In the making of the Youth Detention Centre Certified Agreement 2019

[2020] QIRC 124

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:     

In the making of the Youth Detention Centre Certified Agreement 2019 [2020] QIRC 124

PARTIES:       

State of Queensland (Department of Youth Justice)

AND

Together Queensland, Industrial Union of Employees

The Australian Workers' Union, Queensland

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2020/56

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

27 August 2020

HEARING DATE: 

27 August 2020

HEARD AT:

On the papers

MEMBER:

Industrial Commissioner Dwyer

ORDER:

1.     The Youth Detention Centre Certified Agreement 2019 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 13 August 2020, the Senior Executive Director of Youth Detention and Operations in the Department of Youth Justice, pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Youth Detention Centre Certified Agreement 2019 ('the Agreement').

2. The Agreement names the parties as the State of Queensland (Department of Youth Justice) ('the applicant') and the following employee organisations:

   ·     Together Queensland, Industrial Union of Employees;

   ·     The Australian Workers' Union of Employees, Queensland; and

   ·     United Voice, Industrial Union of Employees, Queensland.

1. Clause 1.2 of the Agreement states it is binding on:

   ·The State of Queensland;

   ·Employees employed by the State of Queensland in Youth Detention Centres in the Department of Youth Justice to whom the following Awards apply:

   i.Youth Detention Centre Employees Award – State 2016;

   ii.General Employees (Queensland Government Departments) and other Employees Award – State 2015; and

   ·The employee organisations named above at [2].

1. Having regard to the two affidavits of Darren Hegarty which were both filed 13 August 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 Youth Detention Centre Certified Agreement 2019 is granted.

2. The Youth Detention Centre Certified Agreement 2019 operates from the day it is certified, namely 27 August 2020.

3. Although the nominal expiry date of the Youth Detention Centre Certified Agreement 2019 is 31 August 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 Youth Detention Centre Certified Agreement 2019 is certified.