In the making of the Western Downs Regional Council Nurses Certified Agreement 2021

[2021] QIRC 282

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Western Downs Regional Council Nurses Certified Agreement 2021 [2021] QIRC 282

PARTIES:

Western Downs Regional Council

and

Queensland Nurses and Midwives Union

CASE NO:

CB/2021/27

PROCEEDING:

Certification of an agreement

DELIVERED ON:

16 August 2021

HEARING DATE: 

16 August 2021

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Western Downs Regional Council Nurses Certified Agreement 2021 is certified.

CATCHWORDS:

INDUSTRIAL LAW - application for certification of an agreement - requirements for certification - agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227, s 228.

APPEARANCES:

Ms E McGovern for the Western Downs Regional Council.

Ms C Trevascus for the Queensland Nurses and Midwives Union.

Reasons for Decision

1. The Western Downs Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'). 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 agreement is between the Western Downs Regional Council and the Queensland Nurses and Midwives Union,

2. The agreement has been signed by all parties to the agreement,[1] and the agreement was approved by one hundred percent of all valid votes in a properly conducted ballot.[2]

   [1] Industrial Relations Act 2016, s 196(1).

   [2] Affidavit of Ross Andrew Musgrove, Chief Executive Officer, affirmed 16 July 2021.

1. The agreement replaces the pre-existing agreement, Western Downs Regional Council Nurses Certified Agreement 2011.

1. In certifying the agreement, the Commission has regard to the submissions of the parties and the affidavit of Ross Musgrove, Chief Executive Officer affirmed 16 July 2021. The Commission determines that:[3]

   ·Each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[4] and

   ·there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[5]

   [3] Industrial Relations Act 2016, ss 193(1)(a)-(b).

   [4] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

   [5] Ibid ss 204, 205, 206, 207, 208, 209.

1. The agreement operates from the day it was certified, namely 16 August 2021.[6] Although the nominal expiry date of the agreement is 16 August 2024, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.

   [6] Ibid s 216(a).

1. The application to certify the Western Downs Regional Council Nurses Certified Agreement 2021 is granted.

1. I make the following order:

That the Western Downs Regional Council Nurses Certified Agreement 2021 is certified.