In the making of the QFleet Certified Agreement 2022

[2023] QIRC 223

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the QFleet Certified Agreement 2022 [2023] QIRC 223

PARTIES:

_{State of Queensland (Department of Energy and Public Works)}

AND

_{Together Queensland, Industrial Union of Employees}

CASE NO.:

CB/2023/74

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

31 July 2023

HEARING DATE: 

31 July 2023

HEARD AT:

Brisbane

MEMBER:

Merrell DP

ORDER:

The QFleet Certified Agreement 2022 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for certification of an agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Ms L. Volp and Ms R. Vos for the State of Queensland (Department of Energy and Public Works).

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

Reasons for Decision

1. On 19 July 2023, the State of Queensland (Department of Energy and Public Works) ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the QFleet Certified Agreement 2022 ('the agreement').

2. The named parties to the agreement are the Applicant and Together Queensland, Industrial Union of Employees.

1. The agreement is signed by all the above-mentioned parties.

2. The agreement applies to:

   ·the Applicant;

   ·persons employed in QFleet, a business unit of the Applicant, for whom rates of pay, conditions of employment and entitlements are provided for in the agreement; and

   ·Together Queensland, Industrial Union of Employees.

3. The agreement does not apply to:

   ·the Chief Executive, Senior Executives and Senior Officers engaged under the Public Sector Act 2022;

   ·appointments made on a fixed term declared under section 155 of the Public Sector Act 2022; and

   ·employees engaged under contractual arrangements (other than employees under sections 149 and 150 of the Public Sector Act 2022 engaged for a fixed term).

4. Having regard to the submissions made by the parties who appeared today and to the two affidavits of Mr Paul Martyn, Director-General of the Applicant, filed on 19 July 2023:

   ·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.

5. The application to certify the QFleet Certified Agreement 2022 is granted.

1. The QFleet Certified Agreement 2022 operates from 31 July 2023, although the parties agree that its terms will be given operative effect from 1 September 2022.

1. Although the nominal expiry date of the QFleet Certified Agreement 2022 is 31 August 2025, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

   The QFleet Certified Agreement 2022 is certified.