In the making of the Western Downs Regional Council Non-Operational Staff Certified Agreement 2023
[2023] QIRC 354
•5 December 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 [2023] QIRC 354 |
PARTIES: | Western Downs Regional Council AND Queensland Services, Industrial Union of Employees AND The Australian Workers’ Union of Employees, Queensland |
CASE NO: | CB/2023/137 |
PROCEEDING: | Application for certification of an agreement |
DELIVERED ON: | 5 December 2023 |
HEARING DATE: | 5 December 2023 |
MEMBER: | Pidgeon IC |
HEARD AT: | Brisbane |
ORDER: | The Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 is certified. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified |
| LEGISLATION: | Industrial Relations Act 2016 (Qld) ss 189, 227, 228 |
| APPEARANCES: | Ms S. Terera of the Local Government Association of Queensland for the Applicant. Mr J. Donaghy of the Queensland Services, Industrial Union of Employees. Ms C. Taylor of The Australian Workers' Union of Employees, Queensland. |
Reasons for Decision
On 17 November 2023, the Western Downs Regional Council (‘the Applicant’), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) (‘the Act’), made an application to certify the Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 (‘the agreement’).
As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made.
The named parties to the agreement are the Applicant; Queensland Services, Industrial Union of Employees; and the Australian Workers’ Union of Employees, Queensland.
The agreement is signed by all the above-mentioned parties.
The agreement is to apply to the parties and all Western Downs Regional Council employees covered by the Queensland Local Government Industry (Stream A) Award - State 2017. It shall not apply to the employment terms and conditions of those Senior Officers as provided for in Division 2 - Section 1, Clause 4.2 of the Queensland Local Government Industry (Stream A) Award - State 2017. All Senior Officers will be covered by contracts and this certified agreement shall not apply to the employment terms and conditions of any such employee.
Having regard to the submissions made by the parties who appeared today, and to the affidavit of Ms Jodie Taylor, Chief Executive Officer, Western Downs Regional Council affirmed 13 November 2023:
·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.
The application to certify the Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 is granted.
The Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 operates from the day it is certified, namely 5 December 2023.
Although the nominal expiry date of the Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 is 26 March 2026, it continues to operate until it is terminated under s 227 or s 228 of the Act.
I make the following order:
1.The Western Downs Regional Council Non-Operational Staff Certified Agreement 2023 is certified.
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