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Queensland Judgments
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  • Unreported Judgment

In the making of the Queensland Public Health Sector Certified Agreement (No 10) 2019

 

[2020] QIRC 118

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Queensland Public Health Sector Certified Agreement (No. 10) 2019 [2020] QIRC 118

PARTIES:

State of Queensland (Queensland Health)

and

Office of the Health Ombudsman

and

Health and Wellbeing Queensland

and

Queensland Mental Health Commission

and

Queensland Nurses and Midwives' Union of Employees

and

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

and

The Australian Workers' Union of Employees, Queensland

and

Together Queensland, Industrial Union of Employees

and

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

and

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2020/51

PROCEEDING:

Certification of Agreement

DELIVERED ON:

13 August 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

The Queensland Public Health Sector Certified Agreement (No. 10) 2019 is certified.

CATCHWORDS:

INDUSTRIAL LAW COLLECTIVE BARGAINING – application for certification of an agreement – requirements for certification – agreement certified.

LEGISLATION:

Industrial Relations Act 2016

Reasons for Decision

  1. [1]
    On 7 August 2020, the State of Queensland (Queensland Health), pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"), made an application to certify the Queensland Public Health Sector Certified Agreement (No. 10) 2019 ("the agreement").
  1. [2]
    The named parties to the agreement are:
  • State of Queensland (Queensland Health);
  • Office of the Health Ombudsman;
  • Health and Wellbeing Queensland;
  • Queensland Mental Health Commission;
  • Queensland Nurses and Midwives' Union of Employees;
  • The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;
  • The Australian Workers' Union of Employees, Queensland;
  • Together Queensland, Industrial Union of Employees;
  • Transport Workers' Union of Australia, Union of Employees (Queensland Branch); and
  • United Voice, Industrial Union of Employees, Queensland.
  1. [3]
    The agreement is signed by all the abovementioned parties.
  1. [4]
    The agreement applies to:
  1. (a)
    the employer parties to the agreement listed in cl 1.3 and their employees for whom classifications and rates of pay are prescribed by the agreement; and
  1. (b)
    the Queensland Ambulance Service established in accordance with the Ambulance Service Act 1991 (Qld) and the employees who are employed by the Director-General of the Queensland Health department under the Public Service Act 2008 (Qld), engaged within the Queensland Ambulance Service, covered by this agreement and for whom classification and rates of pay are prescribed by the agreement.
  1. [5]
    The application is accompanied by a copy of the agreement signed by each party.
  1. [6]
    Affidavits were filed on 7 August 2020 by:
  • Ms Theresa Hodges, Chief Human Resources Officer, Human Resources Branch, State of Queensland (Queensland Health);
  • Mr Mark Tuohy, Chief Operating Officer, Health and Wellbeing Queensland;
  • Mr Michael Corne, Business Manager, Corporate Governance and Service Delivery, Queensland Mental Health Commission; and
  • Mr Andrew Stewart, Principal Human Resources Officer, Human Resources Team, Corporate & Strategic Services Division, Office of the Health Ombudsman.
  1. [7]
    Having regard to the abovementioned affidavits:
  • 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. [8]
    The application to certify the Queensland Public Health Sector Certified Agreement (No. 10) 2019 is granted.
  1. [9]
    The Queensland Public Health Sector Certified Agreement (No. 10) 2019 operates from the day it is certified, namely 13 August 2020.
  1. [10]
    Although the nominal expiry date of the Queensland Public Health Sector Certified Agreement (No. 10) 2019 is 31 August 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.
  1. [11]
    I make the following order:

The Queensland Public Health Sector Certified Agreement (No. 10) 2019 is certified.

Close

Editorial Notes

  • Published Case Name:

    In the making of the Queensland Public Health Sector Certified Agreement (No 10) 2019

  • Shortened Case Name:

    In the making of the Queensland Public Health Sector Certified Agreement (No 10) 2019

  • MNC:

    [2020] QIRC 118

  • Court:

    QIRC

  • Judge(s):

    Knight IC

  • Date:

    13 Aug 2020

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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