In the making of the QBuild Field Staff Certified Agreement 2022

Case

[2023] QIRC 221

31 July 2023


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the QBuild Field Staff Certified Agreement 2022 [2023] QIRC 221

PARTIES:

State of Queensland (Department of Energy and Public Works – QBuild)

AND

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Together Queensland, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

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

The Electrical Trades Union of Employees Queensland

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

CASE NO:

CB/2023/72

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

31 July 2023

HEARING DATE:

31 July 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The QBuild Field Staff Certified Agreement 2022 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 189, 227 and 228

APPEARANCES:

Mr N. Garde for the Department of Energy and Public Works – QBuild.

Mr B. McCreadie for The Australian Workers' Union of Employees Queensland.  

Mr K. McKay for Together Queensland, Industrial Union of Employees.

Reasons for Decision

  1. On 18 July 2023, the State of Queensland (Department of Energy and Public Works – QBuild) ('the Department') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the QBuild Field Staff Certified Agreement 2022 ('the agreement').

  2. The named parties to the agreement are the Department and the following employee organisations:

(a)     Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;

(b)     Together Queensland, Industrial Union of Employees;

(c)     The Australian Workers' Union of Employees, Queensland;

(d)     Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

(e)     The Electrical Trades Union of Employees Queensland; and

(f)      Plumbers & Gasfitters Employees' Union Queensland, Union of Employees.

  1. As required by s 189(3) of the IR Act, the application was made within 21 days of the date on which the agreement was signed by the parties.

  2. The parties bound by the agreement are the Department and Employees who are members, or are eligible to become members, of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, Together Queensland, Industrial Union of Employees, The Australian Workers' Union of Employees, Queensland, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, The Electrical Trades Union of Employees Queensland and the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees.

  3. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 31 July 2023, and the material filed, I am satisfied that:

(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has been satisfied; and

(b)there is nothing in the agreement which would require the Commission to refuse to grant the application under Ch 4, Pt 5, Sub-Div.3 of the IR Act.

  1. Accordingly, the application to certify the QBuild Field Staff Certified Agreement 2022 is granted.

  2. The QBuild Field Staff Certified Agreement 2022 operates from the date it was certified, namely 31 July 2023.  

  1. Although the nominal expiry date of the QBuild Field Staff Certified Agreement 2022 is 31 August 2025, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.

  1. I make the following order:

The QBuild Field Staff Certified Agreement 2022 is certified. 

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