In the making of the Townsville City Council (Field and Other Employees) Certified Agreement 2022
[2022] QIRC 181
•24 May 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the making of the Townsville City Council (Field and Other Employees) Certified Agreement 2022 [2022] QIRC 181 |
PARTIES: | Townsville City Council AND The Australian Workers' Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Electrical Trades Union of Employees Queensland Plumbers and Gasfitters Employees' Union Queensland, Union of Employees |
CASE NO: | CB/2022/39 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 24 May 2022 |
HEARING DATE | 24 May 2022 |
MEMBER: HEARD AT: | Hartigan IC Brisbane |
ORDER: | The Townsville City Council (Field and Other Employees) Certified Agreement 2022 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISALTION: | Industrial Relations Act 2016 (Qld) ss 189, 227 and 228 |
| APPEARANCES: | Ms N. Hope of the Local Government Association Queensland for the Townsville City Council Mr D. Marr for The Australian Workers' Union of Employees, Queensland Mr P. Dunbar for the Construction, Forestry, Mining & Energy, Industrial Union of Employees |
Reasons for Decision
On 5 May 2022, the Townsville City Council ('the Council') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Townsville City Council (Field and Other Employees) Certified Agreement 2022 ('the agreement').
The named parties to the agreement are the Council and the following unions:
(a)The Australian Workers' Union of Employees, Queensland;
(b)the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
(c)the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
(d)The Electrical Trades Union of Employees Queensland; and
(e)the Plumbers and Gasfitters Employees' Union Queensland, Union of Employees.
As required by s 189(3) of the IR Act, the application was made within 21 days of the date on which the agreement was signed by the parties.
The agreement applies to all employees of the Council employed under the terms of
Div. 2, ss 5 and 6 of the Queensland Local Government Industry Award (Stream B) Award – State 2017.Having regard to the submissions made by the parties who appeared at the hearing of the matter on 24 May 2022, and the material filed,[1] I am satisfied that:
(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has been satisfied; and
(b)there is nothing in the agreement which would require the Commission to refuse to grant the application under Ch 4, Pt 5, Sub-Div.3 of the IR Act.
[1] Application for certification and affidavit of Dr Prins Ralston, each filed on 5 May 2022.
Accordingly, the application to certify the Townsville City Council (Field and Other Employees) Certified Agreement 2022 is granted.
The Townsville City Council (Field and Other Employees) Certified Agreement 2022 operates from the date it was certified, namely 24 May 2022.
Although the nominal expiry date of the Townsville City Council (Field and Other Employees) Certified Agreement 2022 is 30 April 2025, the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.
I make the following order:
The Townsville City Council (Field and Other Employees) Certified Agreement 2022 is certified.
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