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Queensland Judgments
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  • Unreported Judgment

In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019

 

[2019] QIRC 200

 

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

 

CITATION: 

In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019 [2019] QIRC 200

PARTIES: 

Northern Peninsula Area Regional Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2019/127

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

20 December 2019

HEARING DATE:

20 December 2019

HEARD AT:

Brisbane

MEMBER:

Merrell DP

ORDER:

The Northern Peninsula Area Regional Council 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, s 189, s 227 and s 228

APPEARANCES:

Ms S. Mitanis of Local Government Association Queensland for the Northern Peninsula Area Regional Council

Ms M. Robertson for Queensland Services, Industrial Union of Employees

Reasons for Decision

  1. [1]
    On 2 December 2019, the Northern Peninsula Area Regional Council ('the Applicant'), pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Northern Peninsula Area Regional Council Certified Agreement 2019 ('the agreement').
  1. [2]
    By cl 4 of the agreement, the named parties are the Applicant and the following employee organisations:
  • The Australian Workers' Union of Employees, Queensland; and
  • Queensland Services, Industrial Union of Employees.
  1. [3]
    The agreement is signed by all the above-mentioned parties.
  1. [4]
    The agreement covers:
  • the Applicant;
  • the Applicant's employees referred to in sub-cl 5.1 of the agreement; and
  • the employee organisations referred to in paragraph [2] of these reasons.
  1. [5]
    Having regard to the submissions made by the parties who appeared today and to the affidavit of Mr Graeme Gillam, Chief Executive Officer of the Applicant, filed on 2 December 2019:
  • I am satisfied of each relevant requirements 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. [6]
    The application to certify the Northern Peninsula Area Regional Council Certified Agreement 2019 is granted.
  1. [7]
    The Northern Peninsula Area Regional Council Certified Agreement 2019 operates from the day it is certified, namely 20 December 2019.
  1. [8]
    Although the nominal expiry date of the Northern Peninsula Area Regional Council Certified Agreement 2019 is 20 December 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.
  1. [9]
    I make the following order:

The Northern Peninsula Area Regional Council is certified.

Close

Editorial Notes

  • Published Case Name:

    In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019

  • Shortened Case Name:

    In the making of the Northern Peninsula Area Regional Council Certified Agreement 2019

  • MNC:

    [2019] QIRC 200

  • Court:

    QIRC

  • Judge(s):

    Merrell DP

  • Date:

    20 Dec 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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