In the termination of the Building and Asset Services Office Staff Certified Agreement 2016

[2020] QIRC 159

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Building and Asset Services Office Staff Certified Agreement 2016 [2020] QIRC 159

PARTIES:

State of Queensland (Department of Housing and Public Works)
(Applicant)

v

Together Queensland, Industrial Union of Employees
(First Respondent)

and

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
(Second Respondent)

CASE NO:

CB/2020/69

PROCEEDING:

Application for termination after expiry date

DELIVERED ON:

4 September 2020

MEMBER:

HEARD AT:

Hartigan IC

On the papers

ORDER:

1.     The Building and Asset Services Office Staff Certified Agreement 2016 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, s 952ZB

Reasons for Decision

1. On 28 August 2020, the State of Queensland (Department of Housing and Public Works) ("the Department") applied, pursuant to s 228(1)(a)[1] of the Industrial Relations Act 2016 ("the Act"), to terminate the Building and Asset Services Office Staff Certified Agreement 2016 ("the certified agreement").
   
   

   [1] This application is made by the employer in accordance with recent amendments to the Act, introduced by Chapter 15A, specifically s 952ZB of the Act.

2. The certified agreement has a nominal expiry date of 31 May 2019.

3. The application was filed in the Industrial Registry on 28 August 2020, together with an affidavit in support of Ms Liza Carroll, Director-General of the Department, and a notice of intention to terminate a certified agreement.

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

   (a)the certified agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[2]

   (b)the Department has given notice of its intention to apply to terminate the certified agreement;[3]

   (c)the other parties to the certified agreement agree to it being terminated;[4] and

   (d)the termination of the certified agreement is not contrary to the public interest.[5]

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

   [3] Ibid s 228(2).

   [4] Ibid ss 228(3)(b)(i) and 952ZB(2).

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

5. I terminate the Building and Asset Services Office Staff Certified Agreement 2016 from 4 September 2020.[6]

   [6] Ibid s 228(4).

6. I make the following order:

   1.       The Building and Asset Services Office Staff Certified Agreement 2016 is terminated.