In the termination of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 - 2021

[2021] QIRC 409

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 - 2021 [2021] QIRC 409

PARTIES:

Barcoo Shire Council

AND

Australian Workers' Union of Employees, Queensland

The Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland

CASE NO:

CB/2021/53

PROCEEDING:

Termination of an agreement

DELIVERED ON:

1 December 2021

HEARING DATE: 

1 December 2021

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 - 2021 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 189, 228

APPEARANCES:

Mr K Hunt and Mr P Hockings for Barcoo Shire Council

Mr D Marr for Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 21 October 2021, Barcoo Shire Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 ('the certified agreement').

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

1. Section 228(3) of the 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.

1. I have had regard to:

   ·The submissions made by the parties who appeared today; and

   ·The Affidavit of Mr Paul Hockings, Chief Executive Officer of Barcoo Shire Council, filed on 1 July 2021.

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

3. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

4. On 21 October 2021, the Applicant made an application, pursuant to s 189 of the Act, to certify the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2021 – 2024.

5. The Applicant and the following employee organisations have agreed to the terms of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2021 – 2024 which will replace the certified agreement:

   ·Australian Workers' Union of Employees, Queensland; and

   ·The Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland.

1. I am satisfied that:

   ·All parties to the certified agreement agree to it being terminated; and

   ·The termination of the certified agreement is not contrary to the public interest.

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

3. I approve the termination of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 with effect from 1 December 2021.

1. I make the following order:

1.The Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 is terminated.