In the making of the Redland City Council Officers' Certified Agreement 2022

[2023] QIRC 44

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Redland City Council Officers' Certified Agreement 2022 [2023] QIRC 044

PARTIES:

Redland City Council

AND

The Queensland Services, Industrial Union of Employees

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

CASE NO.:

CB/2023/3

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

13 February 2023

HEARING DATE: 

13 February 2023

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Redland City Council Officers' 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 (Qld), s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Mr M. Beaumont for the Redlands City Council.

Ms N. Hope for the Local Government Association Queensland.

Mr D. Murphy for the Queensland Services, Industrial Union of Employees.

Mr I. Ju and Mr Kelly for the Association of Professional Engineers, Scientists and Managers, Australia Queensland Branch.

Reasons for Decision

1. On 16 January 2023, the Redland City Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Redland City Council Officers' Certified Agreement 2022 ('the agreement').

1. The named parties to the agreement are the Applicant and the following employee organisation:

   (a)The Queensland Services, Industrial Union of Employees; and

   (b)The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch Union of Employees.

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

1. The agreement applies to:

   (a)The Redland City Council;

   (b)Employees who are covered under the classifications outlined in the Queensland Local Government Industry (Stream A) Award – State 2017; and

   (c)The Unions stated at clause 2,1 of the agreement.

2. I note the Applicant’s submission advising that an administrative amendment had been made to the agreement with the consent of all parties. The Appendix One wages schedule contained an administrative error that provided the second and third wage increases were to occur 12 months and 24 months following certification. The Applicant submits that this was not in accordance with what had been agreed between the parties or communicated to employees. This amendment reflects that the second and third wage increase is to occur on 1 May 2023 and 1 May 2024. I am satisfied that this amendment does not disadvantage employees covered by this agreement.

3. Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Andrew Chesterman, Chief Executive Officer of the Applicant filed on 16 January 2023:

   (a)I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the Act; and

   (b)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.

4. The application to certify the Redland City Council Officers Certified Agreement 2022 is granted.

1. The Redland City Council Officers' Certified Agreement 2022 operates from the day it is certified, namely, 13 February 2023.

1. Although the nominal expiry date of the Redland City Council Officers' Certified Agreement 2022 is 01 May 2025, it continues to operate until it is terminated under ss 227 or 228 of the Act.

1. I make the following order:

   The Redland City Council Officers' Certified Agreement 2022 is certified.