In the making of the Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5)

[2025] QIRC 162

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) [2025] QIRC 162

PARTIES:

Toowoomba Regional Council
Applicant

AND

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

Queensland Services, Industrial Union of Employees
Second Respondent

The Australian Workers' Union of Employees, Queensland
Third Respondent

CASE NO:

CB/2025/37

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

25 June 2025

HEARING DATE: 

25 June 2025

MEMBER:

HEARD AT:

O'Neill IC

Brisbane

ORDER:

The Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) is certified. 

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 (Qld), s 189, s 227 and s 228

APPEARANCES:

Ms A Farmer of the Local Government Association of Queensland, appearing on behalf of Toowoomba Regional Council.

Ms T Holt appearing for Toowoomba Regional Council.

Mr T Stephens, appearing for the Australian Workers' Union of Employees, Queensland

Mr D Skelton, appearing for Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 9 June 2025, the Toowoomba Regional Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) ('the certified agreement').

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

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

   ·Queensland Services, Industrial Union of Employees

   ·The Australian Workers' Union of Employees, Queensland

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

2. The agreement applies to:

   a)       The Applicant;

   b)      The Toowoomba Regional Council office based employees covered by the Queensland Local Government Industry (Stream A) Award - State 2017;

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

1. By email correspondence dated 24 June 2025, a representative from The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees advised that they would be unable to attend the hearing of the application however confirmed that they consent to the application for certification of the Agreement.

2. Having regards to the submissions made by the parties who appeared today and to the affidavit of Mr Owen Heather, Program Leader Employee Relations filed on 9 June 2025:

· 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, sub-div 3 of the Act.

1. The application to certify the Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) is granted.

2. The Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) operates from the day it is certified, namely 25 June 2025.

3. Although the nominal expiry date of the Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) is 30 June 2027, it continues to operate until it is terminated under s 227 or s 228 of the Act.

4. I make the following order:

   The Toowoomba Regional Council Office Based Staff Certified Agreement 2024 (No.5) is certified.