In the making of the Nurses and Midwives (Queensland Health and Department of Education) Certified Agreement (EB12) 2025
[2025] QIRC 294
•30 October 2025
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Nurses and Midwives (Queensland Health and Department of Education) Certified Agreement (EB12) 2025 [2025] QIRC 294 |
| PARTIES: | State of Queensland (Queensland Health) State of Queensland (Department of Education) State of Queensland (Health and Wellbeing Queensland) AND Queensland Nurses and Midwives’ Union of Employees The Australian Workers’ Union of Employees, Queensland |
| CASE NO: | CB/2025/126 |
| PROCEEDING: | Application for certification of an agreement |
| DELIVERED ON: | 30 October 2025 |
| HEARING DATE: | 29 October 2025 |
| MEMBER: | Gazenbeek IC |
| HEARD AT: | Brisbane |
| ORDER: | The Nurses and Midwives (Queensland Health and Department of Education) Certified Agreement (EB12) 2025 is certified |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) ss 171, 189, 191, 193, 216, 227, 228 Industrial Relations (Tribunals) Rules 2011 (Qld), |
| APPEARANCES: | R. Dayal, M. Morris, and E. Culleton for the State of Queensland (Queensland Health) M. Marron for the State of Queensland (Department of Education) D. Seage and E. Hanna for the Queensland Nurses and Midwives’ Union of Employees B. Watson for the Australian Workers’ Union of Employees, Queensland |
Reasons for Decision
On 24 October 2025, the State of Queensland, represented through Queensland Health, the Department of Education, and Health and Wellbeing Queensland (together,
‘the Applicants’) applied, pursuant to s 189(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to certify Nurses and Midwives (Queensland Health and Department of Education) Certified Agreement (EB12) 2025 ('the agreement').
The named parties to the multi-employer agreement are each of the Applicants, and the following employee organisations:
(a)Queensland Nurses and Midwives’ Union of Employees (‘QNMU’); and
(b)The Australian Workers’ Union of Employees, Queensland (‘AWU’).
Further, the agreement is to be read in conjunction with:
(a)the Queensland Public Services Officers and Other Employees Award – State 2015, with respect to nurses employed by the Department of Education; and
(b)the Nurses and Midwives (Queensland Health) Award – State 2015, with respect to nurses and midwives employed by both the Chief Executive of Queensland Health, and the Chief Executive Officer of Health and Wellbeing Queensland.
Accompanying the application was correspondence of Ms Alarna Lane-Mullins (Chief Human Resources Officer, Queensland Health) dated 22 October 2025, requesting that the Commission consider exercising its discretion, pursuant to rule 93 of the Industrial Relations (Tribunals) Rules 2011 (Qld), to shorten the minimum 7-day period for notice of hearing required by s 191 of the Act. This request, which was supported by all parties to the certified agreement, was made so that “Queensland Health’s payroll services may finalise its build to accurately process and pay … approximately 57,931 employees before Christmas” the entitlements of “a wage increase of 3% (effective from 1 April 2025)” and “backpay accrued from 1 April 2025.”[1]
[1] Letter of Ms A. Lane-Mullins (Chief Human Resources Officer, Queensland Health) to the Industrial Registrar, dated 22 October 2025.
In light of the provided reasons for the request, as supported by all parties, I have exercised my discretion to allow the 7-day period to be waived. The hearing of this application was accordingly listed before the Commission on 29 October 2025, at which the Applicants,[2] QNMU, and AWU each confirmed their support of the application to certify the agreement.
[2] I note that Health and Wellbeing Queensland was not in attendance at the hearing, however correspondence was received by the Registry on 27 October 2025 from Ms J. Daher (A/Corporate Services Manager) of Health and Wellbeing Queensland, confirming their support for the certification of the agreement, and providing consent for Queensland Health to make submissions on their behalf as and when required.
Having regard to the submissions made by the parties who appeared at the hearing of
29 October 2025, and to the materials filed,[3] I am satisfied that:[4]
(a)each of the relevant requirements in ch 4 pt 5 div 2 sub-div 2 of the Act have been satisfied; and
(b)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.
[3] Affidavit of Ms A. Lane-Mullins (Chief Human Resources Officer, Queensland Health), filed 24 October 2025 (regarding certification), and Affidavit of Ms A. Lane-Mullins (Chief Human Resources Officer, Queensland Health), filed 24 October 2025 (specifically regarding s 250 of the Act).
[4] Industrial Relations Act 2016 (Qld), s 193.
Accordingly, I approved the certification of the agreement with effect from the date of the hearing of this application, being 29 October 2025.
While the agreement has a nominal expiry date of 31 March 2028, the agreement will continue to operate until it is terminated under section 227 or 228 of the Act.[5]
[5] Ibid s 216(2).
For completeness, I note that in certifying the agreement, I have made the corrections to the consultation version of the agreement requested in Annexure A to the Affidavit of Ms Alarna Lane-Mullins (Chief Human Resources Officer, Queensland Health), filed on 24 October 2025 in support of the application for certification. At the hearing of this application on 29 October 2025, all parties to the agreement confirmed their consent to these corrections being made, which amount to mere typographical errors.
I order accordingly:
The Nurses and Midwives (Queensland Health and Department of Education) Certified Agreement (EB12) 2025 is certified
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