In the making of the Mareeba Shire Council Certified Agreement 2024-2027
[2024] QIRC 292
•12 December 2024
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the making of the Mareeba Shire Council Certified Agreement 2024-2027 [2024] QIRC 292 | |
PARTIES: | Mareeba Shire Council AND The Australian Workers' Union of Employees, Queensland AND Queensland Services, Industrial Union of Employees AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland AND Plumbers and Gasfitters Employees' Union Queensland, Union of Employees | |
CASE NO: | CB/2024/81 | |
PROCEEDING: | Application for certification of an agreement | |
DELIVERED ON: | 12 December 2024 | |
HEARING DATE: | 12 December 2024 | |
MEMBER: HEARD AT: | O'Neill IC Brisbane | |
ORDER: | 1. The Mareeba Shire Council Certified Agreement 2024-2027 is certified. | |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified | |
LEGISLATION: | Industrial Relations Act 2016 (Qld), s 189, s 227 and s 228 | |
| APPEARANCES: | Mr G. Newman for the Mareeba Shire Council. Mr J. Hall for Queensland Services, Industrial Union of Employees Mr T. Stephens for The Australian Workers' Union of Employees, Queensland | |
Reasons for Decision
On 25 November 2024, Mareeba Shire Council ('the Council'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Mareeba Shire Council Certified Agreement 2024 – 2027 ('the certified agreement').
The named parties to the agreement are the Applicant and the following employee organisations:
· The Australian Workers' Union of Employees, Queensland ('AWU');
· Queensland Services, Industrial Union of Employees ('QSU');
· Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland ('AMEPKU');
· Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland ('CFMEU'); and
· Plumbers and Gasfitters Employees' Union Queensland, Union of Employees ('PGEU').
The certified agreement is signed by all the above-mentioned parties.
The certified agreement applies to:
a) The Council;
b) The Council's employees except those outlined in section 3 of the Certified Agreement;
c) The employee organisations named in paragraph [2] above.
The AWU and QSU appeared at the hearing and consented to the present application to certify the certified agreement.
On 10 December 2024, the CFMEU wrote to the Commission and sought leave to be excused from appearing which was granted. In that correspondence the CFMEU confirmed that it supported the certification of the certified agreement.
On 11 December 2024, the PGEU and AMEPKU wrote to the Commission noting that neither organisation would be able to appear at the hearing. Leave was granted excusing the appearance of the PGEU and AMEPKU. In their correspondence both organisations confirmed their respective consent to the certification of the certified agreement.
Having regards to the submissions made by the parties who appeared today and to the affidavit of Mr Peter Franks, Chief Executive Officer filed on 25 November 2024:
· I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the Act; and
· There is nothing in the agreement which would require me to refuse to grant the application pursuant to ch 4, pt 5, sub-div 3 of the Act.
The application to certify the Mareeba Shire Council Certified Agreement 2024 - 2027 is granted.
The Mareeba Shire Council Certified Agreement 2024 - 2027 operates from the day it is certified, namely 12 December 2024.
Although the nominal expiry date of the Mareeba Shire Council Certified Agreement 2024 - 2027 is 30 September 2027, it continues to operate until it is terminated under s 227 or s 228 of the Act.
I make the following order:
The Mareeba Shire Council Certified Agreement 2024 – 2027 is certified.
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