In the termination of the Murweh Shire Council Non‑Operational Staff Certified Agreement 2018

[2022] QIRC 371

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Murweh Shire Council Non‑Operational Staff Certified Agreement 2018 [2022] QIRC 371

PARTIES:

Murweh Shire Council

AND

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2022/83

PROCEEDING:

Application for termination of an agreement

DELIVERED ON:

29 September 2022

HEARING DATE: 

29 September 2022

MEMBER:

Merrell DP

HEARD AT:

Brisbane

ORDER:

The Murweh Shire Council Non‑Operational Staff Certified Agreement 2018 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - application for termination of agreement after nominal expiry date - requirements for termination - agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 189 and s 228

APPEARANCES:

Ms S. Mitanis of MBA Lawyers for the Murweh Shire Council.

Mr J. Maguire for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 30 August 2022, the Murweh Shire Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Murweh Shire Council Non-Operational Staff Certified Agreement 2018 ('the certified agreement').

1. The certified agreement had 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.

2. I have had regard to:

   ·the submissions made by the parties who appeared today; and

   ·the affidavit of Mr Neil Polglase, Chief Executive Officer of the Applicant.

3. The certified agreement does not provide that particular conditions need to be met before it may be terminated.

4. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

5. On 30 August 2022, the Applicant made an application, pursuant to s 189 of the Act, to certify the Murweh Shire Council Certified Agreement 2022.

1. The Applicant and the following employee organisations have agreed to the terms of the Murweh Shire Council Certified Agreement 2022 which will replace the certified agreement:

   ·The Australian Workers' Union of Employees, Queensland;

   ·Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

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

   ·The Electrical Trades Union of Employees Queensland;

   ·Queensland Services, Industrial Union of Employees.

1. I am satisfied that:

   ·all parties to the certified agreement agree to it being terminated; and

   ·the termination of the certified agreement is not contrary to the public interest.

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

1. I approve the termination of the Murweh Shire Council Non-Operational Staff Certified Agreement 2018 with effect from 29 September 2022.

1. I make the following order:

The Murweh Shire Council Non-Operational Staff Certified Agreement 2018 is terminated.