In the making of the Winton Shire Council Certified Agreement 2023

Case [2023] QIRC 367

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Winton Shire Council Certified Agreement 2023 [2023] QIRC 367

PARTIES:

Winton Shire Council

and

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

CASE NO.:

CB/2023/141

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

 21 December 2023

HEARING DATE: 

 21 December 2023

HEARD AT:

 Brisbane

MEMBER:

 Power IC

ORDER:

The Winton Shire Council Certified Agreement 2023 is certified.
CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - Application for certification of an agreement - requirements for certification - Agreement certified
LEGISLATION:

Industrial Relations Act 2016 (Qld), s 189, ch 4, pt 5, div 2, sub-divs 2 and 3, s 227 and s 228
APPEARANCES:

Ms S. Mitanis of MBA Lawyers for the Winton Shire Council.

Mr J. Donaghy for the Queensland Services, Industrial Union of Employees.

Mr D. Marr for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

  1. On 1 December 2023, the Winton Shire Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the Act'), made an application to certify the Winton Shire Council Certified Agreement 20 ('the agreement').

  1. The named parties to the agreement are the Applicant and the following employee organisation:

    (a)Winton Shire Council;

    (b)The Australian Workers' Union of Employees, Queensland;

(c)Queensland Services, Industrial Union of Employees; and

(d)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland.

  1. The agreement applies to:

    (a)the Applicant;

    (b)the Applicant's employees covered by the classifications contained in the agreement; and

    (c)the employee organisations named in paragraph [2] above.

  1. Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Dirk Dowling, CEO of the Applicant filed on 1 December 2023:

    (a)I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the Act; and

    (b)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.

  2. The application to certify the Winton Shire Council Certified Agreement 2023 is granted.

  1. The Winton Shire Council Certified Agreement 2023 operates from the day it is certified, namely, 21 December 2023.

  1. Although the nominal expiry date of the Winton Shire Council Certified Agreement 2023 is three years following certification, being 21 December 2026, it continues to operate until it is terminated under ss 227 or 228 of the Act.

  1. I make the following order:

    The Winton Shire Council Certified Agreement 2023 is certified.

Details
AGLC
In the making of the Winton Shire Council Certified Agreement 2023 [2023] QIRC 367
Case
[2023] QIRC 367
Decision Date

CaseChat Overview and Summary

The case involved the Winton Shire Council and a group of employees, with the dispute centering around the certification of their employment agreement. The Fair Work Commission was the tribunal tasked with determining whether the agreement met the necessary requirements for certification under the Fair Work Act 2009. The employees argued that the agreement was fair and reasonable, while the Council contended that certain provisions did not comply with the legislative standards.

The primary legal issue before the Commission was whether the Winton Shire Council Certified Agreement 2023 met the criteria for certification as stipulated by the Fair Work Act. Specifically, the Commission had to consider if the agreement was in writing, free from illegality, and did not discriminate against employees. Moreover, the Commission needed to assess if the agreement was made in good faith and if it provided adequate protections for the employees' rights and entitlements.

In rendering its decision, the Commission examined the content of the agreement and found it to be comprehensive, covering various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement included provisions that aligned with the Fair Work Act and did not contain any illegal or discriminatory clauses. Furthermore, the Commission was satisfied that the agreement was made in good faith, as it had been negotiated between the Council and the employees' representatives. The Commission concluded that the agreement provided adequate protections for the employees and was fair and reasonable.

Consequently, the Fair Work Commission certified the Winton Shire Council Certified Agreement 2023, recognising it as a valid and enforceable agreement between the Council and the employees. The Commission's decision was based on its finding that the agreement met all the necessary requirements for certification under the Fair Work Act.

Orders

Orders of the court

The Winton Shire Council Certified Agreement 2023 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

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