In the making of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019

[2020] QIRC 126

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 [2020] QIRC 126

PARTIES:

State of Queensland (Queensland Health)

and

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

and

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

and

Plumbers and Gasfitters Employees' Union Queensland, Union of Employees

and

The Electrical Trades Union of Employees, Queensland

CASE NO:

CB/2020/53

PROCEEDING:

Certification of Agreement

DELIVERED ON:

19 August 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Queensland Health Building, Engineering & Maintenance Services Certified Agreement
(No. 7) 2019 is certified.

CATCHWORDS:

INDUSTRIAL     LAW     –      COLLECTIVE

BARGAINING – application for certification of an agreement – requirements for certification – agreement certified.

LEGISLATION:

Industrial Relations Act 2016

Reasons for Decision

1. On 7 August 2020, the State of Queensland (Queensland Health), pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"), made an application to certify the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 ("the agreement").

1. The named parties to the agreement are:

·State of Queensland (Queensland Health);

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

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

·Plumbers and Gasfitters Employees' Union Queensland, Union of Employees; and

·The Electrical Trades Union of Employees, Queensland.

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

2. The agreement applies to:

(a)      the employer parties to the agreement listed in cl 1.3 and their employees for whom classifications and rates of pay are prescribed by the agreement;

(b)      The Hospital and Health Services established in accordance with the Hospital and Health Boards Act 2011 and employees for whom classifications and rates of pay are prescribed within the agreement;

(c)      Employees of the Queensland Ambulance Service established in accordance with the Ambulance Service Act 1991, being employees covered by the agreement and for whom classifications and rates of pay are prescribed therein.

1. The application is accompanied by a copy of the agreement signed by each party.

1. An Affidavit was filed on 7 August 2020 by Ms Theresa Hodges, Chief Human Resources Officer, Human Resources Branch, State of Queensland (Queensland Health);

1. Having regard to the abovementioned affidavit:

· I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 and ch 15A 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 and ch 15A of the Act.

1. The application to certify the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 is granted.

1. The Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 operates from the day it is certified, namely 19 August 2020.

1. Although the nominal expiry date of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 is 31 August 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

The Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 is certified.