In the termination of the Bundaberg Regional Council Certified Agreement 2021

[2025] QIRC 204

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Bundaberg Regional Council Certified Agreement 2021 [2025] QIRC 204

PARTIES:

Bundaberg Regional Council
Applicant

v

The Australian Workers' Union of Employees, Queensland
First Respondent

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees
Third Respondent

The Electrical Trades Union of Employees Queensland
Fourth Respondent

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
Fifth Respondent

Queensland Services, Industrial Union of Employees
Sixth Respondent

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

CASE NO:

CB/2025/51

PROCEEDING:

Application to terminate an agreement

DELIVERED ON:

5 August 2025

HEARING DATE: 

5 August 2025

MEMBER:

HEARD AT:

Pratt IC

Brisbane

ORDER:

1.     The Bundaberg Regional Council Certified Agreement 2021 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAING – AGREEMENTS – application for termination of agreement – requirements for termination – agreement terminated.

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 189, s 228

APPEARANCES:

Ms A Farmer of the Local Government Association of Queensland appearing on behalf of Bundaberg Regional Council

Ms C Taylor appearing on behalf of The Australian Workers' Union of Employees'

Ms C Sait appearing on behalf of the Queensland Services, Industrial Union of Employees

Mr E Dalgleish appearing on behalf of the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Excusals received from The Electrical Trades Union of Employees Queensland, the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees, and The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Reasons for Decision

1. On 10 July 2025, Bundaberg Regional Council ('the Applicant') applied to terminate the Bundaberg Regional Council Certified Agreement 2021 ('the Agreement') pursuant to section 228(2) of the Industrial Relations Act 2016 (Qld) (‘the IR Act’).

2. The Agreement has a nominal expiry date of 13 January 2025.

3. Section 228(3) of the IR 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.

4. I have had regard to the submissions made by the parties who appeared at the hearing on 5 August 2025 supporting the termination of the Agreement, correspondence in support of the termination of the Agreement from the employee organisations who were excused from appearing at that hearing,[1] and the affidavit of Mr Rob Williams, the Chief Executive Officer of the Applicant, filed on 10 July 2025.

   [1] The employee organisations who were excused were:

5. The Agreement does not provide that particular conditions need to be met before it may be terminated.

6. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the Agreement.

7. On 10 July 2025, the Applicant also made an application to certify the Bundaberg Regional Council Certified Agreement 2025 pursuant to section 189 of the Industrial Relations Act 2016 (Qld) ('the IR Act'), which is proposed to replace the Agreement.

8. The Applicant and the following employee organisations have agreed to the terms of the Bundaberg Regional Council Certified Agreement 2025 that will replace the Agreement:

   (a)The Australian Workers' Union of Employees, Queensland;

   (b)Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;

   (c)Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;

   (d)The Electrical Trades Union of Employees Queensland;

   (e)Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

   (f)Queensland Services, Industrial Union of Employees; and

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

1. I am satisfied that:

   (a)all parties to the Agreement agree to it being terminated; and

   (b)the termination of the Agreement is not contrary to the public interest.

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

3. I approve the termination of the Agreement from 5 August 2025.

4. I make the following order:

   Order

   1.The Bundaberg Regional Council Certified Agreement 2021 is terminated.

·The Electrical Trades Union of Employees Queensland;

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

·the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees; and

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