In the termination of the Burke Shire Council Certified Agreement 2017

[2022] QIRC 337

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Burke Shire Council Certified Agreement 2017 [2022] QIRC 337

PARTIES:

Burke Shire Council

AND

The Australian Workers' Union of Employees, Queensland

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

Plumbers and Gasfitters Employees' Union Queensland, Union of Employees

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/65

PROCEEDING:

Termination of an agreement

DELIVERED ON:

29 August 2022  

HEARING DATE: 

29 August 2022

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

1.   The Burke Shire Council Certified Agreement 2017 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

APPEARANCES:

Mr D McKinlay and Ms C Nelson for Burke Shire Council

Mr G Taylor for The Australian Workers' Union of Employees, Queensland
Mr J Maguire for Queensland Services, Industrial Union of Employees 

Reasons for Decision

1. On 5 August 2022, the Burke Shire Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Burke Shire Council Certified Agreement 2017 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 29 January 2022.

2. The application was filed in the Industrial Registry together with affidavits in support of Mr Daniel McKinlay, Chief Executive Officer of the Council, and a Notice of Intention to terminate a Certified Agreement.

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

   ·the certified agreement does not include any provisions recording that any particular conditions need be met before it may be terminated;[1]

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

   ·all parties to the certified agreement agree to it being terminated;[3] and

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

2. In this matter, an application was made to certify the Burke Shire Council Certified Agreement 2022.[5]

   [5] Filed in the Industrial Registry on 5 August 2022.

3. Accordingly, I approve the termination of the certified agreement with effect from 29 August 2022.

1. I make the following order:

1.The Burke Shire Council Certified Agreement 2017 is terminated.