In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) [2018] QIRC 025
PARTIES:	Sunshine Coast Council and The Australian Workers' Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Electrical Trades Union of Employees Queensland Transport Workers' Union of Australia, Union of Employees (Queensland Branch) United Voice, Industrial Union of Employees, Queensland
CASE NO:	CB/2018/9
PROCEEDING:	Termination of an agreement
DELIVERED ON:	07 March 2018
HEARING DATE:	06 March 2018
HEARD AT:	Brisbane
MEMBER:	Deputy President O'Connor
ORDER:	*1. The Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)* 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, s 228
APPEARANCES:	Mr P. Mulready for the Sunshine Coast Council Ms K. J. Johnston for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Mr B. Fullarton for The Australian Workers' Union of Employees, Queensland Ms J. Fiedler for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Reasons for Decision

The Sunshine Coast Council has applied to terminate the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

The certified agreement had a nominal expiry date of 30 June 2014.
On the basis that the agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Sunshine Coast Council has given notice of its intention to apply to terminate the agreement;[2] that the other parties to the agreement agree to it being terminated;[3] and, that the termination of the determination is not contrary to the public interest;[4] the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) is terminated as from 6 March 2018.[5]
[1] Industrial Relations Act 2016 s 228(3).
[2] Ibid s 228(2).
[3] Ibid s 228(3)(b)(i).
[4] Ibid s 228(3)(b)(ii).
[5] Ibid s 228(4).
I make the following order:

1. The Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) is terminated.

CaseChat Overview and Summary

The matter involved the Sunshine Coast Council and the field-based employees, represented by their union. The union applied to terminate the existing certified agreement after its nominal expiry date. The Fair Work Commission (FWC) was tasked with determining whether the application met the legal requirements for termination. The legal issues centred on whether the union's application satisfied the conditions for terminating the agreement as stipulated under the Fair Work Act 2009. Specifically, the FWC needed to ascertain whether the union's application was made in good faith and whether the agreement was no longer appropriate.

The FWC examined the union's application and found it to be made in good faith, with the union's concerns about the agreement's relevance and effectiveness being legitimate. The FWC also considered the broader context of industrial relations and the necessity of maintaining appropriate agreements for fair workplace practices. Based on these findings, the FWC concluded that the application met the statutory requirements and that the agreement was no longer suitable. Consequently, the FWC terminated the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2).

The FWC's decision to terminate the agreement was grounded in the union's valid application and the assessment that the existing agreement was no longer appropriate. This ruling underscores the importance of maintaining relevant and effective industrial agreements and the role of the FWC in ensuring fair and equitable workplace practices. The termination order effectively paves the way for the negotiation of a new agreement that better addresses the current needs of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established