In the termination of the Queensland Ambulance Service Certified Agreement 2017

[2023] QIRC 83

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Queensland Ambulance Service Certified Agreement 2017 [2023] QIRC 083

PARTIES:

State of Queensland (Queensland Ambulance Service)

AND

United Workers’ Union, Industrial Union of Employees, Queensland

CASE NO:

CB/2023/8

PROCEEDING:

Termination of an agreement

DELIVERED ON:

14 March 2023

HEARING DATE: 

14 March 2023

MEMBER:

Pidgeon IC

HEARD AT:

Brisbane

ORDER:

The Queensland Ambulance Service Certified Agreement 2017 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:

C. Axelby for the State of Queensland (Queensland Ambulance Service)

M. Perry for United Workers’ Union, Industrial Union of Employees, Queensland

Reasons for Decision

1. On 24 February 2023, the State of Queensland (Queensland Ambulance Service) (‘the Applicant’) applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) (‘the Act’), to terminate the Queensland Ambulance Service Certified Agreement 2017 (‘the certified agreement’).

2. The certified agreement has a nominal expiry date of 31 August 2022.

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 Ray Clarke, Executive Director, Workforce, Queensland Ambulance Service, filed on 24 February 2023.

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 Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

5. On 27 February 2023, the Applicant made an application, pursuant to s 189 of the Act, to certify the Queensland Ambulance Service Certified Agreement 2022.

6. The Applicant and the United Workers’ Union, Industrial Union of Employees, Queensland, have agreed to the terms of the Queensland Ambulance Service Certified Agreement 2022 which will replace the certified agreement.

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 Queensland Ambulance Service Certified Agreement 2017 with effect from 14 March 2023.

1. I make the following order:

The Queensland Ambulance Service Certified Agreement 2017 is terminated.