In the termination of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019
[2023] QIRC 178
•15 June 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 [2023] QIRC 178 |
PARTIES: | State of Queensland (Queensland Health) AND Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland The Electrical Trades Union of Employees Queensland Plumbers & Gasfitters Employees' Union Queensland, Union of Employees |
CASE NO: | CB/2023/55 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 15 June 2023 |
HEARING DATE: | 15 June 2023 |
MEMBER: HEARD AT: | Hartigan DP Brisbane |
ORDER: | The Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019is 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 A. North of the State of Queensland (Queensland Health) Mr P. McGrath of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland |
Reasons for Decision
On 26 May 2023, the State of Queensland (Queensland Health) ('the Department'), applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 ('the certified agreement').
The certified agreement has a nominal expiry date of 31 August 2022.
The application was filed in the Industrial Registry, together with an affidavit in support of Ms Theresa Hodges, Chief Human Resources Officer, Queensland Health, and a Notice of intention to terminate a certified agreement.
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).
I have also had regard to an application having been made by the Department, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees and The Electrical Trades Union of Employees Queensland to certify the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 8) 2022.[5]
[5] Matter CB/2023/54 filed on 26 May 2023.
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 15 June 2023.
I make the following order:
The Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 7) 2019 is terminated.
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