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In the making of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018[2019] QIRC 157

In the making of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018[2019] QIRC 157

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: 

In the making of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 [2019] QIRC 157

PARTIES: 

Rockhampton Regional Council

and

The Australian Workers’ Union of Employees Queensland

CASE NO:

CB/2019/87

PROCEEDING:

Application for certification of an agreement

DELIVERED ON:

25 October 2019

HEARING DATE:

25 October 2019

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

  1. The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 is certified.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Ms S. Mitanis of the Local Government Association Queensland on behalf of the Rockhampton Regional Council

Ms S. Young of The Australian Workers’ Union of Employees Queensland

Reasons for Decision

  1. [1]
    The Rockhampton Regional Council has made an application to certify an agreement pursuant to s 189 of the Industrial Relations Act 2016 ("the Act"). As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was signed.
  1. [2]
    The agreement is made between the Rockhampton Regional Council and The Australian Workers’ Union of Employees Queensland.
  1. [3]
    The Commission is satisfied that all parties have agreed on the terms of the agreement, which were approved by a valid majority of relevant employees in a properly conducted ballot. The application for certification was made within a reasonable time after the proposed agreement was approved.
  1. [4]
    The agreement shall apply to persons employed at Rockhampton Regional Council’s treatment plant.
  1. [5]
    In certifying the agreement, the Commission has regard to the submissions of the parties and the affidavit of Mr. Evan Anthony Pardon, Chief Executive Officer of Rockhampton Regional Council, sworn 2 September 2019.
  1. [6]
    The Commission determines that each relevant requirement under sub-div 2 of div 2 of pt 5 of the Act has been satisfied. Further, there is nothing in the agreement which would require the Commission to refuse to grant the application under sub-div 3 of div 2 of pt 5 of the Act.
  1. [7]
    The agreement operates from the day it is certified, namely 25 October 2019 and, although the nominal expiry date of the agreement is 1 July 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act. 
  1. [8]
    The application to certify the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 is granted.
  1. [9]
    I make the following order:
  1. The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 is certified.
Close

Editorial Notes

  • Published Case Name:

    In the making of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018

  • Shortened Case Name:

    In the making of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018

  • MNC:

    [2019] QIRC 157

  • Court:

    QIRC

  • Judge(s):

    Member McLennan IC

  • Date:

    25 Oct 2019

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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