In the termination of the Longreach Regional Council Certified Agreement 2018-2022
[2023] QIRC 249
•31 August 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Longreach Regional Council Certified Agreement 2018-2022 [2023] QIRC 249 |
PARTIES: | Longreach Regional Council AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees The Australian Workers' Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland The Electrical Trades Union of Employees Queensland Queensland Services, Industrial Union of Employees Plumbers & Gasfitters Employees' Union Queensland, Union of Employees United Workers' Union, Industrial Union of Employees, Queensland |
CASE NO.: | CB/2023/86 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 31 August 2023 |
HEARING DATE: | 31 August 2023 |
MEMBER: HEARD AT: | Hartigan DP Brisbane |
ORDER: | The Longreach Regional Council Certified Agreement 2018-2022 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 S. Mitanis with Ms C. Chacko for the Longreach Regional Council Mr P. Dunbar for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Mr J. Donaghy with Mr J. Hall for Queensland Services, Industrial Union of Employees Mr D. Marr for The Australian Workers' Union of Employees, Queensland |
Reasons for Decision
On 11 August 2023, Longreach Regional Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Longreach Regional Council Certified Agreement 2018-2022 ('the certified agreement').
The certified agreement has a nominal expiry date of 21 November 2022.
The application was filed in the Industrial Registry, together with an affidavit in support of Mr Brett Walsh, Chief Executive Officer, Longreach 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:
(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).
I have also had regard to an application having been made by the Council, the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees, The Australian Workers' Union of Employees, Queensland, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, The Electrical Trades Union of Employees Queensland, and the Queensland Services, Industrial Union of Employees to certify the Longreach Regional Council Certified Agreement 2023.[5]
[5] Matter CB/2023/87 filed on 11 August 2023.
Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect. I approve the termination of the certified agreement with effect from 31 August 2023.
I make the following order:
The Longreach Regional Council Certified Agreement 2018-2022 is terminated.
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