In the termination of the City of Gold Coast Certified Agreement 2019

[2024] QIRC 178

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the City of Gold Coast Certified Agreement 2019 [2024] QIRC 178

PARTIES:

Council of the City of Gold Coast

AND

Queensland Services, Industrial Union of Employees

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

The Australian Workers' Union of Employees, Queensland

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

Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees

The Electrical Trades Union of Employees Queensland

Transport Workers’ Union of Australia, Union of Employees (Queensland Branch)

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

CASE NO:

CB/2024/40

PROCEEDING:

Termination of an agreement

DELIVERED ON:

23 July 2024

HEARING DATE: 

23 July 2024

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

The City of Gold Coast Certified Agreement 2019 is terminated

CATCHWORDS:

INDUSTRIAL LAW –– QUEENSLAND – COLLECTIVE BARGAINING AND AGREEMENTS – 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 Stoddart for Council of the City of Gold Coast

Mr Murphy for Queensland Services, Industrial Union of Employees

Mr E Dalgliesh for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

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

Reasons for Decision

1. On 2 July 2024, the Council of the City of Gold Coast ('the Applicant') applied, pursuant to s 228 of the Industrial Relations Act 2016 (Qld) ('IR Act'), to terminate the City of Gold Coast Certified Agreement 2019 ('the certified agreement').

2. The certified agreement has a nominal expiry date of 16 October 2022.

1. 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.

1. I have had regard to:

   ·The submissions made by the parties who appeared today; and

   ·The Affidavit of Ms Nadine Harden filed on 2 July 2024.

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 2 July 2024, the Applicant made an application, pursuant to s 189 of the Act, to certify the City of Gold Coast Certified Agreement 2024.

5. The following employee organisations have agreed to the terms of the City of Gold Coast Certified Agreement 2024 which will replace the certified agreement:

   ·Queensland Services, Industrial Union of Employees; and

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

   ·The Australian Workers' Union of Employees, Queensland; and

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

   ·Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees; and

   ·The Electrical Trades Union of Employees Queensland; and

   ·Transport Workers’ Union of Australia, Union of Employees (Queensland Branch); and

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

3. I approve the termination of the City of Gold Coast Certified Agreement 2019 from 23 July 2024.

1. I make the following order:

   The City of Gold Coast Certified Agreement 2019 is terminated.