In the termination of the Cloncurry Shire Council Certified Agreement 2015

[2020] QIRC 182

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Cloncurry Shire Council Certified Agreement 2015 [2020] QIRC 182

PARTIES:

Cloncurry Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/76

PROCEEDING:

Termination of an agreement

DELIVERED ON:

21 October 2020

HEARING DATE: 

21 October 2020

HEARD AT:

On the papers

MEMBER:

Industrial Commissioner Dwyer

ORDER:

1.   The Cloncurry Shire Council Certified Agreement 2015 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, s 228

Reasons for Decision

1. On 29 September 2020, the Chief Executive Officer of the Cloncurry Shire Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Cloncurry Shire Council Certified Agreement 2015 ('the Agreement').

1. The Agreement has a nominal expiry date of 31 December 2018.

2. Section 228(3) of the 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. Having regard to the affidavit of David Jacobus Bezuidenhout filed 29 September 2020, I am satisfied that the Cloncurry Shire Council has given the requisite notice of its intention to apply to terminate the Agreement.

1. On 29 September 2020, the Chief Executive Officer of the Cloncurry Shire Council applied, pursuant to s 189 of the Act, to certify the Cloncurry Shire Council Certified Agreement 2019.

2. The Cloncurry Shire Council and the following employee organisations have agreed to the terms of the Cloncurry Shire Council Certified Agreement 2019, which will replace the Agreement:

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

·     Queensland Services, Industrial Union of Employees.

1. I am satisfied that:

   ·     all parties to the Agreement agree to it being terminated; and

   ·     the termination of the 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 Cloncurry Shire Council Certified Agreement 2015 with effect from 21 October 2020.

4. I make the following order:

1.The Cloncurry Shire Council Certified Agreement 2015 is terminated.