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In the making of the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No 3)[2018] QIRC 131

In the making of the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No 3)[2018] QIRC 131

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No. 3) [2018] QIRC 131

PARTIES:

Toowoomba Regional Council

and

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

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

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

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2018/144

PROCEEDING:

Certification of an agreement

DELIVERED ON:

12 October 2018

HEARING DATE:

12 October 2018 

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

  1. The Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No. 3) is certified.

CATCHWORDS:

INDUSTRIAL LAW – Application for certification of an agreement – Requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016,  s 189, s 193, s 195, s 196, s 197, s 198, s 199, s 200, s 201, s 204, s 205, s 206, s 207, s 208, s 209, s 216, s 227

APPEARANCES:

Ms S. Mitanis of the Local Government Association of Queensland for the Toowoomba Regional Council

Mr J. Harding for The Australian Workers' Union of Employees, Queensland

Mr B. McCreadie for the Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

Reasons for Decision

  1. [1]
    The Toowoomba Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016. As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made. The agreement is between the Toowoomba Regional Council and the following employee organisations:
  • Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
  • Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;
  • Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;
  • Queensland Nurses and Midwives' Union of Employees;
  • 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
  • United Voice, Industrial Union of Employees, Queensland.
  1. [2]
    The agreement has been signed by all parties to the agreement.[1]
  1. [3]
    The agreement is to apply to the Toowoomba Regional Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.
  1. [4]
    In proceedings on 12 October 2018 the Commission as presently constituted certified the agreement.
  1. [5]
    In certifying the agreement, the Commission recognises that:[2] each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;[3] and, that there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act.[4]
  1. [6]
    The agreement operates from the day it was certified, namely 12 October 2018.[5]  Although the nominal expiry date of the agreement is at the last pay period in June 2021 the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.
  1. [7]
    The application to certify the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No. 3) (as amended) is granted.
  1. [8]
    I make the following order:
  1. Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No. 3) is certified.

Footnotes

[1] Industrial Relations Act 2016, s 196(1).

[2] Ibid s 193(1)(a)-(b).

[3] Ibid ss 195, 196, 197, 198, 199, 200(1)(b), 201(b).

[4] Ibid ss 204, 205, 206, 207, 208, 209.

[5] Ibid s 216(a).

Close

Editorial Notes

  • Published Case Name:

    In the making of the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No 3)

  • Shortened Case Name:

    In the making of the Toowoomba Regional Council Field Based Staff Certified Agreement 2018 (No 3)

  • MNC:

    [2018] QIRC 131

  • Court:

    QIRC

  • Judge(s):

    Thompson IC

  • Date:

    12 Oct 2018

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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