In the termination of the Quilpie Shire Council Certified Agreement 2021

[2025] QIRC 128

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Quilpie Shire Council Certified Agreement 2021 [2025] QIRC 128

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/2025/21

PROCEEDING:

Application for termination of an agreement

DELIVERED ON:

21 May 2025

HEARING DATE: 

21 May 2025

MEMBER:

Merrell DP

HEARD AT:

Brisbane

ORDER:

The Quilpie Shire Council Certified Agreement 2021 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 189 and s 228

APPEARANCES:

Ms Jodie Jenings of the Local Government Association of Queensland as agent for the Quilpie Shire Council.

Mr Jock Douggall for Queensland Services, Industrial Union of Employees

Mr Timothy Stephens for The Australian Workers’ Union of Employees, Queensland

Reasons for Decision

1. On 23 April 2025, the Quilpie Shire Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), for approval to terminate the Quilpie Shire Council Certified Agreement 2021 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 22 February 2025.

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 Justin Hancock, Chief Executive Officer of the Applicant.

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 23 April 2025, the Applicant made an application, pursuant to s 189 of the Act, to certify the Quilpie Shire Council Certified Agreement 2024.

1. The Applicant and the following employee organisations have agreed to the terms of the Quilpie Shire Council Certified Agreement 2024 which will replace the certified agreement:

·Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland;

·Queensland Services, Industrial Union of Employees; and

·The Australian Workers’ Union of Employees, Queensland.

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 Quilpie Shire Council Certified Agreement 2021 with effect from 21 May 2025.

1. I make the following order:

The Quilpie Shire Council Certified Agreement 2021 is terminated.