Brisbane City Council Enterprise Bargaining Certified Agreement 2010 [2013] QIRC 103

CITATION: Brisbane City Council Enterprise Bargaining Certified Agreement 2010 (CA/2013/59) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 176 - requirements for other industrial action by an employee organisation or employees Australian Rail, Tram and Bus Industry Union of Employees, Queensland AND Brisbane City Council (CA/2013/59) BRISBANE CITY COUNCIL ENTERPRISE BARGAINING CERTIFIED AGREEMENT 2010 COMMISSIONER FISHER 22 July 2013 DECISION [1] This is an application filed on 18 July 2013, pursuant to s. 176 of the Industrial Relations Act 1999 (the Act) by the Australian Rail, Tram and Bus Industry Union of Employees, Queensland (ARTBU) for an extension of time for protected action to take place in relation to certain employees of the Brisbane City Council until 7 September 2013. The application states that the current Protected Action Ballot Order issued by the Queensland Industrial Relations Commission (the Commission) as constituted on 11 June 2013, Brisbane City Council Enterprise Bargaining Certified Agreement 20101 expires on 8 August 2013. [2] Mr O. Heather, Principal - Workplace Relations, Workplace Relations, Human Resources Branch, Organisational Services, Brisbane City Council advised in writing that the Brisbane City Council does not oppose the application. [3] In the circumstances the Commission has decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing. [4] Section 176(3)(e) of the Act provides that industrial action is authorised by a protected action ballot if it starts during the 30-day period starting on the day the results of the ballot are declared or during the extended period if the Commission has extended the period under subsection (7). Section 176(7) provides that the Commission may extend the 30-day period mentioned in s. 176(3)(e) by not more than 30 days if an application is made and the period has not previously been extended. [5] The ballot was declared on 9 July 2013 and thus, counting that day as required by s. 176(3)(e)(i), the 30-day period expires on 7 August 2013. [6] The ARTBU has properly applied for the extension and the period has not previously been extended. Accordingly, the Commission is satisfied that the requirements of s. 176(7) of the Act have been met. The period during which industrial action is authorised by protected action ballot is extended by a further period of 30 days. The date of expiry of the period is 6 September 2013. [7] Order accordingly. G.K. FISHER, Commissioner. Released: 22 July 2013 1 Brisbane City Council Enterprise Bargaining Certified Agreement (CA/2013/43), CA/2013/45), (CA/2013/48) - Decision and Orders <http://www.qirc.qld.gov.au> -- 1 of 1 --