QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the making of the Ipswich City Council Officers' Certified Agreement 2018 [2019] QIRC 013 |
PARTIES: | Ipswich City Council and The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Queensland Services, Industrial Union of Employees |
CASE NO: | CB/2018/198 |
PROCEEDING: | Certification of an agreement |
DELIVERED ON: | 18 January 2019 |
HEARING DATE: | 18 January 2019 |
MEMBER: | Thompson IC |
HEARD AT: | Brisbane |
ORDER: | 1. The Ipswich City Council Officers' Certified Agreement 2018 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 N. Todd of Peak Services for the Ipswich City Council Mr T. Murray of Queensland Services, Industrial Union of Employees |
Reasons for Decision
The Ipswich City 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 Ipswich City Council and the following employee organisations:
·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and
·Queensland Services, Industrial Union of Employees.
The agreement has been signed by all parties to the agreement.1
The agreement is to apply to the Ipswich City Council and all of its employees for whom classifications and rates of pay are prescribed in the agreement.
In proceedings on 18 January 2019 the Commission as presently constituted certified the agreement.
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
The agreement operates from the day it was certified, namely 18 January 2019.5 Although the nominal expiry date of the agreement is on 1 October 2021 the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.
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).
The application to certify the Ipswich City Council Officers' Certified Agreement 2018 is granted.
I make the following order:
1. Ipswich City Council Officers' Certified Agreement 2018 is certified.
- AGLC
- In the making of the Ipswich City Council Officers' Certified Agreement 2018 [2019] QIRC 13
- Case
- [2019] QIRC 13
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the agreement was genuinely negotiated, covered a range of employees and employers, and contained appropriate dispute resolution mechanisms. Additionally, the Commission had to determine if the agreement included minimum workplace terms and conditions as required by the Act.
The Fair Work Commission found that the agreement was genuinely negotiated and covered a range of employees and employers, as it was concluded after negotiations between the council and the union. The agreement was comprehensive, covering key terms and conditions of employment. Furthermore, the Commission determined that the dispute resolution mechanisms included in the agreement were appropriate and in line with the Act. The agreement also contained the minimum terms and conditions required by law. Based on these findings, the Commission certified the Ipswich City Council Officers' Certified Agreement 2018.
Consequently, the Fair Work Commission certified the Ipswich City Council Officers' Certified Agreement 2018, making it legally binding for the parties involved. This certification ensured that the agreement would provide a stable framework for the terms and conditions of employment for the council's officers, in line with the statutory requirements under the Fair Work Act 2009.
Orders
Orders of the court
1. The Ipswich City Council Officers' Certified Agreement 2018 is certified.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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