In the making of the Quilpie Shire Council Certified Agreement 2021
[2022] QIRC 51
•22 February 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the making of the Quilpie Shire Council Certified Agreement 2021 [2022] QIRC 051 |
PARTIES: | Quilpie Shire Council AND Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Queensland Services, Industrial Union of Employees The Australian Workers' Union of Employees, Queensland |
CASE NO: | CB/2022/6 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 22 February 2022 |
HEARING DATE | 22 February 2022 |
MEMBER: HEARD AT: | Hartigan IC Brisbane |
ORDER: | The Quilpie Shire Council Certified Agreement 2021 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISALTION: | Industrial Relations Act 2016 (Qld) ss 189, 227 and 228 |
| APPEARANCES: | Ms S. Mitanis of MBA Lawyers for the Quilpie Shire Council Mr P. Dunbar for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Ms M. Robertson for the Queensland Services, Industrial Union of Employees Mr D. Marr for The Australian Workers' Union of Employees, Queensland |
Reasons for Decision
On 3 February 2022, the Quilpie Shire Council ('the Council') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Quilpie Shire Council Certified Agreement 2021 ('the agreement').
The named parties to the agreement are the Council and the following employee organisations:
(a) the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
(b) the Queensland Services, Industrial Union of Employees; and
(c) The Australian Workers' Union of Employees, Queensland
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 all the above-mentioned parties.
The agreement applies to the Council and all Council employees, except for employees that are employed under the classification of 'Senior Officer' as defined in the Queensland Local Government Industry (Stream A) Award – State 2017.[1]
[1]Queensland Local Government Industry (Stream A) Award – State 2017, Div. 2 Section 1, cl 4.2.
Having regard to the submissions made by the parties who appeared at the hearing of the matter on 22 February 2022, and the material filed,[2] I am satisfied that:
(a) each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act have 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.
[2] Application for certification and affidavit of Mr Justin Hancock each filed on 3 February 2022 and amended affidavit of Mr Justin Hancock filed on 21 February 2022.
Accordingly, the application to certify the Quilpie Shire Council Certified Agreement 2021 is granted.
The Quilpie Shire Council Certified Agreement 2021 operates from the date it was certified, namely 22 February 2022.
Although the nominal expiry date of the Quilpie Shire Council Certified Agreement 2021 is 22 February 2025, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.
I make the following order:
The Quilpie Shire Council Certified Agreement 2021 is certified.
0
0
2