In the termination of the Lockyer Valley Regional Council Certified Agreement (Officers) 2018

[2021] QIRC 419

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Lockyer Valley Regional Council Certified Agreement (Officers) 2018 [2021] QIRC 419

PARTIES:

Lockyer Valley Regional Council

AND

Queensland Services, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

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

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2021/58

PROCEEDING:

Termination of an agreement

DELIVERED ON:

9 December 2021  

HEARING DATE: 

9 December 2021

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

1.   The Lockyer Valley Regional Council Certified Agreement (Officers) 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 228

APPEARANCES:

Mr C Drew, Mr D McPherson and Ms K Natalier for Lockyer Valley Regional Council

Mr D Cutler and Ms S Wilson for Queensland Services, Industrial Union of Employees

Mr D Peverill for United Voice, Industrial Union of Employees, Queensland

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

Reasons for Decision

1. On 22 November 2021, the Lockyer Valley Regional Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Lockyer Valley Regional Council Certified Agreement (Officers) 2018 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 27 September 2021.

2. The application was filed in the Industrial Registry together with an affidavit in support of Mr Ian Church, 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:

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

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

   (c)all parties to the certified agreement agree to it being terminated;[3] and

   (d)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 Lockyer Valley Regional Council Certified Agreement – Officers 2021.[5]

   [5] Filed in the Industrial Registry on 22 November 2021.

3. Accordingly, I approve the termination of the certified agreement with effect from 9 December 2021.

1. I make the following order:

1.The Lockyer Valley Regional Council Certified Agreement (Officers) 2018 is terminated.