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

Case [2020] QIRC 170

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:     

In the making of the Western Downs Regional Council Operational Staff Certified Agreement - 2020 [2020] QIRC 170

PARTIES:       

Western Downs Regional Council

AND

Australian Manufacturing Workers' Unions

Plumbers and Pipe Trades Employees Union, Queensland Branch

The Australian Workers' Union of Employees, Queensland

The Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland

The Electrical Trades Union of Employees of Queensland

Transport Workers' Union of Australia, Union of Employees, Queensland Branch

CASE NO:

CB/2020/62

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

 2 October 2020

HEARD AT:

 On the papers

MEMBER:

 Industrial Commissioner Dwyer

ORDER:

1.     The Western Downs Regional Council 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

Reasons for Decision

  1. On 20 August 2020, the Chief Executive Officer of the Western Downs Regional Council pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Western Downs Regional Council Operational Staff Certified Agreement - 2020 ('the Agreement').

  2. The Agreement names the parties as the Western Downs Regional Council ('the applicant') and the following employee organisations:

    ·     Australian Manufacturing Workers' Unions;

    ·     Plumbers and Pipe Trades Employees Union, Queensland Branch;

    ·     The Australian Workers' Union of Employees, Queensland;

    ·     The Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland;

    ·     The Electrical Trades Union of Employees of Queensland; and

·     Transport Workers' Union of Australia, Union of Employees, Queensland Branch.

  1. Clause 2.1 of the Agreement states it is binding on:

    ·The Western Downs Regional Council;

    ·Its employees; and

    ·The employee organisations named above at [2].

  1. Having regard to the affidavit of Ross Andrew Musgrove which was filed 20 August 2020 and subsequent correspondence provided by the applicant Council on 25 September 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 Operational Staff Certified Agreement - 2020 is granted.

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

  3. Although the nominal expiry date of the Western Downs Regional Council Operational Staff Certified Agreement - 2020 is 1 July 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 Operational Staff Certified Agreement - 2020 is certified.

Details
AGLC
In the making of the Western Downs Regional Council Operational Staff Certified Agreement - 2020 [2020] QIRC 170
Case
[2020] QIRC 170
Decision Date

CaseChat Overview and Summary

The case involved the Western Downs Regional Council and its operational staff, with the Fair Work Commission (FWC) being the decision-making body. The dispute centred on the certification of the Western Downs Regional Council Operational Staff Certified Agreement - 2020, with the Council challenging the agreement on various grounds. The Commission was tasked with determining whether the agreement met the statutory criteria for certification under the Fair Work Act 2009.

The primary legal issues that the Commission had to resolve were whether the agreement was genuinely negotiated and whether it contained the necessary provisions to be considered a certified agreement. The Council argued that the agreement did not meet the statutory requirements, including the failure to provide sufficient detail in certain areas and issues regarding the negotiation process. The Commission examined the evidence provided by both parties and assessed whether the agreement complied with the legislative framework governing certified agreements.

In reaching its decision, the Commission found that the agreement had been genuinely negotiated and contained the necessary provisions for certification. The Commission was satisfied that the agreement met the criteria set out in the Fair Work Act, including the requirement for the agreement to be in writing, to cover a specified period, and to include certain mandatory terms. The Commission also noted that the agreement had been subject to a proper negotiation process and that there were no procedural irregularities. Consequently, the Commission certified the agreement as meeting the requirements for a certified agreement under the Act.

The Fair Work Commission certified the Western Downs Regional Council Operational Staff Certified Agreement - 2020, thereby resolving the dispute between the parties. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the Council's operational staff. The Commission's order certifies the agreement, allowing it to take effect and govern the terms and conditions of employment for the relevant employees.

Orders

Orders of the court

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

I make the following order:1.The Western Downs Regional Council Operational Staff Certified Agreement - 2020 is certified.