In the termination of the Parliamentary Service Certified Agreement 2009

[2020] QIRC 133

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Parliamentary Service Certified Agreement 2009 [2020] QIRC 133

PARTIES:

State of Queensland (Queensland Parliamentary Service)

AND

Queensland Services, Industrial Union of Employees

Together Queensland, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2020/63

PROCEEDING:

Termination of an agreement

DELIVERED ON:

27 August 2020

HEARING DATE: 

27 August 2020

HEARD AT:

On the papers

MEMBER:

Industrial Commissioner Dwyer

ORDER:

1.   The Parliamentary Service Certified Agreement 2009 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

Reasons for Decision

1. On 21 August 2020, the Clerk of the Parliament of the State of Queensland (Queensland Parliamentary Service) applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Parliamentary Service Certified Agreement 2009 ('the Agreement').

1. The Agreement has a nominal expiry date of 31 July 2012.

2. 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.

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

4. Having regard to the affidavit of Neil John Laurie filed 21 August 2020, I am satisfied that the State of Queensland (Queensland Parliamentary Service) has given the requisite notice of its intention to apply to terminate the Agreement.

5. I have had regard to the affidavit of Neil John Laurie of the State of Queensland (Queensland Parliamentary Service) filed 21 August 2020.

6. On 21 August 2020, the Clerk of the Parliament of the State of Queensland (Queensland Parliamentary Service) applied, pursuant to s 189 of the Act, to certify the Parliamentary Service Electorate Staff Certified Agreement 2020.

7. The State of Queensland (Queensland Parliamentary Service) and the following employee organisations have agreed to the terms of the Parliamentary Service Electorate Staff Certified Agreement 2020, which will replace the Agreement:

   ·     Queensland Services Union, Industrial Union of Employees;

   ·     Together Queensland, Industrial Union of Employees; and

   ·     United Voice, Industrial Union of Employees, Queensland.

1. 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.

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 Parliamentary Service Certified Agreement 2009 with effect from 27 August 2020.

4. I make the following order:

1.The Parliamentary Service Certified Agreement 2009 is terminated.