In the making of the State Government Entities Certified Agreement 2023

[2023] QIRC 307

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the State Government Entities Certified Agreement 2023 [2023] QIRC 307

PARTIES:

State of Queensland (Office of Industrial Relations)

AND

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

Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District

The Australian Workers' Union of Employees, Queensland

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

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

The Electrical Trades Union of Employees Queensland

Australian Maritime Officers Union Queensland Union of Employees

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Queensland Nurses and Midwives' Union of Employees

Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees

Together Queensland, Industrial Union of Employees

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

United Workers' Union, Industrial Union of Employees, Queensland

CASE NO:

CB/2023/112

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

23 October 2023

HEARING DATE:

23 October 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The State Government Entities Certified Agreement 2023 is certified.  

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified 

LEGISLATION: 

Industrial Relations Act 2016 (Qld) ss 189, 227 and 228

APPEARANCES:

Ms C. Jeffries and Ms L. Gribbin for the Office of Industrial Relations

Mr C. Claydon for Australian Maritime Officers Union Queensland Union of Employees

Mr B. McCreadie for The Australian Workers' Union of Employees, Queensland

Ms J. Butchers for Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District

Mr M. Thomas for Together Queensland, Industrial Union of Employees

Mr E. Womersley for United Workers' Union, Industrial Union of Employees, Queensland 

Reasons for Decision

1. On 16 October 2023, the Office of Industrial Relations ('the OIR') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the State Government Entities Certified Agreement 2023 ('the agreement').

2. The named parties to the agreement are the OIR and the following employee organisations:

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

·        Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District;

·        The Australian Workers' Union of Employees, Queensland;

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

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

·        The Electrical Trades Union of Employees Queensland;

·        Australian Maritime Officers Union Queensland Union of Employees;

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

·        Queensland Nurses and Midwives' Union of Employees;

·        Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees;

·        Together Queensland, Industrial Union of Employees;

·        Transport Workers' Union of Australia, Union of Employees (Queensland Branch); and

·        United Workers' Union, Industrial Union of Employees, Queensland.

1. 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 the parties.

2. The agreement is proposed to cover employees currently engaged under the State Government Entities Certified Agreement 2019 and the QBuild Office Staff Certified Agreement 2019.

3. The parties bound by the agreement are:

·the State of Queensland and the entities specified in Appendix 1 of the agreement;

·employees employed in the entities specified in Appendix 1 of the agreement; and

·the employee organisations listed in paragraph [2] above.

1. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 23 October 2023, and the material filed, I am satisfied that:

(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has 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.

1. Accordingly, the application to certify the State Government Entities Certified Agreement 2023 is granted.

2. The State Government Entities Certified Agreement 2023 operates from the date it was certified, namely 23 October 2023.

1. Although the nominal expiry date of the State Government Entities Certified Agreement 2023 is 30 June 2026, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.

1. I make the following order:

The State Government Entities Certified Agreement 2023 is certified.