In the termination of the Redland City Council Employees' Certified Agreement 2019

[2023] QIRC 224

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Redland City Council Employees' Certified Agreement 2019 [2023] QIRC 224

PARTIES:

Redland City Council

AND

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

AND

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

AND

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

AND

The Australian Workers' Union of Employees, Queensland

AND

The Electrical Trades Union of Employees Queensland

AND

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2023/63

PROCEEDING:

Termination of an agreement

DELIVERED ON:

31 July 2023

HEARING DATE:

31 July 2023

MEMBER:

HEARD AT:

Dwyer IC

Brisbane

ORDER:

1.     The Redland City Council Employees' Certified Agreement 2019 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:

Mr M. Beaumont and Ms E. Collins for the Redland City Council

Mr D. Marr for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 10 July 2023, the Redland City Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Redland City Council Employees' Certified Agreement 2019 ('the certified agreement').

2. The certified agreement has a nominal expiry date of 6 December 2022.

3. The application was filed in the Industrial Registry together with the affidavit of Mr Andrew Chesterman, Chief Executive Officer of the Redland City Council, and a Form 50 – Notice of intention to terminate certified agreement or arbitration determination.

4. After consideration of the material filed in support of the application, I am satisfied that:

   a.       the certified agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[1]

   b.       the Redland City 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 had regard also to an application made by the Redland City Council to certify the Redland City Council Employees' Certified Agreement 2022.[5]

   [5] Matter CB/2023/64 filed 10 July 2023.

2. 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 31 July 2023.

   Order

   1.       The Redland City Council Employees' Certified Agreement 2019 is terminated.