QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:		
In the making of the Cloncurry Shire Council Certified Agreement 2019 [2020] QIRC 183
	
PARTIES:	
	Cloncurry Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees
	
CASE NO:
	CB/2020/77
	
PROCEEDING:
	Application for certification of an agreement
	
DELIVERED ON:
	21 October 2020	
HEARING DATE: 
	21 October 2020	
HEARD AT:
	On the papers	
MEMBER:
	Industrial Commissioner Dwyer	
ORDER:
	1.	The Cloncurry Shire Council Certified Agreement 2019 is certified.
	
CATCHWORDS:	INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for certification of an agreement – Requirements for certification – Agreement certified
	
LEGISLATION:	Industrial Relations Act 2016

Industrial Relations (Tribunals) Rules 2011

Reasons for Decision

[1]	On 29 September 2020, the Chief Executive Officer of the Cloncurry Shire Council pursuant to s 189 of the Industrial Relations Act 2016 ('the Act'), made an application to certify the Cloncurry Shire Council Certified Agreement 2019 ('the Agreement').

[2]	The Agreement names the parties as being the Cloncurry Shire Council and the following employee organisations:

•	The Australian Workers' Union of Employees, Queensland; and

•	Queensland Services, Industrial Union of Employees

[3]	Clause 1.2 of the Agreement states it is binding on:

•	The Cloncurry Shire Council;

•	Its employees subject to the Agreement; and

•	The employee organisations named above at [2].

[4]	Having regard to the affidavit of David Jacobus Bezuidenhout which was filed 29 September 2020:

•	I am satisfied of each relevant requirement in ch 4, pt 5, div 2, sub-div 2 of the 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 Act. 

[5]	The application to certify the Cloncurry Shire Council Certified Agreement 2019 is granted.

[6]	The Cloncurry Shire Council Certified Agreement 2019 operates from the day it is certified, namely 21 October 2020.

[7]	Although the nominal expiry date of the Cloncurry Shire Council Certified Agreement 2019 is 30 June 2022, it continues to operate until it is terminated under s 227 or s 228 of the Act.

[8]	I make the following order:

1.	The Cloncurry Shire Council Certified Agreement 2019 is certified.