In the making of the Maranoa Regional Council Certified Agreement 2023

[2023] QIRC 233

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the making of the Maranoa Regional Council Certified Agreement 2023 [2023] QIRC 233

PARTIES:

Maranoa Regional Council

AND

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

CASE NO:

CB/2023/78

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

11 August 2023

HEARING DATE: 

11 August 2023

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Maranoa Regional Council Certified Agreement 2023 is certified.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - Application for certification of an agreement - requirements for certification - Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld), s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Ms S. Mitanis of MBA Lawyers, for the Maranoa Regional Council

Mr D. Marr of The Australian Workers' Union of Employees, Queensland

Ms J. Gildea of Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 25 July 2023, the Maranoa Regional Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Maranoa Regional Council Certified Agreement 2023 ('the agreement').

1. The named parties to the agreement are the Applicant and the following employee organisation:

(a)The Australian Workers' Union of Employees, Queensland;

(b)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

(c)Queensland Services, Industrial Union of Employees

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

(e)Plumbers & Gasfitters Employees' Union Queensland, Union of Employees.

1. The agreement is signed by all the above-mentioned parties.

1. The agreement applies to:

   (a)the Applicant;

   (b)the Applicant's employees covered by the classifications contained in the agreement; and

   (c)the employee organisations named in paragraph [2] above.

1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Ms Edwina Marks, Chief Executive Officer of the Applicant filed on 25 July 2023:

   (a)I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the Act; and

   (b)there is nothing in the agreement which would require me to refuse to grant the application pursuant to ch 4 pt 5 div 2 sub-div 3 of the Act.

2. The application to certify the Maranoa Regional Council Certified Agreement 2023 is granted.

1. The Maranoa Regional Council Certified Agreement 2023 operates from the day it is certified, namely, 11 August 2023.

1. Although the nominal expiry date of the Maranoa Regional Council Certified Agreement is 11 August 2026, it continues to operate until it is terminated under ss 227 or 228 of the Act.

1. I make the following order:

   The Maranoa Regional Council Certified Agreement 2023 is certified.