In the termination of the State Government Entities Certified Agreement 2015

[2021] QIRC 182

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the State Government Entities Certified Agreement 2015 [2021] QIRC 182

PARTIES:

State of Queensland (Department of Children, Youth Justice and Multicultural Affairs)

AND

Together Queensland, Industrial Union of Employees

AND

The Australian Workers' Union of Employees, Queensland

AND

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2021/13

PROCEEDING:

Termination of a Certified Agreement

DELIVERED ON:

28 May 2021

HEARING DATE:

28 May 2021

MEMBER:

HEARD AT:

Knight IC

Brisbane

ORDERS:

The State Government Entities Certified Agreement 2015 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of a certified agreement before nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016 ch 4, pt 7, div 3

APPEARANCES:

Ms C Toy of Crown Law for the State of Queensland (Department of Children, Youth Justice and Multicultural Affairs)

Mr M Thomas for Together Queensland, Industrial Union of Employees

Mr B Watson for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 12 May 2021, the following parties applied to terminate the State Government Entities Certified Agreement 2015 ('the certified agreement') pursuant to s 227(1) of the Industrial Relations Act 2016 ('the Act'):

   ·State of Queensland (Department of Children, Youth Justice and Multicultural Affairs) ('the Department');

   ·Together Queensland, Industrial Union of Employees;

   ·The Australian Workers' Union of Employees, Queensland; and

   ·United Voice, Industrial Union of Employees, Queensland,

   (Collectively, the 'Applicants').

2. The certified agreement has a nominal expiry date of 31 August 2022.

3. Section 227(2) of the Act provides:

   (2)     The commission must approve the termination if, and must not approve the termination unless, satisfied a valid majority of the relevant employees at the time approve the termination.

4. In making my decision I have had regard to the submissions made by the parties who appeared at the hearing today, as well as the affidavit of Ms Deidre Mulkerin, Director-General of the Department, filed on 12 May 2021.

5. I am satisfied the application is brought by the employer and all the organisations to which the certified agreement applies.

6. I am satisfied that a valid majority of the relevant employees approve the termination.

7. I note that, also on 12 May 2021, the Department made an application under s 189 of the Act to certify the Child Safety and Youth Justice Certified Agreement 2021.

8. The Applicants have agreed to the terms of the Child Safety and Youth Justice Certified Agreement 2021 which will replace the certified agreement.

9. Section 227(3) of the Act provides that termination takes effect when the Commission's approval takes effect.

10. I approve the termination of the certified agreement with effect from 28 May 2021.

11. I make the following order:

    The State Government Entities Certified Agreement 2015 is terminated.