In the making of the Noosa Council Certified Agreement 2018

[2018] QIRC 105

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Noosa Council Certified Agreement 2018 [2018] QIRC 105

PARTIES:  
`

Noosa Shire Council

and

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

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

United Voice, Industrial Union of Employees, Queensland

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2018/100

PROCEEDING:

Certification of an agreement

DELIVERED ON:

7 August 2018

HEARING DATE: 

7 August 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

1.       The Noosa Council Agreement 2018 is certified.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION FOR CERTIFICATION OF AGREEMENT - where application made within 21 days of the date on which the agreement was made - where requirements for certification met.

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:

Mr W. Burgess-Dean for the Noosa Shire Council.

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

Mr L. Norris for Transport Workers' Union of Australia, Union of Employees (Queensland Branch) (by email).

Reasons for Decision

1. The Noosa 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 Noosa Shire Council and the following employee organisations:

   ·        The Australian Workers' Union of Employees, Queensland;

   ·        Queensland Services, Industrial Union of Employees;

   ·        Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

   ·        United Voice, Industrial Union of Employees, Queensland;

   ·        The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;

   ·        Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; and

   ·        Transport Workers' Union of Australia, Union of Employees (Queensland Branch).

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

2. In proceedings on 7 August 2018 the Commission as presently constituted certified the agreement.

3. 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 7 August 2018.[5] The nominal expiry date of the agreement is 26 February 2021, however, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [5] Ibid s 216(a).

2. The application to certify the Noosa Council Agreement 2018 is granted.

1. I make the following order:

   1.The Noosa Council Certified Agreement 2018 is certified.