In the making of the Murweh Shire Council Non-Operational Staff Certified Agreement 2018

[2018] QIRC 56

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Murweh Shire Council Non-Operational Staff Certified Agreement 2018 [2018] QIRC 056

PARTIES:  
`

Murweh Shire Council

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/38

PROCEEDING:

Certification of an agreement

DELIVERED ON:

4 May 2018

HEARING DATE: 

4 May 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Murweh Shire Council Non-Operational Staff Certified Agreement 2018 is certified.

CATCHWORDS:

INDUSTRIAL LAW – application for certification of an agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227,
s 228

APPEARANCES:

Ms N Todd of the Local Government Association of Queensland Ltd, for the Murweh Shire Council

Ms M Robertson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Murweh Shire Council has made an application to certify an agreement pursuant to section 189 of the Industrial Relations Act 2016. As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made. The agreement is between the Murweh Shire Council and the following employee organisations:

   ·Queensland Services, Industrial Union of Employees

1. The agreement is to apply to Murweh Shire Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.

2. In proceedings on 4 May 2018 the Commission as presently constituted certified the agreement.   

3. I note that the agreement is signed by all of the listed parties.[1]

   [1] Industrial Relations Act 2016, s 196(1)(b).

4. In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[4]

[2] Ibid s 193(1)(a)-(b).

[3] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

[4] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 4 May 2018.[5] Although the nominal expiry date of the agreement is 30 June 2021, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

[5] Ibid s 216(a).

1. The application to certify the Murweh Shire Council Non-Operational Staff Certified Agreement 2018 is granted.  

1. I make the following order:

   1.The Murweh Shire Council Non-Operational Staff Certified Agreement 2018 is certified.