In the making of the Murweh Shire Council Certified Agreement 2022
[2022] QIRC 372
•29 September 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Murweh Shire Council Certified Agreement 2022 [2022] QIRC 372 |
PARTIES: | Murweh Shire Council AND The Australian Workers' Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Electrical Trades Union of Employees Queensland Queensland Services, Industrial Union of Employees |
CASE NO.: | CB/2022/84 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 29 September 2022 |
HEARING DATE: | 29 September 2022 |
HEARD AT: | Brisbane |
MEMBER: | Merrell DP |
ORDER: | The Murweh Shire Council Certified Agreement 2022 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - application for certification of an agreement - requirements for certification - agreement certified |
| LEGISLATION: | Industrial Relations Act 2016, 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 Murweh Shire Council. Mr G. Taylor for The Australian Workers' Union of Employees, Queensland. Mr J. Maguire for the Queensland Services, Industrial Union of Employees. |
Reasons for Decision
On 30 August 2022, the Murweh Shire Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Murweh Shire Council Certified Agreement 2022 ('the agreement').
The named parties to the agreement are the Applicant and the following employee organisations:
·The Australian Workers' Union of Employees, Queensland;
·Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland ('the CFMEU');
·Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
·The Electrical Trades Union of Employees Queensland ('the ETU'); and
·Queensland Services, Industrial Union of Employees.
The agreement is signed by all the above-mentioned parties, except for the CFMEU and the ETU.
By letter dated 8 September 2022, the ETU advised the Commission that:
·it was a negotiating party for the agreement;
·it agreed to the terms of the agreement, however, it did not intend to sign the agreement; and
·it wished to be a party to and covered by the agreement.
By letter dated 26 September 2022, the CFMEU advised the Commission that:
·it was a negotiating party for the agreement;
·it agreed to the terms of the agreement, however, it did not intend to sign the agreement; and
·it wished to be a party to and covered by the agreement.
The agreement applies to:
·the Applicant;
·the Applicant's employees who are covered by 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; and
·the employee organisations named in paragraph [2] above.
Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Jamie Gorry, Acting Chief Executive Officer of the Applicant, filed on 31 August 2022:
·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 Murweh Shire Council Certified Agreement 2022 is granted.
The Murweh Shire Council Certified Agreement 2022 operates from 29 September 2022.
Although the nominal expiry date of the Murweh Shire Council Certified Agreement 2022 is 29 September 2025, it continues to operate until it is terminated under s 227 or s 228 of the Act.
I make the following order:
The Murweh Shire Council Certified Agreement 2022 is certified.
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