In the making of the TAFE Queensland Educators Certified Agreement 2023

[2023] QIRC 350

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the TAFE Queensland Educators Certified Agreement 2023 [2023] QIRC 350

PARTIES:

State of Queensland (TAFE Queensland)

AND

Together Queensland, Industrial Union of Employees

Queensland Teachers Union of Employees

CASE NO:

CB/2023/131

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

4 December 2023

HEARING DATE: 

4 December 2023

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The TAFE Queensland Educators Certified Agreement 2023 is certified.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for certification of a certified agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld) ch 4

APPEARANCES:

Ms P Silvestri and Ms K Rattle for State of Queensland (TAFE Queensland)

Mr B Crotty, Mr D Terauds and Mr C Wood for the Queensland Teachers Union of Employees

Mr S Fanayan for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. On 24 November 2023, TAFE Queensland made an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the TAFE Queensland Educators Certified Agreement 2023 ('the agreement').

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

   ·Together Queensland, Industrial Union of Employees ('TQU'); and

   ·Queensland Teachers Union of Employees ('QTU')

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

2. The QTU and TQU appeared today and consented to the present application.

1. The agreement applies to the Educators and short term casual employees engaged in Adult Community Education and other short courses as prescribed in Schedule 4 of the TAFE Queensland Award – State 2016.

2. Having regard to the submissions made by the parties who appeared at the hearing today, as well as the affidavit of Mr John Tucker, Chief Executive Officer, TAFE Queensland, filed on 14 November 2023:

   ·I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the IR 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 IR Act.

3. The application to certify the agreement is granted. The agreement operates from the day it is certified, being today's date, 4 December 2023.

4. Although the nominal expiry date of the agreement is 30 June 2026, it continues to operate until it is terminated under either s 227 or s 228 of the IR Act.

5. I make the following order:

   The TAFE Queensland Educators Certified Agreement 2023 is certified