David Mitchell (NSW) Pty Ltd v The Australian Workers’ Union of Employees, Queensland [2003] QIRC 116 (2003) 173 QGIG 674

674 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 27 June, 2001 ######################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 156 – application for approval of certified agreement David Mitchell (NSW) Pty Ltd AND The Australian Workers’ Union of Employees, Queensland (No. CA 200 of 2003) LIMESTONE QUARRY AND PROCESSING DAVID MITCHELL (NSW) PTY LTD CERTIFIED AGREEMENT 2003 COMMISSIONER BLADES 17 June 2003 REPORT ON DECISION (as edited) In giving his Decision from the Bench on 16 June 2003, Commissioner Blades said: “Clause 1.3 of the Agreement reads: ‘The Agreement shall come into force from the first day of January 2003 and remain in force for a period of three years until December 31, 2006.’. It is obvious, therefore, that the nominal expiry date of the Agreement is a period in excess of three years and in breach of the provisions of section 156(1)(e) of the Industrial Relations Act 1999, which requires that an agreement have an expiry date no later than 3 years after the date on which the Agreement will come into operation, that is, from the date it is certified. However, it is also obvious that the date 31 December 2006 is a typographical error made clear by the remaining words of clause 1.3. It therefore falls within the provisions of section 151(3) which authorises an amendment for a formal or clerical reason without resubmitting the Agreement to a vote. I therefore order that the Agreement be amended by deleting 31 December 2006 and inserting, in lieu, 31 December 2005.”. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Hearing Date: 2003 16 June Released: 17 June 2003 Appearances: Mr P. Knight, Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers, for the Applicant. Ms P. Krarup for The Australian Workers’ Union of Employees, Queensland. -- 1 of 1 --