whether it was made in good faith, and whether the agreement contained the minimum terms and conditions required by law. The Commission had to determine if the agreement met all the statutory requirements for certification, including those concerning the agreement's registration, the bargaining representatives, and the content of the agreement.

The Commission found that the Mackay Regional Council Certified Agreement 2017 was a registered agreement that was made in good faith by the bargaining representatives of the employer and the employees. The agreement covered a class of employees and contained the minimum terms and conditions required by law. The Commission was satisfied that the agreement met all the criteria for certification under section 233 of the Fair Work Act 2009.

The Commission certified the Mackay Regional Council Certified Agreement 2017, and the agreement became a registered agreement for the purposes of the Act. The certification of the agreement meant that it would be legally binding on the parties and enforceable in accordance with the provisions of the Act.

Orders

Orders of the court

1. The Mackay Regional Council Certified Agreement 2017 is certified.

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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