Certified Agreements
About Certified Agreements
Filing Documentation for Certified Agreements
The Role of the Commission in Approving Certified Agreements
Forms for Certified Agreements
Template for an Agreement
List
of Current Certified Agreements (links to agreements & certificates
issued by the Commission)
Weekly list
of Certified Agreements filed
Contacts for Further information
A certified agreement is a written collective employment agreement that sets out the wages and working conditions for a particular group of employees. The group of employees may be the whole of a workforce or a specific group that is somehow separate and distinct. Certified agreements can cover a single workplace or be made to cover a group of associated employers.
A certified agreement may be negotiated between the employer and:
- employees working at the time; or
- union/s entitled to represent employees who will be covered by the agreement.
A certified agreement will also cover employees who commence employment after the agreement is made.
A certified agreement can "stand alone" by setting out all conditions and provisions of employment thereby effectively replacing the relevant award or it can operate in conjunction with the relevant award. For example, a certified agreement may only provide for a wage increase or change the hours, overtime and shift work conditions and the remainder of the relevant award would continue to apply.
Where there is any inconsistency between the provision of an award, an industrial agreement or an apprenticeship/traineeship order and those stated in the certified agreement, then the certified agreement prevails. Certified agreements prevail in a similar manner over a Queensland workplace agreement - unless the certified agreement provides for the Queensland workplace agreement to override its terms.
For a certified agreement to be legally binding it must be approved by the Queensland Industrial Relations Commission.
To assist parties seeking to make application for the certification of an agreement, the Commission has published a Practice Note (PN 6) to provide guidance about filing and hearing requirements for such an application.
Upon certification of an agreement, the Commission will issue a certificate.
A list of current agreements certified by the Commission with links to certificates
issued since 12 April 2004 may be viewed by clicking
here. All agreements certified as of March 2006, may be viewed
by clicking on the title of the Agreement to download the full certified agreement
with certificate.
Filing Documentation for Certified Agreements
There are a number of requirements when filing documentation for Certified Agreements. Please click on the link below to view the step by step process and the documents required.
Filing Documentation for Certified Agreements [PDF 35kB]
Rule 140 of the Industrial Relations (Tribunals) Rules prescribes that the Registrar may accept a document for filing only if the document:
Rule 140 –
(a) is on A4 (210 mm x 297 mm) paper; and
(b) is on 1 side of the page only; and
(c) is in Times New Roman font; and
(d) is in 10 point font size; and
(e) has only fully justified text; and
(f) has a 2 cm margin on each side; and
(g) has a 1.25 cm wide header, containing only the page number, in the centre of the page; and
(h) does not contain a logo or other embellishment; and
(i) is accompanied by an identical copy of the agreement on computer disk;
including:
- the name of the matter;
- a short description of the nature of the document;
- the name, address, telephone number and fax number of the party filing the document;
- if the person filing the document is a party’s agent, - a statement to that effect and the party’s address for service (form attached); and
- the address of the Registrar’s office.
This example is a guide only. To ensure that the correct format of this document is maintained it is recommended that you type rather than copy into the document to update.
Example of an Agreement [WORD 229kB]
The Role of the Commission in Approving Certified Agreements
The Queensland Industrial Relations Commission (QIRC) is an independent umpire in industrial relations matters. The QIRC, among other duties, has the responsibility of:
- establishing and maintaining an effective award system;
- resolving disputes over the making of agreements by conciliation, by recommendation and by supervision of bargaining periods; and if necessary by making orders, or by arbitration
- approving agreements.
Queensland Industrial Relations Commission procedures and practices
General information
- The QIRC is a court of record.
- The onus is on the parties to make and substantiate their case. This may entail the provision of evidence. (e.g.: submissions, documentation and exhibits, inspections and/or calling of witnesses).
- The form of the proceedings are at the discretion of the Commission,
with decisions being determined on equity, good conscience and the merits
of each case.
Commission etiquette, procedures and practices
- Be punctual and neatly dressed. If appearing, the normal standard for men includes wearing a jacket and tie, women should dress to a similar standard.
- Ensure you have all your documentation with you and it is in order.
- If you are calling witnesses, ensure they have arrived and have been briefed about procedures and etiquette.
- A transcript of all hearings is produced by the State Reporting Bureau. In order to assist the Court Reporter, the Associate will ask for the correct spelling of the names of those appearing and the organisations/parties they represent. For more information on transcripts, please click here.
- Only those actually presenting submissions sit at the bar table. The parties involved in the proceedings can be represented by an agent (e.g. employer organisation, union, consultant) who has been appointed in writing using the approved form 22. Legal representation at the QIRC is only permitted with the consent of all parties to the proceeding or by leave of the Member where special circumstances permit (see s. 319).
- When the Member’s associate enters and announces the arrival of the Member, all present stand up.
- After the Member is seated, everyone else sits down.
- The Associate will formally announce the case and the Member will call for appearances.
- Starting with the applicants and then the respondents, each party appearing
will stand and announce their appearance: For example:
“If it pleases the Commission, my name is ………………. (surname and initial). I represent ……………. Appearing with me is …………………(the names of anyone appearing with them).
- In some cases, an outside party may consider that the outcome of the proceedings may impact on them and may request the Commission’s permission to be heard as an intervene. In such cases, they will be required to explain and argue their right to be heard on the matter before submissions are presented. The actual parties to the case will have an opportunity to support or rebut any application for intervention. The Member will then determine whether or not to grant the request for leave to intervene in the case.
- The Member will ask the parties to present submissions. Each party will have the opportunity to respond to other submissions.
- At the conclusion of the hearing, the Member will hand down a decision
from the bench (i.e. indicate if the agreement has been approved) or reserve
the decision. In this latter case, the parties who appeared will be formally
notified of the outcome.
Preparation and Presentation of Submissions
- Start by outlining the background to the case. Advise whether it is the first agreement or if it is to replace an existing agreement. Advise whether the agreement has been made with unions or whether it has been made directly between the employer and the employees. Advise if it is for a project or new business or an existing business.
- Give an overview of the history of the negotiations and consultation that occurred between the parties and demonstrate the “valid majority” requirements were met.
- Discuss benefits, including pay increases and establish that the “no disadvantage” test is satisfied (s. 160).
- Cover other information as is required under s. 156 and the relevant regulations (i.e. outline the clause number for grievance procedures) to substantiate your case.
- Finally, request the Commission to certify the agreement.
Forms for Certified Agreements
Click on the form you require in either Word or PDF format. To view a PDF document, you will need the Adobe Acrobat Reader.
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Form 32 - Application for determination of designated award for certified agreements and QWAs |
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Form 40 - Application for certification of agreement |
- If you need assistance with information about an agreement such as conditions of employment, including rates of pay and other entitlements, or you are unsure which agreement you are covered by, contact:
Your employer association or union, if you are a member of one; or
Wageline
- All agreements certified as of March 2006, can now be downloaded from this
website please click here.
- If you wish to purchase a copy of a certified agreement, contact:
IRIS Award Sales
Tel: (07) 322 52307
or by email:iris@deir.qld.gov.au
- If you need assistance with lodging an agreement with the Industrial
Registry for certification by the Commission, contact:
Industrial Registry
Tel: (07) 3227 8060