In the termination of TAFE Queensland Educators Certified Agreement 2019

[2023] QIRC 349

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of TAFE Queensland Educators Certified Agreement 2019 [2023] QIRC 349

PARTIES:

State of Queensland (TAFE Queensland)

AND

Queensland Teachers Union of Employees

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2023/130

PROCEEDING:

Application for termination of an Agreement

DELIVERED ON:

4 December 2023

HEARING DATE: 

4 December 2023

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The TAFE Queensland Educators Certified Agreement 2019 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 P Silvestri and Ms K Rattle for State of Queensland (TAFE Queensland)

Mr B Crotty, Mr D Terauds and Mr C Wood for the Queensland Teachers Union of Employees

Mr S Fanayan for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. On 14 November 2023, State of Queensland (TAFE Queensland) ('TAFE Queensland') applied to terminate the TAFE Queensland Educators Certified Agreement 2019 ('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 2023.

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 John Tucker, Chief Executive Officer, filed on 14 November 2023.

5. On 6 November 2023, TAFE Queensland notified the other parties to the agreement of its intention to terminate the agreement. Those parties are:

   ·Together Queensland, Industrial Union of Employees ('TQU'); and

   ·Queensland Teachers Union of Employees ('QTU').

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

2. The QTU and TQU 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 14 November 2023, TAFE Queensland made an application under s 189 of the IR Act to certify the TAFE Queensland Educators Certified Agreement 2023.[1]

   [1] In the making of the TAFE Queensland Educators Certified Agreement 2023 [2023] QIRC 350.

4. TAFE Queensland and the employee organisations listed at [5] above have agreed to the terms of the TAFE Queensland Educators Certified Agreement 2023 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 TAFE Queensland Educators Agreement 2019 with effect from today's date, being 4 December 2023.

7. I make the following order:

   The TAFE Queensland Educators Agreement 2019 is terminated.