In the making of the Youth Detention Centre Certified Agreement 2023

[2023] QIRC 356

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Youth Detention Centre Certified Agreement 2023 [2023] QIRC 356

PARTIES:

State of Queensland (Department of Youth Justice, Employment, Small Business and Training)

AND

Together Queensland, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

United Workers' Union, Industrial Union of Employees, Queensland

CASE NO.:

CB/2023/139

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

7 December 2023

HEARING DATE:

7 December 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The Youth Detention Centre 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 and 228

APPEARANCES:

Mr P Hunter and Mr C. Bunkum for the Department of Youth Justice, Employment, Small Business and Training

Ms S. Schinnerl for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

1. On 21 November 2023, the State of Queensland (Department of Youth Justice, Employment, Small Business and Training) ('the Department') filed an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Youth Detention Centre Certified Agreement 2023 ('the agreement').

2. The named parties to the agreement are the Department and the following employee organisations:

(a)Together Queensland, Industrial Union of Employees;

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

(c)United Workers' Union, Industrial Union of Employees, Queensland.

1. As required by s 189(3) of the IR Act, the application was made within 21 days of the date on which the agreement was signed by the parties.

2. The parties bound by the agreement are:[1]

   (a)The State of Queensland;

   (b)Employees employed by the State of Queensland in Youth Detention Centres in the Department of Youth Justice, Employment, Small Business and Training to whom the following Awards apply:

   [1]Youth Detention Centre Certified Agreement 2023, cl 1.2.

(i)      Youth Detention Centre Employees Award – State 2016;

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

(c)Together Queensland, Industrial Union of Employees; The Australian Workers' Union of Employees, Queensland; and United Workers’ Union, Industrial Union of Employees, Queensland.

1. Having regard to the submissions made by the parties who appeared at the hearing of the matter on 7 December 2023, and the material filed, I am satisfied that:

(a)each relevant requirement under Ch 4, Pt 5, Sub-Div.2 of the IR Act has been satisfied; and

(b)there is nothing in the agreement which would require the Commission to refuse to grant the application under Ch 4, Pt 5, Sub-Div.3 of the IR Act.

1. Accordingly, the application to certify the Youth Detention Centre Certified Agreement 2023 is granted.

2. The Youth Detention Centre Certified Agreement 2023 operates from the date it was certified, namely 7 December 2023.

1. Although the nominal expiry date of the Youth Detention Centre Certified Agreement 2023 is 31 July 2026 the agreement will continue to operate until it is terminated under ss 227 or 228 of the IR Act.

1. I make the following order:

The Youth Detention Centre Certified Agreement 2023 is certified.