In the making of the Tablelands Regional Council Certified Agreement 2023

[2023] QIRC 153

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Tablelands Regional Council Certified Agreement 2023 [2023] QIRC 153

PARTIES:

Tablelands Regional Council

AND

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

The Australian Workers' Union of Employees,
Queensland

Plumbers & Gasfitters Employees' Union
Queensland, Union of Employees

Queensland Services, Industrial Union of
Employees, Queensland

CASE NO.:

CB/2023/39

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

29 May 2023

HEARING DATE: 

29 May 2023

HEARD AT:

Brisbane

MEMBER:

Power IC

ORDER:

The Tablelands Regional Council Certified Agreement 2023 is certified.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - Application for certification of an 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. Edwards for the Tablelands Regional Council

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

Mr G. Taylor for The Australian Workers' Union of Employees, Queensland.

Mr J. White for the Plumbers & Gasfitters
Employees' Union Queensland, Union of
Employees

Mr J. Donaghy for the Queensland Services,
Industrial Union of Employees, Queensland

Reasons for Decision

1. On 08 May 2023, the Tablelands Regional Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Tablelands Regional Council Certified Agreement 2023 ('the agreement').

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

(a)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

(b)The Australian Workers' Union of Employees, Queensland;

(c)Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; and

(d)Queensland Services, Industrial Union of Employees, Queensland.

1. The agreement applies to:

   (a)the Applicant;

   (b)the Applicant's employees covered by the classifications contained in the agreement; and

   (c)the employee organisations named in paragraph [2] above.

1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Gary Lee Rinehart, Chief Executive Officer of the Applicant filed on 08 May 2023:

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

   (b)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 Tablelands Regional Council Certified Agreement 2023 is granted.

1. The Tablelands Regional Council Certified Agreement 2023 operates from the day it is certified, namely, 29 May 2023.

1. Although the nominal expiry date of the Tablelands Regional Council Certified Agreement 2023 is 29 May 2026, it continues to operate until it is terminated under ss 227 or 228 of the Act.

1. I make the following order:

   The Tablelands Regional Council Certified Agreement 2023 is certified.