In the making of the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020

[2020] QIRC 46

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:     

In the making of the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 [2020] QIRC 046

PARTIES:       

Western Downs Regional Council

AND

Queensland Services, Industrial Union of Employees

Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2020/9

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

26 March 2020

HEARING DATE: 

26 March 2020

HEARD AT:

Brisbane

MEMBER:

Dwyer IC

ORDER:

1.     The Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 is certified

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016

Industrial Relations (Tribunals) Rules 2011

APPEARANCES:

Mr S. Thompson for the Western Downs Regional Council.

Mr J. Harding for the Australian Workers' Union of Employees, Queensland.

Mr S. Boman for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 4 March 2020, the Chief Executive Officer of the Western Downs Regional Council ('the Applicant') pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 ('the Agreement').

2. Clause 2.1 of the Agreement names the parties as the Applicant and the following employee organisations:

·     Queensland Services, Industrial Union of Employees; and

·     The Australian Workers' Union of Employees, Queensland.

1. The Agreement covers:

   ·The Western Downs Regional Council,

   ·its employees; and

   ·the organisations named at cl. 2.1 of the Agreement.

1. Having regard to the submissions made by the parties who appeared and to the affidavit of Mr Ross Musgrove filed 4 March 2020:

   ·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, div 2, sub-div 3 of the Act.

1. The application to certify the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 is granted.

2. The Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 operates from the day it is certified, namely 26 March 2020.

3. Although the nominal expiry date of the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 is 26 March 2023, it continues to operate until it is terminated under s 227 or s 228 of the Act.

1. I make the following order:

   1.The Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 is certified.