In the termination of the Gladstone Regional Council Certified Agreement 2018
[2022] QIRC 128
•5 April 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Gladstone Regional Council Certified Agreement 2018 [2022] QIRC 128 |
PARTIES: | Gladstone Regional Council AND The Australian Workers' Union of Employees, Queensland Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland Automotive Metals, Engineering, printing & Kindred Industries Industrial Union of Employees Queensland The Electrical Trade Union of Employees, Queensland Queensland Services, Industrial Union of Employees Plumbers and Gasfitters Employees Union of Queensland, Union of Employees The Association of Professional Engineers, Scientists and Managers Australia Union of Employees |
CASE NO: | CB/2022/31 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 5 April 2022 |
| HEARING DATE: | 5 April 2022 |
MEMBER: | Dwyer IC |
| HEARD AT: | Brisbane |
ORDER: | 1. The Gladstone Regional Council Certified Agreement 2018 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 189, 228 |
| APPEARANCES: | Ms N Hope of LGAQ for Gladstone Regional Council Ms A Jack, the Association of Professional Engineers, Scientists and Managers Australia Union of Employees Ms J Wiggan, Queensland Services, Industrial Union of Employees Mr D Marr, the Australian Workers' Union of Employees, Queensland |
Reasons for Decision
On 14 March 2022, Gladstone Regional Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Gladstone Regional Council Certified Agreement 2018 ('the certified agreement').
The certified agreement has a nominal expiry date of 8 November 2021.
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.
The application was filed on 14 March 2022 in the Industrial Registry, together with an affidavit of Ms Leisa Dowling, Chief Executive Officer of the Gladstone Regional Council, and a Notice of Intention to terminate a Certified Agreement.
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 to 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 s228(3)(b)(i).
[4] Ibid s228(3)(b)(ii).
I have also had regard to an application, having been made by the Applicant pursuant to s 189 of the Act, to certify the Gladstone Regional Council Certified Agreement 2021.[5]
[5] Matter CB/2022/32, filed 14 March 2022.
Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.
Accordingly, I approve the termination of the Gladstone Regional Council Certified Agreement 2018 with effect from 5 April 2022.
I make the following order:
1.The Gladstone Regional Council Certified Agreement 2018 is terminated.
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