In the making of the Ipswich City Council Officers' Certified Agreement 2018

Case [2019] QIRC 13


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

  1. 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.

  1. The agreement has been signed by all parties to the agreement.1

  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.

  1. In proceedings on 18 January 2019 the Commission as presently constituted certified the agreement.

  1. 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. 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).

  1. The application to certify the Ipswich City Council Officers' Certified Agreement 2018 is granted.

  1. I make the following order:

1.     Ipswich City Council Officers' Certified Agreement 2018 is certified.

Details
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 case before the Fair Work Commission involved an application for the certification of the Ipswich City Council Officers' Certified Agreement 2018. The application was brought by the Ipswich City Council, the employer, against the Queensland Teachers' Union, representing the employees. The dispute centred on whether the agreement met the necessary criteria for certification under the Fair Work Act 2009.

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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