In the termination of the Medical Officers' (Queensland Health) Certified Agreement (No. 6) 2022

[2025] QIRC 290

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Medical Officers' (Queensland Health) Certified Agreement (No. 6) 2022 [2025] QIRC 290

PARTIES:

State of Queensland (Queensland Health)

AND

Together Queensland, Industrial Union of Employees

AND

Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees

CASE NO:

CB/2025/127

PROCEEDING:

Application for approval to terminate certified Agreement after nominal expiry date

DELIVERED ON:

29 October 2025

HEARING DATE: 

29 October 2025

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

The Medical Officers' (Queensland Health) Certified Agreement (No. 6) 2022 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination after nominal expiry date – requirements for termination – determination terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 189, 228

APPEARANCES:

Ms Clare Dwyer for State of Queensland (Queensland Health)

Mr Michael Thomas for Together Queensland, Industrial Union of Employees

Dr Hau Tan for Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees

Reasons for Decision

1. On 24 October 2025, the State of Queensland (Queensland Health) ('the Department') applied to terminate the Medical Officers' (Queensland Health) Certified Agreement (No. 6) 2022 ('the Agreement') pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act').

2. The Agreement has a nominal expiry date of 30 June 2025.

3. Section 228(3) of the IR 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.

4. In making my decision I have had regard to s 228(3), the submissions made by the parties who appeared at the hearing today and the affidavit of Ms Alarna Lane-Mullins, Chief Human Resources Officer of the Department filed 24 October 2025.

5. The Agreement does not provide that particular conditions need to be met before it may be terminated.

6. On 22 October 2025, the Department notified the other parties to the Agreement of its intention to terminate the Agreement. Those parties are:

   ·Together Queensland, Industrial Union of Employees

   ·Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees

7. I am satisfied that the Department has provided the requisite notice of its intention to apply to terminate the Agreement.

8. Along with the Department, Together Queensland, Industrial Union of Employees and the Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees appeared today and consented to the present application.  No other person appeared or sought to make submissions.

1. Having regard to the materials before me, I am satisfied that all parties to the Agreement agree to it being terminated, and the termination of the Agreement is not contrary to the public interest.

1. On 24 October 2025, the Department made an application under s 189 of the IR Act to certify the Medical Officers' (Queensland Health) Certified Agreement (No. 7) 2025.

2. The Department and the employee organisations listed below have agreed to the terms of the Medical Officers' (Queensland Health) Certified Agreement (No. 7) 2025 which will replace the Agreement:

   ·Together Queensland, Industrial Union of Employees

   ·Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees

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

4. I approve the termination of the Agreement with effect from 29 October 2025.

5. I make the following order:

   The Medical Officers' (Queensland Health) Certified Agreement (No. 6) 2022 is terminated.