In the making of the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019

[2020] QIRC 156

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 [2020] QIRC 156

PARTIES:

State of Queensland (Department of Transport and Main Roads)
(Applicant)

v

Together Queensland, Industrial Union of Employees
(First Respondent)

&

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
(Second Respondent)

&

Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District
(Third Respondent)

&

United Voice, Industrial Union of Employees, Queensland
(Fourth Respondent)

CASE NO:

CB/2020/66

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

3 September 2020

MEMBER:

HEARD AT:

Knight IC

On the papers

ORDER:

1.    The Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016

Reasons for Decision

1. The State of Queensland (Department of Transport and Main Roads) ("the Applicant") has applied to certify the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 ("the certified agreement"), pursuant to s 189[1] of the Industrial Relations Act 2016 ("the Act").

   [1] As modified by s 952R of the Act.

2. Pursuant to s 952S(2) of the Act, the application must be decided without a hearing.

3. I have had regard to the material filed in support of the application, including the affidavits of Mr Neil Scales, Director-General, Department of Transport and Main Roads, each affirmed on 26 August 2020.

4. As required by s 189(3) of the Act, the application was made within 21 days of the date on which the certified agreement was signed.

5. The parties bound by this certified agreement are:

   ·        State of Queensland (Department of Transport and Main Roads);

   ·        Together Queensland, Industrial Union of Employees;

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

   ·        Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District; and

   ·        United Voice, Industrial Union of Employees, Queensland.

6. The certified agreement applies to the State of Queensland, and employees of the Department of Transport and Main Roads covered by awards listed at cl 1.5 of the certified agreement.[2]

   [2] cl 1.3.

7. While s 952W of the Act excludes the application of s 196 of the Act, I note that the agreement has been signed for and by all parties to the agreement.

8. In certifying the agreement, I am satisfied that each relevant requirement pursuant to ch 4, pt 5, div 2, sub-div 2 (as modified by ch 15A) of the Act has been discharged.

9. I note that s 952Y of the Act operates so that the provisions of ch 4, pt 5, div 2, sub-div 3 do not apply.

10. The certified agreement operates from the day it is certified, namely 3 September 2020.[3]

    [3] s 216(1) of the Act.

1. Although the nominal expiry date of the certified agreement is 30 June 2022, it continues to operate until it is terminated.[4]

   [4] ss 227 and 228 of the Act.

1. I make the following order:

1.       The Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 is certified.