In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024

[2024] QIRC 303

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 [2024] QIRC 303

PARTIES:

Blackall Tambo Regional Council

AND

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2024/92

PROCEEDING:

Application for termination of an agreement

DELIVERED ON:

24 December 2024

HEARING DATE: 

24 December 2024

MEMBER:

Merrell DP

HEARD AT:

Brisbane

ORDER:

The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - application for termination of agreement after nominal expiry date - requirements for termination - agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 189 and s 228

APPEARANCES:

Ms S. Mitanis of HR Law for the Blackall Tambo Regional Council.

Mr T. Stephens for The Australian Workers' Union of Employees, Queensland.

Mr. N Henderson for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 10 December 2024, the Blackall Tambo Regional Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2024.

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 Mike Lollback, Chief Executive Officer of the Applicant.

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 10 December 2024, the Applicant made an application, pursuant to s 189 of the Act, to certify the Blackall-Tambo Regional Council Certified Agreement 2024-2028.

1. The Applicant and the following employee organisations have agreed to the terms of the Blackall-Tambo Regional Council Certified Agreement 2024-2028 which will replace the certified agreement:

   ·The Australian Workers' Union of Employees, Queensland;

   ·Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland; and

   ·Queensland Services, Industrial Union of Employees.

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.

1. I approve the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021-2024 with effect from 24 December 2024.

1. I make the following order:

The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2021‑2024 is terminated.