In the making of the QFleet Certified Agreement 2018

[2019] QIRC 107

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the QFleet Certified Agreement 2018 [2019] QIRC 107

PARTIES:

State of Queensland (Department of Housing and Public Works)

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/56

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

12 July 2019

HEARING DATE: 

12 July 2019

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

1.     The QFleet Certified Agreement 2018 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Ms T. Bullas of the Department of Housing and Public Works

Ms N. Vigor of Together Queensland, Industrial Union of Employees

Reasons for Decision

1. The State of Queensland (Department of Housing and Public Works) has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"). As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was signed.

2. The agreement is made between the State of Queensland (Department of Housing and Public Works) and Together Queensland, Industrial Union of Employees.

3. The Commission is satisfied that all parties have agreed on the terms of the agreement, which were approved by a valid majority of relevant employees in a properly conducted ballot. The application for certification was made within a reasonable time after the proposed agreement was approved.

4. The agreement shall apply to persons employed at QFleet, a business unit of the Department of Housing and Public Work.

5. In certifying the agreement, the Commission has regard to the submissions of the parties and the affidavit of Ms. Elizabeth Therese Carroll, Director-General of the Department of Housing and Public Works, sworn 13 June 2019

6. The Commission determines that each relevant requirement under sub-div 2 of div 2 of pt 5 of the Act has been satisfied. Further, there is nothing in the agreement which would require the Commission to refuse to grant the application under sub-div 3 of div 2 of pt 5 of the Act.

7. The agreement operates from the day it is certified, namely 12 July 2019 and, although the nominal expiry date of the agreement is 31 August 2021, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. The application to certify the QFleet Certified Agreement 2018 is granted.

2. I make the following order:

   1.       The QFleet Certified Agreement 2018 is certified.