In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4)

[2024] QIRC 39

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4)  [2024] QIRC 039

PARTIES:

Sunshine Coast Council

AND

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2024/4

PROCEEDING:

Termination of an agreement

DELIVERED ON:

14 February 2024

HEARING DATE: 

14 February 2024

MEMBER:

Dwyer IC

HEARD AT:

Brisbane

ORDER:

The is Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4)    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 228

APPEARANCES:

Mr P Spoto for Sunshine Coast Council

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

Ms J Wiggan for Queensland Services, Industrial Union of Employees

No appearance for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Brand, Union of Employees

Reasons for Decision

1. On 12 January 2024, Sunshine Coast Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4) ('the certified agreement').

2. The certified agreement has a nominal expiry date of 30 June 2023.

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. I have had regard to:

   ·The submissions made by the parties who appeared today; and

   ·The Affidavit of Ms Emma Thomas, Chief Executive Officer of Sunshine Coast Council, filed on 12 January 2024.

2. The certified agreement does not provide that particular conditions need to be met before it may be terminated.

3. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

4. On 12 January 2024, the Applicant made an application, pursuant to s 189 of the Act, to certify the Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5).

5. The following employee organisations have agreed to the terms of the Sunshine Coast Council Salaried Officers Certified Agreement 2023 (No.5) which will replace the certified agreement:

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

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

   ·Queensland Services, Industrial Union of Employees

1. I am satisfied that:

   ·All parties to the certified agreement agree to it being terminated; and

   ·The termination of the certified agreement is not contrary to the public interest.

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

3. I approve the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4) from 14 February 2024.

1. I make the following order:

The Sunshine Coast Council Salaried Officers Certified Agreement 2020 (No.4)   is terminated.