In the termination of the Paroo Shire Council - Operational Staff Certified Agreement 2018

[2022] QIRC 43

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Paroo Shire Council - Operational Staff Certified Agreement 2018 [2022] QIRC 43

PARTIES:

Paroo Shire Council

AND

The Australian Workers' Union of Employees, Queensland

Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland

Transport Workers' Union of Australia, Union of Employees

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

CASE NO:

CB/2022/3

PROCEEDING:

Termination of an agreement

DELIVERED ON:

17 February 2022  

HEARING DATE: 

17 February 2022

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

1.   The Paroo Shire Council - Operational Staff 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 S Phipps for Paroo Shire Council

Mr G Taylor for The Australian Workers' Union of Employees, Queensland 

Reasons for Decision

1. On 24 January 2022, the Paroo Shire Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Paroo Shire Council - Operational Staff Certified Agreement 2018 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2021.

2. The application was filed in the Industrial Registry together with an affidavit in support of Mr Simon Phipps, HR/WHS Officer of the Council, and a Notice of Intention to terminate a Certified Agreement.

1. Having regard to the material relied upon in support of the application, I am satisfied that:

   (a)the certified agreement does not include any provisions recording that any particular conditions need be met before it may be terminated;[1]

   (b)the Council has given notice of its intention to apply to terminate the certified agreement;[2]

   (c)all parties to the certified agreement agree to it being terminated;[3] and

   (d)the termination of the certified agreement is not contrary to the public interest.[4]

   [1] Industrial Relations Act 2016 (Qld) s 228(3).

   [2] Ibid s 228(2).

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

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

2. In this matter, an application was made to certify the Paroo Shire Council – Operational Staff Certified Agreement 2021 - 2024.[5]

   [5] Filed in the Industrial Registry on 24 January 2022.

3. Accordingly, I approve the termination of the certified agreement with effect from 17 February 2022.

1. I make the following order:

1.The Paroo Shire Council - Operational Staff Certified Agreement 2018 is terminated.