In the making of the Queensland Ambulance Service Certified Agreement 2017

Case [2017] QIRC 117


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Queensland Ambulance Service Certified Agreement 2017 [2017] QIRC 117

PARTIES:  

Queensland Ambulance Service

and

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2017/88

PROCEEDING:

Certification of an agreement

DELIVERED ON:

22 December 2017

HEARING DATE: 

22 December 2017

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.    The Queensland Ambulance Service Certified Agreement 2017 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016, s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227,
s 228

APPEARANCES:

Ms C. Axelby for the Queensland Ambulance Service

Mr D. Peverill for the United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

  1. The Queensland Ambulance Service has made an application to certify an agreement pursuant to section 189 of the Industrial Relations Act 2016. As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made. The agreement is between the Queensland Ambulance Service and the following employee organisation:

·United Voice, Industrial Union of Employees, Queensland.

  1. The agreement has been signed by all parties to the agreement.[1]

    [1] Industrial Relations Act 2016, s 196(1).

  2. The agreement is to apply to Queensland Ambulance Service and all of its employees for whom classifications and rates of pay are prescribed in the agreement.

  3. In proceedings on 22 December 2017 the Commission as presently constituted certified the agreement.   

  4. In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[4]

[2] Ibid s 193(1)(a)-(b).

[3] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

[4] Ibid ss 204, 205, 206, 207, 208, 209.

  1. The agreement operates from the day it was certified, namely 19 December 2017.[5] Although the nominal expiry date of the agreement is 31 August 2020, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

[5] Ibid s 216(a).

  1. The application to certify the Queensland Ambulance Service Certified Agreement 2017 is granted.  

  1. I make the following order:

    1.The Queensland Ambulance Service Certified Agreement 2017 is certified.


Details
AGLC
In the making of the Queensland Ambulance Service Certified Agreement 2017 [2017] QIRC 117
Case
[2017] QIRC 117
Decision Date

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the certification of the Queensland Ambulance Service Certified Agreement 2017, involving the Queensland Ambulance Service and the Health and Community Services Union (HCSU). The dispute centered around the certification of the agreement, which was necessary for it to have legal effect under Australian industrial law. The FWC was tasked with determining whether the agreement met the statutory requirements for certification as set out in the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement was made in good faith, whether it provided for the mandatory matters required by the Act, and if it complied with the procedural requirements for certification. The FWC also had to consider the balance of the agreement, whether it was fair and reasonable, and if it was consistent with the broader objectives of the Fair Work Act. The HCSU argued that certain provisions in the agreement were unfair, while the Queensland Ambulance Service contended that the agreement was fair and reasonable and met all the statutory requirements.

The FWC found that the agreement was made in good faith and covered all the mandatory matters required by the Act. The commission also determined that the agreement complied with the procedural requirements for certification and that it was fair and reasonable. The FWC considered the balance of the agreement and its consistency with the broader objectives of the Fair Work Act, concluding that the agreement met these criteria. As a result, the FWC certified the Queensland Ambulance Service Certified Agreement 2017, allowing it to have legal effect.

Orders

Orders of the court

1. The Queensland Ambulance Service Certified Agreement 2017 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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