In the termination of the Redland City Council Employees' Agreement 2022
[2025] QIRC 201
•4 August 2025
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the termination of the Redland City Council Employees' Agreement 2022 [2025] QIRC 201 |
| PARTIES: | Redland City Council AND The Australian Workers' Union of Employees, Queensland Transport Workers' Union of Australia, Union of Employees (Queensland Branch) Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland Plumbers & Gasfitters Employees' Union Queensland, Union of Employees Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Electrical Trades Union of Employees, Queensland |
| CASE NO: | CB/2025/60 |
| PROCEEDING: | Termination of an agreement |
| DELIVERED ON: | 4 August 2025 |
| HEARING DATE: | 4 August 2025 |
| MEMBER: | Caddie IC |
| HEARD AT: | Brisbane |
| ORDER: | The Redland City Council Employees' Agreement 2022 is terminated. |
| CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated. |
| LEGISLATION AND INSTRUMENTS: | Industrial Relations Act 2016 (Qld) s 189, s 228 |
| APPEARANCES: | Ms T Lowe and Ms E Collins for the Applicant. Mr E Dalgleish for Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland. Mr G Taylor for The Australian Workers' Union of Employees, Queensland. |
Reasons for Decision
On 24 July 2025, Redland City Council ('the Applicant') applied pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act') to terminate the Redland City Council Employees' Agreement 2022 ('the Agreement').
The Agreement has a nominal expiry date of 1 May 2025.
Section 228 of the Act provides that relevant persons may apply to the Queensland Industrial Relations Commission ('the Commission') to terminate an agreement once the nominal expiry date of a certified agreement has passed.
Section 228(3) of the Act goes on to specify that:
(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 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.
In reaching my decision, I have had regard to:
·the submissions made by the parties who appeared at the hearing today;[1] and
·the affidavit of Louise Rusan, Chief Executive Officer of the Redland City Council, filed 24 July 2025.
[1] I note correspondence from Mr Justin Maxwell, A/State Secretary for the Plumbers & Gasfitters Employees Union Queensland, Union of Employees, dated 28 July 2025, where Mr Maxwell writes that the union consents to the application for termination of the agreement and advises they will be unable to have a representative present at hearing. I also note the correspondence of Mr Rohan Webb, State Secretary of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, dated 28 July 2025, who advises that the union will be unable to have a representative present at hearing. The correspondence also confirms that the union consents to the termination of the agreement. Mr Richard Olsen, Branch Secretary of the Transport Workers' Union, Union of Employees (Queensland Branch) confirmed by correspondence dated 28 July 2025 that the union consents to the application to terminate the agreement, and advised they could not attend the hearing. The Electrical Trades Union of Employees, Queensland advised by correspondence dated 30 July 2025 from Mr Peter Ong, State Secretary, that the union would be unable to have a representative present at hearing but confirmed that they support the application to terminate the agreement. On 30 July 2025, my Chambers responded to all parties noting receipt of relevant correspondence and granting these parties leave not to appear at hearing.
The Agreement does not provide that particular conditions need to be met before it may be terminated.
I am satisfied the Applicant has given the requisite notice of its intention to apply to terminate the Agreement.
On 24 July 2025, the Applicant applied under s 189 of the Act to certify the Redland City Council Employees' Agreement 2025.
All parties have agreed to the terms of the Redland City Council Employees' Agreement 2025, which will replace the Agreement.
I am satisfied that:
·all parties to the Agreement agree to the termination of the Agreement; and
·the termination of the Agreement is not contrary to the public interest.
Section 228(4) of the Act provides that the termination of the Agreement takes effect when the Commission's approval takes effect.
I approve the termination of the Redland City Council Employees' Agreement 2022 with effect from 4 August 2025.
I order accordingly.
Order
The Redland City Council Employees' Agreement 2022 is terminated.
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