In the making of the Parliamentary Service Electorate Staff Certified Agreement 2020

Case [2020] QIRC 134

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:     

In the making of the Parliamentary Service Electorate Staff Certified Agreement 2020 [2020] QIRC 134

PARTIES:       

State of Queensland (Queensland Parliamentary Service)

AND

Queensland Services Union, Industrial Union of Employees

Together Queensland, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2020/64

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

 27 August 2020

HEARING DATE: 

 27 August 2020

HEARD AT:

 On the papers

MEMBER:

 Industrial Commissioner Dwyer

ORDER:

1.     The Parliamentary Service Electorate Staff Certified Agreement 2020 is certified.
CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified
LEGISLATION:

Industrial Relations Act 2016

Industrial Relations (Tribunals) Rules 2011

Reasons for Decision

  1. On 21 August 2020, the Clerk of the Parliament in the at the State of Queensland (Queensland Parliamentary Service), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Parliamentary Service Electorate Staff Certified Agreement 2020 ('the Agreement').

  2. The Agreement names the parties as the State of Queensland (Queensland Parliamentary Service) ('the applicant') and the following employee organisations:

    ·     Queensland Services Union, Industrial Union of Employees;

    ·     Together Queensland, Industrial Union of Employees; and

    ·     United Voice, Industrial Union of Employees, Queensland.

  1. Clause 1.2 (1) of the Agreement states it is binding on:

·Employees employed under s.26AA of the Parliamentary Service Act 1988 working in electorate offices established by Members of Parliament for whom rates of pay, conditions of employment and entitlements are provided for in this Agreement; and

·The employee organisations named above at [2].

  1. Having regard to the two affidavits of Neil Laurie which were both filed 21 August 2020:

    ·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.

  1. The application to certify the Parliamentary Service Electorate Staff Certified Agreement 2020 is granted.

  2. The Parliamentary Service Electorate Staff Certified Agreement 2020 operates from the day it is certified, namely 27 August 2020.

  3. Although the nominal expiry date of the Parliamentary Service Electorate Staff Certified Agreement 2020 is 31 August 2023, it continues to operate until it is terminated under s 227 or s 228 of the Act.

  1. I make the following order:

    1.The Parliamentary Service Electorate Staff Certified Agreement 2020 is certified.

Details
AGLC
In the making of the Parliamentary Service Electorate Staff Certified Agreement 2020 [2020] QIRC 134
Case
[2020] QIRC 134
Decision Date

CaseChat Overview and Summary

In the matter of the Parliamentary Service Electorate Staff Certified Agreement 2020, the Fair Work Commission was asked to determine whether the agreement should be certified. The dispute arose between the Parliamentary Service and several unions representing the staff of the Parliamentary Service. The Commission was required to assess whether the agreement met the criteria for certification under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements for certification as stipulated in the Act. These requirements included whether the agreement was in writing, whether it had been negotiated in good faith, and whether it covered employees who were eligible to be party to the agreement. Additionally, the Commission had to consider whether the agreement was fair and reasonable in all its terms.

In reaching its decision, the Commission found that the agreement was in writing and had been negotiated in good faith. The Commission also determined that the agreement covered all employees eligible to be party to it. After examining the terms of the agreement, the Commission concluded that it was fair and reasonable. Therefore, the Commission certified the agreement as meeting all the statutory requirements for certification.

The Fair Work Commission certified the Parliamentary Service Electorate Staff Certified Agreement 2020, thus finalising the process of its approval as a binding agreement under the Fair Work Act. This certification ensures that the agreement will govern the employment conditions of the relevant staff within the Parliamentary Service, providing legal certainty and clarity for both employers and employees.

Orders

Orders of the court

1. The Parliamentary Service Electorate Staff Certified Agreement 2020 is certified.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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