In the termination of the Southern Downs Regional Council Certified Agreement 2018 – Operational Employees

[2022] QIRC 62

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Southern Downs Regional Council Certified Agreement 2018 – Operational Employees [2022] QIRC 062

PARTIES:

Southern Downs Regional Council

AND

The Australian Workers' Union of Employees, Queensland

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

Transport Workers Union of Australia, Union of Employees

CASE NO:

CB/2021/66

PROCEEDING:

Termination of an agreement

DELIVERED ON:

25 February 2022

HEARING DATE: 

25 February 2022

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

1.   The Southern Downs Regional Council Certified Agreement 2018 – Operational Employees 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 189, 228

APPEARANCES:

Ms S Wishart and Ms B March for the Southern Downs Regional Council

Mr P Dunbar for the Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland

Mr G Taylor for the Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 23 December 2021, Southern Downs Regional Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Southern Downs Regional Council Certified Agreement 2018 – Operational Employees ('the certified agreement').

2. The certified agreement has a nominal expiry date of 1 July 2021.

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. The application was filed on 23 December 2021 in the Industrial Registry, together with an affidavit of Ms Brook March, Manager of Human Resources of Southern Downs Regional Council, and a Notice of Intention to terminate a Certified Agreement.

2. Having regard to the material relied upon in support of the application, I am satisfied that:

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

   ·the Council has given notice of its intention to apply to terminate the certified agreement;[2]

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

   ·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 s228(3)(b)(i).

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

1. I have also had regard to an application, having been made by the Applicant pursuant to s 189 of the Act, to certify the Southern Downs Regional Council Certified Agreement ­2021 – Operational Employees.[5]

   [5] Matter CB/2022/67, filed on 23 December 2021.

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

2. Accordingly, I approve the termination of the Southern Downs Regional Council Certified Agreement 2018 – Operational Employees with effect from 25 February 2022.

1. I make the following order:

1.The Southern Downs Regional Council Certified Agreement ­2018 – Operational Employees is terminated.