In the making of the Somerset Regional Council – Officers Certified Agreement 2020

[2021] QIRC 24

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the making of the Somerset Regional Council – Officers Certified Agreement 2020 [2021] QIRC 024

PARTIES:

Somerset Regional Council
(Applicant)

AND

Queensland Services, Industrial Union of Employees
(Respondent)

CASE NO:

CB/2020/83

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

22 January 2021

HEARING DATE: 

22 January 2021

MEMBER:

Industrial Commissioner Hartigan

HEARD AT:

Brisbane

ORDER:

1.      The Somerset Regional Council – Officers Certified Agreement 2020 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016, s 189, s 196, s 216, s 227, s 228

APPEARANCES:

Ms C Spence for the Somerset Regional Council

Mr S Boman of QSU for the Respondent

Reasons for Decision

1. The Somerset Regional Council has applied to certify the Somerset Regional Council – Officers Certified Agreement 2020 ("the certified agreement") pursuant to s 189 of the Industrial Relations Act 2016 (‘the Act’).

2. 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.

3. The named parties to the certified agreement are the Somerset Regional Council and The Queensland Services, Industrial Union of Employees.

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

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

5. The agreement applies to the Somerset Regional Council, council employees covered by Division 1 and Division 2 – Section 1 of the Queensland Local Government Industry (Stream A) Award – State 2017 and the Queensland Service Industrial Union of Employees.[2] The certified agreement shall not apply to any employee appointed as a "Senior Officer" as defined by clause 4.2 of Division 2 – Section 1 of the Queensland Local Government Industry (Stream A) Award – State 2017.

   [2] See clause 1.3.1 of the Certified Agreement.

6. In proceedings on 22 January 2021 the Commission, as presently constituted, certified the agreement.

7. Having regard to the material filed,[3] I am satisfied that:

(a)each relevant requirement under Ch. 4, Pt. 5, Div. 2, Sub-Div. 3 of the Act has been satisfied; and

(b)there is nothing in the certified agreement which would require the Commission to refuse to grant the application under Ch. 4, Pt. 5, Div. 2, Sub-Div. 3 of the Act.

[3] Application for certification and affidavit of Mr Andrew Johnson each filed on 27 November 2020.

1. The application to certify the Somerset Regional Council – Officers Certified Agreement 2020 is granted.

2. The certified agreement operates from the day it was certified, namely 22 January 2021.[4] Although the nominal expiry date of the agreement is 30 June 2023, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [4] Industrial Relations Act 2016 s 216(1).

3. I make the following order:

1.   The Somerset Regional Council – Officers Certified Agreement 2020 is certified.