In the termination of Bulloo Shire Council Operational Employees Certified Agreement 2018

[2022] QIRC 82

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of Bulloo Shire Council Operational Employees Certified Agreement 2018 [2022] QIRC 082

PARTIES:

Bulloo Shire Council

AND

Construction, Forestry, Mining and Energy, Industrial Union of Employees (CFMEU) Queensland & Northern Territory Branch

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2022/21

PROCEEDING:

Application for termination of an Agreement

DELIVERED ON:

14 March 2022

HEARING DATE: 

14 March 2022

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The Bulloo Shire Council Operational Employees Certified Agreement 2018 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for termination of a certified agreement after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 189, 228

APPEARANCES:

Ms S Mitanis of MBA Lawyers for the Bulloo Shire Council

Mr P Dunbar of the Construction, Forestry, Mining and Energy, Industrial Union of Employees (CFMEU) Queensland & Northern Territory Branch

Mr G Taylor of the Australian Workers' Union

Reasons for Decision

1. On 24 February 2022, the Bulloo Shire Council ('the Council') applied to terminate the Bulloo Shire Council Operational Employees Certified Agreement 2018 ('the agreement') pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act').

2. The agreement has a nominal expiry date of 30 June 2021.

3. Section 228(3) of the IR Act provides:

   (3)     The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and—

   (a)for an agreement or determination that provides that it may be terminated if particular conditions are met-the conditions have been met; or

   (b)for an agreement or determination that does not provide for the way it may be terminated—

   (i)the other parties to the agreement or determination agree to it being terminated; and

   (ii)termination of the agreement or determination is not contrary to the public interest.

4. In making my decision I have had regard to s 228(3), the submissions made by the parties who appeared at the hearing today and the affidavit of Mr Amer Tawfik, Chief Executive Officer of the Council, filed on 24 February 2022.

5. The agreement does not provide that particular conditions need to be met before it may be terminated.

6. On 24 February 2022, the Council notified the other parties to the agreement of its intention to terminate the agreement. Those parties are:

   ·The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland ('CFMEUQ'); and

   ·The Australian Workers' Union of Employees, Queensland ('AWU').

1. I am satisfied the Council has provided the requisite notice of its intention to apply to terminate the agreement.

2. The CFMEUQ and AWU appeared today and consented to the present application. No other person appeared or sought to make submissions. I am satisfied that all parties to the agreement agree to it being terminated, and the termination of the agreement is not contrary to the public interest.

3. On 24 February 2022, the Council made an application under s 189 of the IR Act to certify the Bulloo Shire Council Operational Employees Certified Agreement 2021.[1]

   [1] In the making of the Bulloo Shire Council Operational Employees Certified Agreement 2021 [2022] QIRC 083.

4. The Council and the employee organisations listed at [6] above have agreed to the terms of the Bulloo Shire Council Operational Employees Certified Agreement 2021 which will replace the agreement.

5. Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect.

6. I approve the termination of the Bulloo Shire Council Operational Employees Certified Agreement 2018 with effect from today's date, being 14 March 2022.

7. I make the following order:

   The Bulloo Shire Council Operational Employees Certified Agreement 2018 is terminated.