In the making of the Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022

[2022] QIRC 414

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 [2022] QIRC 414

PARTIES:

Sunshine Coast Events Centre Pty Ltd

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/98

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

28 October 2022

HEARING DATE: 

28 October 2022

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 is certified.

CATCHWORDS:

INDUSTRIAL LAW - COLLECTIVE BARGAINING - application for certification of 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:

Ms K Murphy of Katrina Murphy Industrial Relations Pty Ltd for the Sunshine Coast Events Centre Pty Ltd with Ms s Hayes of the Sunshine Coast Events Centre Pty Ltd

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

Reasons for Decision

1. On 27 September 2022, the Sunshine Coast Events Centre Pty Ltd ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 ('the Agreement').

2. The named parties to the Agreement are set out at Clause 4. In addition to the Applicant, the following employee organisations are listed as parties to the Agreement:

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

   ·Queensland Services, Industrial Union of Employees.

1. The terms of the Agreement have been consented to 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. The Agreement applies to the Applicant and all its employees in conjunction with:

·Queensland Local Government Industry (Stream A) Award – State 2017; and

·Queensland Local Government Industry (Stream B) Award – State 2017.

1. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 28 October 2022, and the affidavit of Ms Jeanette Maree Burrows, Chair of the Board of the Sunshine Coast Events Centre Pty Ltd, filed on 27 September 2022, I am satisfied that:

·each relevant requirement in Ch 4, Pt 5, Sub-Div.2 of the Act has been satisfied; and

·there is nothing in the Agreement which would require the Commission to refuse to grant the application pursuant to Ch 4, Pt 5, Sub-Div.3 of the Act.

1. Accordingly, the application to certify the Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 is granted.

2. The Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 operates from the date it was certified, namely 28 October 2022.

1. Although the nominal expiry date of the Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 is four years after the date of certification, the Agreement will continue to operate until it is terminated under s 227 or 228 of the Act.

1. I make the following order:

1.The Sunshine Coast Events Centre Pty Ltd Certified Agreement 2022 is certified.