In the termination of the Bulloo Shire Council Officers Certified Agreement 2018

[2022] QIRC 103

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Bulloo Shire Council Officers Certified Agreement 2018 [2022] QIRC 103

PARTIES:

Bulloo Shire Council

AND

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/23

PROCEEDING:

Termination of an agreement

DELIVERED ON:

24 March 2022

HEARING DATE

24 March 2022

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

The Bulloo Shire Council Officers Certified Agreement 2018 is terminated.

CATCHWORDS:

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

LEGISALTION: 

Industrial Relations Act 2016 (Qld) s 228

APPEARANCES:

Ms S. Mitanis of MBA Lawyers for the Bulloo Shire Council

Ms S. Wilson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 24 February 2022, the Bulloo Shire Council ('the Council'), applied, pursuant to
   s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Bulloo Shire Council Officers Certified Agreement 2018 ('the certified agreement').

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

3. The application was filed in the Industrial Registry, together with an affidavit in support of Mr Amer Tawfik, Chief Executive Officer of the Council, 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 be met before it may be terminated;[1]

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

(c)all parties to the certified agreement agree to it being terminated;[3] and

(d)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. I have also had regard to an application having been made by the Council and the Queensland Services, Industrial Union of Employees to certify the Bulloo Shire Council Officers Certified Agreement 2021.[5]

   [5] Matter CB/2022/24 filed on 24 February 2022.

1. Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect. I approve the termination of the certified agreement with effect from 24 March 2022.

2. I make the following order:

The Bulloo Shire Council Officers Certified Agreement 2018 is terminated.