In the termination of Department of Education Cleaners' Certified Agreement 2018

[2023] QIRC 157

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of Department of Education Cleaners' Certified Agreement 2018 [2023] QIRC 157

PARTIES:

State of Queensland (Department of Education)

AND

United Workers' Union, Industrial Union of Employees, Queensland

CASE NO:

CB/2023/48

PROCEEDING:

Application for termination of an Agreement

DELIVERED ON:

30 May 2023

HEARING DATE: 

30 May 2023

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The Department of Education Cleaners' 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 E Rutherford and Ms H McAuliffe for the State of Queensland (Department of Education)

Ms S Caddie and Mr M De Rooy for United Workers' Union, Industrial Union of Employees, Queensland

Reasons for Decision

1. On 30 May 2023, the State of Queensland (Department of Education) ('the Department') applied to terminate the Department of Education Cleaners' 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 31 August 2022

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 Helen McAuliffe, Director, Enterprise Bargaining, filed on 15 May 2023.

5. On 15 May 2023, the Department notified the United Workers' Union, Industrial Union of Employees, Queensland ('UWU') of its intention to terminate the agreement.

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

2. The Department and UWU 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 15 May 2023, the Department made an application under s 189 of the IR Act to certify the Department of Education Cleaners' Certified Agreement 2022.[1]

   [1] In the making of the Department of Education Cleaners' Certified Agreement 2022 [2023] QIRC 158.

4. The Department and the UWU have agreed to the terms of the Department of Education Cleaners' Certified Agreement 2022 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 Department of Education Cleaners' Certified Agreement 2018 with effect from today's date, being 30 May 2023.

7. I make the following order:

   The Department of Education Cleaners' Certified Agreement 2018 is terminated.