In the making of the McKinlay Shire Council Certified Agreement 2024-2027

[2025] QIRC 10

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the McKinlay Shire Council Certified Agreement 2024-2027 [2025] QIRC 10

PARTIES:

McKinlay Shire Council
Applicant

v

The Australian Workers' Union of Employees, Queensland
First Respondent

&

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

&

Queensland Services, Industrial Union of Employees
Third Respondent

CASE NO:

CB/2024/87

PROCEEDING:

Application to certify an agreement

DELIVERED ON:

17 January 2025

HEARING DATE: 

17 January 2025

MEMBER:

HEARD AT:

Pratt IC

Brisbane

ORDER:

1.     The McKinlay Shire Council Certified Agreement 2024-2027 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND COLLECTIVE BARGAINING INSTRUMENTS – application for certification of an agreement – requirements for certification – agreement certified.

LEGISLATION:

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

APPEARANCES:

Mr P Spoto of the Local Government Association of Queensland appearing on behalf of McKinlay Shire Council

Mr G Taylor appearing on behalf of the Australian Workers' Union of Employees, Queensland

Mr E Dalgleish appearing on behalf of Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Ms C Sait appearing on behalf of the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 2 December 2024, McKinlay Shire Council ('the Applicant') made an application to certify the McKinlay Shire Council Certified Agreement 2024-2027 ('the Agreement') pursuant to section 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act').

2. The named parties to the Agreement are the Applicant and the following employee organisations:

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

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

   (c)Queensland Services, Industrial Union of Employees.

1. The Agreement is not signed by all the above-mentioned parties, however, all parties have made submissions that they agree to it. The Agreement shall apply to all of the Applicant's employees covered by the Queensland Local Government Industry (Stream A) Award – State 2017, Queensland Local Government Industry (Stream B) Award – State 2017, and Queensland Local Government Industry (Stream C) Award – State 2017 and the employee organisations mentioned above.

2. This Agreement shall not apply to Senior Officers as provided for in Division 2 – Section 1, clause 4.2 of the Queensland Local Government Industry (Stream A) Award – State 2017.

3. Having regard to the submissions made by the parties who appeared today, and to the affidavit of Trevor Williams, the Chief Executive Officer of the Applicant, filed on 2 December 2024:

   (a)I am satisfied that each of the relevant requirements in ch 4, pt 5, div 2, sub-div 2 of the IR Act have been met; 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 IR Act.

4. The application to certify the Agreement is granted.

5. The Agreement operates from the day it is certified, namely, 17 January 2025.

6. Although the nominal expiry date of the Agreement is 4 June 2027, the Agreement continues to operate until it is terminated pursuant to s 227 or s 228 of the IR Act.

7. I make the following order:

   Order

   1.The McKinlay Shire Council Certified Agreement 2024-2027 is certified.