In the termination of the South Burnett Regional Council Certified Agreement – Field Staff 2023

[2025] QIRC 220

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the South Burnett Regional Council Certified Agreement – Field Staff 2023 [2025] QIRC 220

PARTIES:

South Burnett Regional Council

AND

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

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

The Australian Workers' Union of Employees, Queensland

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

CASE NO:

CB/2025/55

PROCEEDING:

Termination of an agreement

DELIVERED ON:

20 August 2025

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

The South Burnett Regional Council Certified Agreement – Field Staff 2023 is terminated  

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 228

APPEARANCES:

A. Farmer, Local Government Association of Queensland, on behalf of the South Burnett Regional Council

E. Dalgleish for Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

C. Taylor for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 15 July 2025, South Burnett Regional Council ('the Applicant') applied, pursuant to s 228 of the Industrial Relations Act 2016 (Qld) ('IR Act'), to terminate the South Burnett Regional Council Certified Agreement – Field Staff 2023 ('the certified agreement').  

2. The certified agreement has a nominal expiry date of 1 January 2025.

1. Section 228(3) of the IR 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. I have had regard to:

   ·The submissions made by the parties who appeared today; and

   ·The Affidavit of Mr Mark Pitt filed on 15 July 2025.

1. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

2. On 15 July 2025, the Applicant made an application, pursuant to s 189 of the Act, to certify the South Burnett Regional Council Certified Agreement – Field Staff 2025.

3. The following employee organisations have agreed to the terms of the South Burnett Regional Council Certified Agreement – Field Staff 2025 which will replace the certified agreement:

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

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

   ·     The Australian Workers' Union of Employees, Queensland

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

4. 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.

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

6. I approve the termination of the South Burnett Regional Council Certified Agreement – Field Staff 2023 from 20 August 2025.

1. I make the following order:

   The South Burnett Regional Council Certified Agreement – Field Staff 2023 is terminated.