In the making of the Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4)

[2021] QIRC 233

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) [2021] QIRC 233

PARTIES:

Sunshine Coast Council

AND

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

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2021/19

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

1 July 2021

HEARING DATE: 

1 July 2021

HEARD AT:

Brisbane

MEMBER:

Merrell DP

ORDER:

The Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) is certified.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - Application for certification of an agreement - requirements for certification - Agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228

APPEARANCES:

Ms W. Darke of the Local Government Association of Queensland and Ms N. Bunning for the Sunshine Coast Council.

Mr R. Luke for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland.

Ms L. Gowdie for The Australian Workers' Union of Employees, Queensland.

Mr P. Dunbar for the Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland.

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

Reasons for Decision

1. On 7 June 2021, the Sunshine Coast Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) ('the agreement').

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

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

   ·The Australian Workers' Union of Employees, Queensland;

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

   ·Queensland Services, Industrial Union of Employees.

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

3. The agreement applies to the Applicant and all its employees covered under the Queensland Local Government Industry (Stream B) Award - State 2017 and the Queensland Local Government Industry (Stream C) Award - State 2017.

1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Ms Emma Thomas, Chief Executive Officer of the Applicant, filed on 7 June 2021:

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

   ·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.

2. The application to certify the Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) is granted.

1. The Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) operates from the day it is certified, namely, 1 July 2021.

1. Although the nominal expiry date of the Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) is 30 June 2023, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

   The Sunshine Coast Council Field-Based Employees Certified Agreement 2020 (No. 4) is certified.