In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3)

[2021] QIRC 3

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3) [2021] QIRC 003

PARTIES:

Sunshine Coast Council

AND

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/89

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

5 January 2021

HEARING DATE: 

5 January 2021

HEARD AT:

Brisbane

MEMBER:

POWER IC

ORDER:

The Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3) is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld)

Reasons for Decision

1. On 16 December 2020, the Sunshine Coast Council ("the Applicant") has applied to terminate the Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3) ("the Agreement"). It does so pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ("the Act").

1. The Agreement nominally expired on 30 June 2020.

2. Section 228 of the Act provides:

   228     Termination after nominal expiry date

   (1)     After the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination—

   (a)      the employer;

   (b)      a valid majority of the relevant employees;

   (c)an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.

   (2)     The person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.

   (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.

   (4)     The termination takes effect when the commission’s approval takes effect.

3. I have considered the affidavit of Ms. Emma Thomas, Chief Executive Officer of Sunshine Coast Council, filed on 16 December 2020.

1. The Agreement does not provide that particular conditions need to be met before it may be terminated.[1]

   [1] Industrial Relations Act 2016 s 228(3)(a).

2. I am satisfied that the Applicant has given the requisite notice of their intention to apply to terminate the Agreement.[2]

[2] Industrial Relations Act 2016 s 228(2).

1. I am also satisfied that:

   (a)all parties to the Agreement agree to it being terminated;[3] and

   (b)the termination of the Agreement is not contrary to the public interest.[4]

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

1. On 16 December 2020, an application was made by the following parties, pursuant to s 189 of the Act, to certify the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4):

   ·Sunshine Coast Council;

   ·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and

   ·Queensland Services, Industrial Union of Employees.

2. The abovementioned parties and the following employee organisations have agreed to the terms of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No. 4) which will replace the Agreement:

   ·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and

   ·Queensland Services, Industrial Union of Employees.

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

4. I approve the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3) with effect from 5 January 2021.

5. I make the following order:

   The Sunshine Coast Council Salaried Officers Certified Agreement 2017 (No. 3) is terminated.