In the making of the Moreton Bay Regional Council Certified Agreement 2019 EBA4
[2019] QIRC 161
•28 October 2019
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the making of the Moreton Bay Regional Council Certified Agreement 2019 EBA4 [2019] QIRC 161 |
PARTIES: | Moreton Bay Regional Council AND The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Australian Workers' Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Queensland Nurses and Midwives' Union of Employees Queensland Services, Industrial Union of Employees |
CASE NO: | CB/2019/96 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 28 October 2019 |
HEARING DATE: | 28 October 2019 |
HEARD AT: | Brisbane |
MEMBER: | Merrell DP |
ORDER: | 1. The Moreton Bay Regional Council Certified Agreement 2019 EBA4 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – requirements for certification – Agreement certified |
| LEGISLATION: | Industrial Relations Act 2016, s 189, s 227 and s 228 |
| APPEARANCES: | Ms S. Mitanis of Local Government Association Queensland for Moreton Bay Regional Council. Mr A. Santelises for The Australian Workers' Union of Employees, Queensland Mr C. Murray for the Queensland Nurses and Midwives' Union of Employees Ms M. Robertson for Queensland Services, Industrial Union of Employees |
Reasons for Decision
On 26 September 2019, Moreton Bay Regional Council ('the Applicant') pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made application to certify the Moreton Bay Regional Council Certified Agreement 2019 EBA4 ('the agreement').
By cl 1.4 of the agreement, the named parties are the Applicant and the following employee organisations:
· The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;
· Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
· The Australian Workers' Union of Employees, Queensland;
· Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
· Queensland Nurses and Midwives' Union of Employees; and
· Queensland Services, Industrial Union of Employees.
The agreement is signed by all the above-mentioned parties.
The agreement covers:
· the Applicant; and
· the Applicant's employees for whom classifications are contained in the Queensland Local Government Industry (Stream A) Award-State 2017, the Queensland Local Government Industry (Stream B) Award-State 2017 and the Queensland Local Government Industry (Stream C) Award-State 2017 except for a senior officer as defined in div 2, s 1, cl 4.2(c) of the Queensland Local Government Industry (Stream A) Award-State 2017; and
· the employee organisations referred to in paragraphs [2] and [4] of these reasons.
Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Anthony Martini, Acting Chief Executive Officer of the Applicant, filed on 26 September 2019:
· 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, div 2, sub-div 3 of the Act.
The application to certify the Moreton Bay Regional Council Certified Agreement 2019 EBA4 is granted.
The Moreton Bay Regional Council Certified Agreement 2019 EBA4 operates from the day it is certified, namely 28 October 2019.
Although the nominal expiry date of the Moreton Bay Regional Council Certified Agreement 2019 EBA4 is 30 June 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.
I make the following order:
1. The Moreton Bay Regional Council Certified Agreement 2019 EBA4 is certified.
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