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Queensland Judgments
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  • Unreported Judgment

In the making of the Transport and Main Roads Operational Employees' Certified Agreement 2019

 

[2020] QIRC 158

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Transport and Main Roads Operational Employees' Certified Agreement 2019 [2020] QIRC 158

PARTIES:

State of Queensland (Department of Transport and Main Roads)

(Applicant)

v

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees

(First Respondent)

&

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

(Second Respondent)

&

The Australian Workers' Union of Employees, Queensland

(Third Respondent)

&

The Electrical Trades Union of Employees Queensland

(Fourth Respondent)

&

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

(Fifth Respondent)

&

Together Queensland, Industrial Union of Employees

(Sixth Respondent)

CASE NO:

CB/2020/68

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

3 September 2020

MEMBER:

Knight IC

HEARD AT:

On the papers

ORDER:

  1. The Transport and Main Roads Operational Employees' 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

Reasons for Decision

  1. [1]
    The State of Queensland (Department of Transport and Main Roads) ("the Applicant") has applied to certify the Transport and Main Roads Operational Employees' Certified Agreement 2019 ("the certified agreement"), pursuant to s 189[1] of the Industrial Relations Act 2016 ("the Act").
  1. [2]
    Pursuant to s 952S(2) of the Act, the application must be decided without a hearing.
  1. [3]
    I have had regard to the material filed in support of the application, including the affidavits of Mr Neil Scales, Director-General, Department of Transport and Main Roads, each affirmed on 26 August 2020.
  1. [4]
    As required by s 189(3) of the Act, the application was made within 21 days of the date on which the certified agreement was signed.
  1. [5]
    The parties bound by this certified agreement are:
  • State of Queensland (Department of Transport and Main Roads);
  • Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees;
  • Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
  • The Australian Workers' Union of Employees, Queensland;
  • The Electrical Trades Union of Employees Queensland;
  • Transport Workers' Union of Australia, Union of Employees (Queensland Branch); and
  • Together Queensland, Industrial Union of Employees.
  1. [6]
    The certified agreement applies to operational employees of the Department of Transport and Main Roads covered by the awards listed at cl 1.3 therein.
  1. [7]
    While s 952W of the Act excludes the application of s 196 of the Act, I note that the agreement has been signed for and by all parties to the agreement.
  1. [8]
    In certifying the agreement, I am satisfied that each relevant requirement pursuant to ch 4, pt 5, div 2, sub-div 2 (as modified by ch 15A) of the Act has been discharged.
  1. [9]
    I note that s 952Y of the Act operates so that the provisions of ch 4, pt 5, div 2, sub-div 3 do not apply.

[7]  The certified agreement operates from the day it is certified, namely 3 September 2020.[2]

[8]  Although the nominal expiry date of the certified agreement is 31 August 2022, it continues to operate until it is terminated.[3]

[9] I make the following order:

  1. The Transport and Main Roads Operational Employees' Certified Agreement 2019 is certified.

Footnotes

[1] As modified by s 952R of the Act.

[2] s 216(1) of the Act.

[3] ss 227 and 228 of the Act.

Close

Editorial Notes

  • Published Case Name:

    In the making of the Transport and Main Roads Operational Employees' Certified Agreement 2019

  • Shortened Case Name:

    In the making of the Transport and Main Roads Operational Employees' Certified Agreement 2019

  • MNC:

    [2020] QIRC 158

  • Court:

    QIRC

  • Judge(s):

    Member Knight IC

  • Date:

    03 Sep 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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