In the making of the Redland City Council Officers' Certified Agreement 2019

[2019] QIRC 62

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the making of the Redland City Council Officers' Certified Agreement 2019 [2019] QIRC 062

PARTIES:  

Redland City Council

and

Queensland Services, Industrial Union of Employees

and

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

CASE NO:

CB/2019/23

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

3 May 2019

HEARING DATE: 

3 May 2019

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

1.     The Redland City Council Officers' Certified Agreement 2019 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Mr. S Blaney, for the Redland City Council

Ms. M Robertson, for the Queensland Services,
Industrial Union of Employees

Reasons for Decision

1. The Redland City Council 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 Redland City Council and the following employee organisations:

   ·        Queensland Services, Industrial Union of Employees; and

   ·        The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

3. While The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees did not attend the hearing before the Commission, it supported certification of the agreement.

4. 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.

5. The agreement is to apply to the Redland City Council, its employees who are covered under the classifications outlined in the Award (other than those excluded by virtue of cl 4 of the Redland City Council Officers' Certified Agreement 2019), and the aforementioned employee organisations.

6. In certifying the agreement, the Commission has regard to the submissions of the parties and the affidavit of Mr. Andrew Chesterman, Chief Executive Officer, Redland City Council, dated 15 April 2019.

7. 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.

8. The agreement operates from the day it is certified, namely 3 May 2019 and, although the nominal expiry date of the agreement is 3 May 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. The application to certify the Redland City Council Officers' Certified Agreement 2019 is granted.

2. I make the following order:

   1.       The Redland City Council Officers' Certified Agreement 2019 is certified.