In the termination of Richmond Shire Council Certified Agreement 2018

[2025] QIRC 102

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of Richmond Shire Council Certified Agreement 2018 [2025] QIRC 102

PARTIES:

Richmond Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2025/9

PROCEEDING:

Application for termination of an Agreement

DELIVERED ON:

17 April 2025

HEARING DATE:

15 April 2025

MEMBER:

HEARD AT:

ORDER:

Knight IC

Brisbane

The Richmond Shire Council 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) s 189, s 228

APPEARANCES:

Mr C. Lowe, Peak Services, for Richmond Shire Council

Mr J. Dougall for Queensland Services, Industrial Union of Employees

Ms C. Taylor for Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 4 March 2025 the Richmond Shire Council ('the Council') applied to terminate the Richmond Shire Council 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.

1. 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.

2. In making my decision I have had regard to s 228(3), the submissions made by the parties who appeared at the hearing on 15 April 2025, the affidavit of Peter Bennett, filed on 4 March 2025 and the Notice of Intention to terminate a Certified Agreement.

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

4. On 4 March 2025, the Council notified the other parties to the agreement of its intention to terminate the agreement. Those parties are:

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

·Queensland Services, Industrial Union of Employees ('QSU')

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

2. The Council, AWU and QSU appeared at the hearing and consented to the present application.

3. 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.

1. On 4 March 2025 Council made an application under s 189 of the IR Act to certify the Richmond Shire Council Certified Agreement 2022.

2. The Council and the employee organisations listed at [6] above have agreed to the terms of the Richmond Shire Council Certified Agreement 2022 which will replace the agreement.

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

4. I approve the termination of the Richmond Shire Council Certified Agreement 2018 with effect from 15 April 2025. 

5. I make the following order:

The Richmond Shire Council Certified Agreement 2018 is terminated.