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In the making of the Torres Strait Island Regional Council Certified Agreement 2024[2025] QIRC 253

In the making of the Torres Strait Island Regional Council Certified Agreement 2024[2025] QIRC 253

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Torres Strait Island Regional Council Certified Agreement 2024 [2025] QIRC 253

PARTIES:

Torres Strait Island Regional Council

AND

Queensland Services, Industrial Union of Employees

AND

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2025/102

PROCEEDING:

Application for certification of an Agreement

DELIVERED ON:

19 September 2025

HEARING DATE:

19 September 2025

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

The Torres Strait Island Regional Council Certified Agreement 2024 is certified.

CATCHWORDS:

INDUSTRIAL LAW – application for certification of an Agreement – requirements for certification – Agreement certified

LEGISLATION:

Industrial Relations Act 2016 (Qld) ch 4

APPEARANCES:

Mr A. King and Mr F. McGrath from Miller Harris Lawyers for the Torres Strait Island Regional Council 

Mr J. Donaghy for Queensland Services, Industrial Union of Employees

Mr T. Stephens for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

  1. [1]
    On 29 August 2025, the Torres Strait Island Regional Council ('the Council') made an application pursuant to s 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act') to certify the Torres Strait Island Regional Council Certified Agreement 2024 ('the Agreement').
  2. [2]
    The named parties to the Agreement are the Council and the following employee organisations:
  • Queensland Services, Industrial Union of Employees
  • 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.
  2. [4]
    Along with the Council, the Queensland Services, Industrial Union of Employees and The Australian Workers' Union of Employees, Queensland appeared today and consented to the present application.  No other person appeared or sought to make submissions.
  3. [5]
    The Agreement covers all Council employees employed in classifications contained in the awards listed in Clause 1.15 of the Agreement.
  4. [6]
    The Agreement does not apply to the employment of a senior officer, as defined in Division 2 - Section 1 - Clause 4.2 of the Queensland Local Government Industry (Stream A) Award - State 2017, employed pursuant to a written contract of employment, where:
  • The contract of employment states that the Award will not apply to the terms and conditions applicable to the employee; and
  • The terms and conditions of the contract do not result, on balance, in a reduction in the overall terms and conditions of employment that would have been applicable to the employee under the Award and Agreement.
  1. [7]
    Having regard to the submissions made by the parties who appeared at the hearing today, as well as the Affidavit of Mr Dawson Sailor, Acting Chief Executive Officer of the Council filed 29 August 2025; and the two Affidavits of Ms Susanne Andres, Executive Director, Corporate Services of the Council filed 18 September 2025:
  • I am satisfied of each relevant requirement in ch 4 pt 5 div 2 sub-div 2 of the IR 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 IR Act.
  1. [8]
    The application to certify the Agreement is granted. The Agreement operates from the day it is certified, which is 19 September 2025.
  2. [9]
    Although the nominal expiry date of the Agreement is 7 September 2026, it continues to operate until it is terminated under the IR Act.
  3. [10]
    I make the following order:

The Torres Strait Island Regional Council Certified Agreement 2024 is certified.

Close

Editorial Notes

  • Published Case Name:

    In the making of the Torres Strait Island Regional Council Certified Agreement 2024

  • Shortened Case Name:

    In the making of the Torres Strait Island Regional Council Certified Agreement 2024

  • MNC:

    [2025] QIRC 253

  • Court:

    QIRC

  • Judge(s):

    McLennan IC

  • Date:

    19 Sep 2025

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

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Cases Citing

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1

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