In the termination of the QBuild Office Staff Certified Agreement 2019

[2023] QIRC 305

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the QBuild Office Staff Certified Agreement 2019 [2023] QIRC 305

PARTIES:

State of Queensland (Department of Energy and Public Works)

AND

Together Queensland, Industrial Union of Employees

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

CASE NO.:

CB/2023/110

PROCEEDING:

Termination of an agreement

DELIVERED ON:

23 October 2023

HEARING DATE:

23 October 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The QBuild Office Staff Certified Agreement 2019 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:

Ms C. Jeffries and Ms L. Gribbin for the Office of Industrial Relations

Mr M. Thomas for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. On 16 October 2023, the Office of the State of Queensland (Department of Energy and Public Works) ('the Department') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the QBuild Office Staff Certified Agreement 2019 ('the certified agreement').

2. The certified agreement has a nominal expiry date of 31 August 2023.

3. The application was filed in the Industrial Registry, together with an affidavit in support of Ms Amanda Michelle Edie, Chief Human Resources Officer, Department of Energy and Public Works, and a Notice of intention to terminate a certified agreement.

4. 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 Department 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. I have also had regard to an application having been made to certify the State Government Entities Certified Agreement 2023 which is proposed to cover employees currently engaged under the QBuild Office Staff Certified Agreement 2019.[5]

   [5] Matter CB/2023/112 filed on 16 October 2023.  

1. Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect. I approve the termination of the certified agreement with effect from 23 October 2023.

2. I make the following order:

The QBuild Office Staff Certified Agreement 2019 is terminated.