In the termination of the Quilpie Shire Council Certified Agreement 2018

[2022] QIRC 50

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Quilpie Shire Council
Certified Agreement 2018 [2022] QIRC 050
PARTIES:	Quilpie Shire Council
AND
Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
Queensland Services, Industrial Union of Employees
The Australian Workers' Union of Employees, Queensland
CASE NO:	CB/2022/5
PROCEEDING:	Termination of an agreement
DELIVERED ON:	22 February 2022
HEARING DATE	22 February 2022
MEMBER:	Hartigan IC
HEARD AT:	Brisbane
ORDER:	The Quilpie Shire Council Certified
Agreement 2018 is terminated.
CATCHWORDS:	INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated
LEGISALTION:	Industrial Relations Act 2016 (Qld) s 228
APPEARANCES:	Ms S. Mitanis of MBA Lawyers for the Quilpie Shire Council
Mr P. Dunbar for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
Ms M. Robertson for the Queensland Services, Industrial Union of Employees
Mr D. Marr for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 3 February 2022, the Quilpie Shire Council ('the Council'), applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Quilpie Shire Council Certified Agreement 2018 ('the certified agreement').

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

3. The application was filed in the Industrial Registry, together with an affidavit in support of Mr Justin Hancock, Chief Executive Officer of the Council, 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 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. I have also had regard to an application having been made by the Council, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, the Queensland Services, Industrial Union of Employees and The Australian Workers Union of Employees, Queensland to certify the Quilpie Shire Council Certified Agreement 2021.[5]

   [5] Matter CB/2022/6, filed on 3 February 2022.

2. Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect, accordingly, I approve the termination of the certified agreement with effect from 22 February 2022.

3. I make the following order:

The Quilpie Shire Council Certified Agreement 2018 is terminated.