In the termination of the Cloncurry Shire Council Certified Agreement 2019

[2023] QIRC 106

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Cloncurry Shire Council Certified Agreement 2019 [2023] QIRC 106

PARTIES:

Cloncurry Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2023/18

PROCEEDING:

Application for termination of an agreement

DELIVERED ON:

11 April 2023

HEARING DATE: 

11 April 2023

MEMBER:

O'Connor VP

HEARD AT:

Brisbane

ORDER:

The Cloncurry Shire Council Certified Agreement 2019 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - application for termination of agreement after nominal expiry date - requirements for termination - agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 189 and s 228

APPEARANCES:

Ms T Jacklin for the Cloncurry Shire Council.

Mr D Marr for The Australian Workers' Union of Employees, Queensland.

Ms J Wiggan for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 15 March 2023, the Cloncurry Shire Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Cloncurry Shire Council Certified Agreement 2019 ('the certified agreement').

1. The certified agreement had a nominal expiry date of 30 June 2022.

1. 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.

2. I have had regard to:

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

   ·the affidavit of Mr Philip Andrew Keirle, Chief Executive Officer of the Applicant.

3. The certified agreement does not provide that particular conditions need to be met before it may be terminated.

4. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

5. On 15 March 2023, the Applicant made an application, pursuant to s 189 of the Act, to certify the Cloncurry Shire Council Certified Agreement 2022.

1. The Applicant and the following employee organisations have agreed to the terms of the Cloncurry Shire Council Certified Agreement 2022 which will replace the certified agreement:

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

   ·Queensland Services, Industrial 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.

1. I approve the termination of the Cloncurry Shire Council Certified Agreement 2019 with effect from 11 April 2023.

1. I make the following order:

The Cloncurry Shire Council Certified Agreement 2019 is terminated.