In the making of the Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5)

[2024] QIRC 40

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5)  [2024] QIRC 040

PARTIES:

Sunshine Coast Council

AND

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2024/5

PROCEEDING:

Certification of an agreement

DELIVERED ON:

14 February 2024

HEARING DATE: 

14 February 2024

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

The Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5) is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 228

APPEARANCES:

Mr P Spoto for Sunshine Coast Council

Mr D Marr for The Australian Workers' Union of Employees, Queensland

Ms J Wiggan for Queensland Services, Industrial Union of Employees

No appearance for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Brand, Union of Employees

Reasons for Decision

1. On 12 January 2024, the Sunshine Coast Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5) ('the agreement').

2. The named parties to the agreement are set out at Clause 3. In addition to the Applicant, the following employee organisations are listed as parties to the agreement:

   ·     The Australian Workers' Union of Employees, Queensland; and

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

·     Queensland Services, Industrial Union of Employees.

1. The agreement is signed by all the above-mentioned parties. Consequently, I am satisfied that upon certification, pursuant to s 189(2) of the Act, the agreement will cover all parties.

2. Having regard to the submissions made by the parties who appeared today and to the Affidavit of Ms Emma Thomas, Chief Executive Officer of Sunshine Coast Council, filed on 12 January 2024:

·I am satisfied of each relevant requirement in ch4, 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.

1. The application to certify the agreement is granted.

2. The Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5) operates from the date of certification per Clause 6 of the agreement, namely 14 February 2024.

1. Although the nominal expiry date of the agreement is 30 June 2026, it continues to operate until it is terminated under the Act.

1. I make the following order:

The Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5)  is certified.