In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019

[2019] QIRC 200

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:   

In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019 [2019] QIRC 200

PARTIES:      

Northern Peninsula Area Regional Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2019/127

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

20 December 2019

HEARING DATE:

20 December 2019

HEARD AT:

Brisbane

MEMBER:

Merrell DP

ORDER:

The Northern Peninsula Area Regional Council Certified Agreement 2019 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 the Northern Peninsula Area Regional Council

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

Reasons for Decision

[1] On 2 December 2019, the Northern Peninsula Area Regional Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Northern Peninsula Area Regional Council Certified Agreement 2019 ('the agreement').

[2]        By cl 4 of the agreement, the named parties are the Applicant and the following employee organisations:

•     The Australian Workers' Union of Employees, Queensland; and

•     Queensland Services, Industrial Union of Employees.

[3]        The agreement is signed by all the above-mentioned parties.

[4]        The agreement covers:

•     the Applicant;

•     the Applicant's employees referred to in sub-cl 5.1 of the agreement; and

•     the employee organisations referred to in paragraph [2] of these reasons.

[5]        Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Graeme Gillam, Chief Executive Officer of the Applicant, filed on 2 December 2019:

• I am satisfied of each relevant requirements 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.

[6]        The application to certify the Northern Peninsula Area Regional Council Certified Agreement 2019 is granted.

[7]        The Northern Peninsula Area Regional Council Certified Agreement 2019 operates from the day it is certified, namely 20 December 2019.

[8]        Although the nominal expiry date of the Northern Peninsula Area Regional Council Certified Agreement 2019 is 20 December 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

[9]        I make the following order:

The Northern Peninsula Area Regional Council is certified.