In the termination of the Logan City Council Certified Agreement 2018

[2022] QIRC 144

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Logan City Council Certified Agreement 2018 [2022] QIRC 144

PARTIES:

Logan City Council

AND

The Australian Workers' Union of Employees, Queensland

The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland

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

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

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, Queensland Branch, Union of Employees

The Electrical Trades Union of Employees Queensland

Queensland Nurses and Midwives' Union

CASE NO:

CB/2022/33

PROCEEDING:

Termination of an agreement

DELIVERED ON:

21 April 2022 

HEARING DATE: 

21 April 2022

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

The Logan City 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 228

APPEARANCES:

Ms B Imbriano and Ms M Martin of LGAQ for Logan City Council

Mr C Murray for Queensland Nurses and Midwives' Union

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

Ms J Wiggan for Queensland Services, Industrial Union of Employees

Ms A Jack for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Reasons for Decision

1. On 31 March 2022, the Logan City Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Logan City Council Certified Agreement 2018 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2021.

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

   ·the certified agreement does not include any provisions recording that any particular conditions need 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 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. An application was made to certify the Logan City Council Certified Agreement 2022.[5]

   [5] Email to the Industrial Registry on 31 March 2022; Filed in the Industrial Registry on 5 April 2022.

3. Accordingly, I approve the termination of the certified agreement with effect from 21 April 2022.

1. I make the following order:

1.The Logan City Council Certified Agreement 2018 is terminated.