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Queensland Judgments
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  • Unreported Judgment

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. [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').
  1. [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. [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:
  1. Youth Detention Centre Employees Award – State 2016;
  1. General Employees (Queensland Government Departments) and other Employees Award – State 2015; and
  • The employee organisations named above at [2].
  1. [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.
  1. [5]
    The application to certify the Youth Detention Centre Certified Agreement 2019 is granted.
  1. [6]
    The Youth Detention Centre Certified Agreement 2019 operates from the day it is certified, namely 27 August 2020.
  1. [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.
  1. [8]
    I make the following order:
  1. The Youth Detention Centre Certified Agreement 2019 is certified.
Close

Editorial Notes

  • Published Case Name:

    In the making of the Youth Detention Centre Certified Agreement 2019

  • Shortened Case Name:

    In the making of the Youth Detention Centre Certified Agreement 2019

  • MNC:

    [2020] QIRC 124

  • Court:

    QIRC

  • Judge(s):

    Member Dwyer IC

  • Date:

    27 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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