In the making of the Youth Detention Centre Certified Agreement 2019
[2020] QIRC 124
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- Unreported Judgment
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 EmployeesThe Australian Workers' Union, QueenslandUnited 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: |
|
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.
- [3]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:
- Youth Detention Centre Employees Award – State 2016;
- General Employees (Queensland Government Departments) and other Employees Award – State 2015; and
- The employee organisations named above at [2].
- [4]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.
- [5]The application to certify the Youth Detention Centre Certified Agreement 2019 is granted.
- [6]The Youth Detention Centre Certified Agreement 2019 operates from the day it is certified, namely 27 August 2020.
- [7]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.
- [8]I make the following order:
- The Youth Detention Centre Certified Agreement 2019 is certified.