In the termination of the McKinlay Shire Council Certified Agreement 2018-2021

[2022] QIRC 193

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the McKinlay Shire Council Certified Agreement 2018-2021 [2022] QIRC 193

PARTIES:

McKinlay Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland

CASE NO:

CB/2022/40

PROCEEDING:

Termination of an agreement

DELIVERED ON:

3 June 2022

HEARING DATE: 

3 June 2022

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The McKinlay Shire Council Certified Agreement 2018-2021 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) ss 189, 228

APPEARANCES:

Ms M Martin of LGAQ for McKinlay 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 10 May 2022, McKinlay Shire Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the McKinlay Shire Council Certified Agreement 2018-2021 ('the certified agreement').

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

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.

1. The application was filed on 10 May 2022 in the Industrial Registry, together with an affidavit of Mr Trevor Williams, Chief Executive Officer of the McKinlay Shire Council, and a Notice of Intention to terminate a Certified Agreement.

2. 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).

1. I have also had regard to an application, having been made by the Applicant pursuant to s 189 of the Act, to certify the McKinlay Shire Council Certified Agreement 2022-2024.[5]

   [5] Matter CB/2022/41, filed on 10 May 2022.

1. Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.

2. Accordingly, I approve the termination of the McKinlay Shire Council Certified Agreement 2018-2021 with effect from 3 June 2022.

1. I make the following order:

1.The McKinlay Shire Council Certified Agreement 2018-2021 is terminated.