In the termination of the Banana Shire Council Certified Agreement 2018

[2022] QIRC 114

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Banana Shire Council Certified Agreement 2018 [2022] QIRC 114

PARTIES:

Banana Shire Council

AND

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries, Industrial Union of Employees, Queensland

The Construction, Forestry, Mining and Energy, Union of Employees, Queensland

Plumbers and Gasfitters Employees' Union of Queensland, Union of Employees

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

The Association of Professional Engineers, Scientists and Managers Australia, Queensland Branch, Union of Employees

Queensland Nurses and Midwives Union of Employees

CASE NO:

CB/2022/25

PROCEEDING:

Termination of an agreement

DELIVERED ON:

29 March 2022  

HEARING DATE: 

29 March 2022

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

The Banana Shire Council Certified Agreement 2018 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 228

APPEARANCES:

Ms N Hope of LGAQ for Banana Shire Council

Mr D Marr and Mr P Osborne for The Australian Workers' Union of Employees, Queensland 

Mr D Murphy for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 3 March 2022, the Banana Shire Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Banana Shire Council Certified Agreement 2018 ('the certified agreement').

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

2. The application was filed in the Industrial Registry together with an affidavit in support of Mr Tom Upton, Chief Executive Officer of the Council, and a Notice of Intention to terminate a Certified Agreement.

1. Having regard to the material relied upon in support of the application, I am satisfied that:

   ·the certified agreement does not include any provisions recording that any particular conditions need be met before it may be terminated;[1]

   ·the Council has given notice of its intention to apply to terminate the certified agreement;[2]

   ·all parties to the certified agreement agree to it being terminated;[3] and

   ·the termination of the certified agreement is not contrary to the public interest.[4]

   [1] Industrial Relations Act 2016 (Qld) s 228(3).

   [2] Ibid s 228(2).

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

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

2. In this matter, an application was made to certify the Banana Shire Council Certified Agreement 2021.[5]

   [5] Filed in the Industrial Registry on 3 March 2022.

3. Accordingly, I approve the termination of the certified agreement with effect from 29 March 2022.

1. I make the following order:

1.The Banana Shire Council Certified Agreement 2018 is terminated.