In the termination of the Rockhampton Regional Council Child Care Employees Certified Agreement 2018

[2023] QIRC 109

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Rockhampton Regional Council Child Care Employees Certified Agreement 2018 [2023] QIRC 109

PARTIES:

Rockhampton Regional Council

AND

The Australian Workers’ Union of Employees, Queensland

CASE NO:

CB/2023/22

PROCEEDING:

Termination of an agreement

DELIVERED ON:

14 April 2023

HEARING DATE: 

14 April 2023

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The Rockhampton Regional Council Child Care Employees Certified Agreement 2018 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) ss 189, 228

APPEARANCES:

P. Spoto, Local Government Association of Queensland for the Rockhampton Regional Council

D. Marr, The Australian Workers’ Union of Employees, Queensland

Reasons for Decision

1. On 22 March 2023, the Rockhampton Regional Council ('Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('Act'), to terminate the Rockhampton Regional Council Child Care Employees Certified Agreement 2018 ('Agreement').

2. The Agreement has a nominal expiry date of 1 July 2022.

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.

1. On 22 March 2023, the Applicant filed an affidavit in support of the application affirmed by Mr Evan Pardon, Chief Executive Officer of the Rockhampton Regional Council, together with a Form 50 - Notice of intention to terminate certified agreement or arbitration determination.  

2. After considering the material relied upon in support of the application, I am satisfied that:

   ·the Agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[1]

   ·the Applicant has given notice of its intention to apply to terminate the Agreement;[2]

   ·all parties to the Agreement agree to it being terminated;[3] and

   ·the termination of the 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 s228(3)(b)(i).

   [4] Ibid s228(3)(b)(ii).

1. Filed contemporaneously with this application was an application pursuant to s 189 of the Act to certify the Rockhampton Regional Council Child Care Employees Certified Agreement 2022.[5]

   [5] Matter CB/2023/23. Filed on 22 March 2023.

1. Section 228(4) of the Act provides that termination of the Agreement takes effect when the Commission's approval takes effect.

2. Accordingly, I approve the termination of the Agreement with effect from 14 April 2023.

1. I make the following order:

1.The Rockhampton Regional Council Child Care Employees Certified Agreement 2018 is terminated.