In the termination of the NPARC Certified Agreement, 2012-2014

[2019] QIRC 199

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the NPARC Certified Agreement, 2012-2014 [2019] QIRC 199

PARTIES:

Northern Peninsula Area Regional Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2019/126

PROCEEDING:

Termination of an agreement

DELIVERED ON:

20 December 2019

HEARING DATE: 

20 December 2019

MEMBER:

Merrell DP

HEARD AT:

Brisbane

ORDER:

The NPARC Certified Agreement, 2012-2014 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, s 228

APPEARANCES:

Ms S. Mitanis of Local Government Association Queensland for the Northern Peninsula Area Regional Council

Ms M. Robertson for Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 2 December 2019, the Northern Peninsula Area Regional Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the NPARC Certified Agreement, 2012‑2014 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2014.

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 Graeme Gillam, Chief Executive Officer of the Northern Peninsula Area Regional Council, filed on 2 December 2019.

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 Northern Peninsula Area Regional Council has given the requisite notice of its intention to apply to terminate the certified agreement.

5. On 2 December 2019, the Northern Peninsula Area Regional Council made an application, pursuant to s 189 of the Act, to certify the Northern Peninsula Area Regional Council Certified Agreement 2019.

1. The Northern Peninsula Area Regional Council and the following employee organisations have agreed to the terms of the Northern Peninsula Area Regional Council Certified Agreement 2019 which will replace the certified agreement:

   ·        The Australian Workers' Union of Employees, Queensland; and

·        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 NPARC Certified Agreement, 2012‑2014 with effect from 20 December 2019.

1. I make the following order:

The NPARC Certified Agreement, 2012‑2014 is terminated.