In the termination of the Noosa Council Certified Agreement 2018

[2021] QIRC 279

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Noosa Council Certified Agreement 2018 [2021] QIRC 279

PARTIES:

Noosa Shire Council

AND

Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

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

United Voice, Industrial Union of Employees, Queensland

The Association of Professional Engineers, Scientists and Managers, Australia Queensland Branch, Union of Employees

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

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

Electrical Trades Union of Employees, Queensland

CASE NO:

CB/2021/23

PROCEEDING:

Termination of an agreement

DELIVERED ON:

13 August 2021

HEARING DATE: 

13 August 2021

MEMBER:

HEARD AT:

Dwyer IC

Brisbane

ORDER:

The Noosa 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:

Mr B Stephens for Noosa Shire Council

Ms M Robertson for Queensland Services, Industrial Union of Employees

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

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

Reasons for Decision

1. On 1 July 2021, Noosa Shire Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Noosa Council Certified Agreement 2018 ('the certified agreement').

2. The certified agreement has a nominal expiry date of 26 February 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. I have had regard to:

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

   ·The Affidavit of Mr Brett de Chastel, Chief Executive Officer of Noosa Shire Council, filed on 1 July 2021.

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

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

4. On 1 July 2021, the Applicant made an application, pursuant to s 189 of the Act, to certify the Noosa Council Certified Agreement 2021.

5. The Applicant and the following employee organisations have agreed to the terms of the Noosa Council Certified Agreement 2021 which will replace the certified agreement:

   ·Australian Workers' Union of Employees, Queensland;

   ·Queensland Services, Industrial Union of Employees;

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

   ·United Voice, Industrial Union of Employees, Queensland;

   ·The Association of Professional Engineers, Scientists and Managers, Australia Queensland Branch, Union of Employees;

   ·Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;

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

   ·Electrical Trades Union of Employees, Queensland.

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.

3. I approve the termination of the Noosa Council Certified Agreement 2018 with effect from 13 August 2021.

1. I make the following order:

The Noosa Council Certified Agreement 2018 is terminated