In the termination of the Southern Downs Regional Council Determination 2019 – Stream A Employees

[2023] QIRC 119

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Southern Downs Regional Council Determination 2019 – Stream A Employees [2023] QIRC 119

PARTIES:

Southern Downs Regional Council

AND

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2023/28

PROCEEDING:

Termination of determination after nominal expiry date

DELIVERED ON:

4 May 2023

HEARING DATE

4 May 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The Southern Downs Regional Council Determination 2019 – Stream A Employees is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of determination after nominal expiry date – requirements for termination – determination terminated

LEGISALTION: 

Industrial Relations Act 2016 (Qld) s 189 and s 228

APPEARANCES:

Ms S. Wishart for the Council.

Mr J. Donaghy of Queensland Services, Industrial Union of Employees.

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

Reasons for Decision

1. On 31 March 2023, the Southern Downs Regional Council ('the Council'), applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the Southern Downs Regional Council Determination 2019 – Stream A Employees ('the determination).

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

3. The application was filed in the Industrial Registry, together with an affidavit in support of Mr Dave Burges, Chief Executive Officer of the Council, and a Notice of intention to terminate a determination.

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

(a)the determination does not include any provisions recording that any particular conditions need be met before it may be terminated;[1]

(b)the Council has given notice of its intention to apply to terminate the determination;[2]

(c)all parties to the determination agree to it being terminated;[3] and

(d)the termination of the determination 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 also had regard to an application having been made by the Council, The Australian Workers' Union of Employees, Queensland, and Queensland Services, Industrial Union of Employees to certify the Southern Downs Regional Council Certified Agreement 2023 – Stream A Employees.[5]

   [5] Matter CB/2023/29 filed on 31 March 2023.

1. 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 determination with effect from 4 May 2023.

2. I make the following order:

The Southern Downs Regional Council Determination 2019 – Stream A Employees is terminated.