In the termination of the Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3)

[2022] QIRC 228

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3) [2022] QIRC 228

PARTIES:

Toowoomba Regional Council

AND

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

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

CASE NO:

CB/2022/42

PROCEEDING:

Termination of an agreement

DELIVERED ON:

17 June 2022

HEARING DATE: 

17 June 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3) 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:

Ms M Martin of the Local Government Association of Queensland for the Toowoomba Regional Council

Mr D Murphy for the Queensland Services, Industrial Union of Employees

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

Ms A Jack for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Reasons for Decision

1. The Toowoomba Regional Council has applied to terminate the Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3).It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 4 July 2021 and the parties consent to its termination.

1. On the basis that the agreement does not include any provisions recording that any particularly conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Toowoomba Regional 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 agreement is not contrary to the public interest;[4] the Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3) is terminated as from 17 June 2022.[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)

1. I make the following order: The Toowoomba Regional Council Office Based Staff Certified Agreement 2018 (No.3) is terminated.