In the termination of the Queensland Fire and Emergency Service Certified Agreement 2016

[2019] QIRC 167

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Queensland Fire and Emergency Service Certified Agreement 2016 [2019] QIRC 167

PARTIES:  

State of Queensland (Queensland Fire and Emergency Services)
(Applicant)

v

United Firefighters' Union of Australia, Union of Employees, Queensland
(First Respondent)

&

Queensland Fire and Rescue – Senior Officers Union of Employees
(Second Respondent)

&

Together Queensland, Industrial Union of Employees
(Third Respondent)

CASE NO:

CB/2019/103

PROCEEDING:

Application for termination after expiry date

DELIVERED ON:

6 November 2019

HEARING DATE: 

6 November 2019

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

1.     The Queensland Fire and Emergency Service Certified Agreement 2016 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 F Bridges with the Public Safety Business Agency for the Queensland Fire and Emergency Services

Mr A Cooke for the United Firefighters' Union of Australia, Union of Employees, Queensland

Ms N Vigor for Together Queensland, Industrial Union of Employees 

Reasons for Decision

1. On 23 October 2019, Queensland Fire and Emergency Services applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Queensland Fire and Emergency Service Certified Agreement 2016 ('the certified agreement').
   
   

2. The certified agreement has a nominal expiry date of 30 June 2019.

3. On the basis that the agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the State of Queensland (Queensland Fire and Emergency Services) has given notice of its intention to apply to terminate the agreement;[2] that the other parties to the agreement agree to it being terminated;[3] and, that the termination of the agreement is not contrary to the public interest;[4] the Queensland Fire and Emergency Service Certified Agreement 2016 is terminated as and from 6 November 2019.[5]

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

   [2] Ibid s 228(2).

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

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

   [5] Ibid s 228(4).

4. I make the following order:

   1.       The Queensland Fire and Emergency Service Certified Agreement 2016 is terminated.