In the termination of the Torres Strait Island Regional Council Certified Agreement 2015

[2021] QIRC 303

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Torres Strait Island Regional Council Certified Agreement 2015 [2021] QIRC 303

PARTIES:

Torres Strait Island Regional Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2021/29

PROCEEDING:

Termination of an agreement

DELIVERED ON:

1 September 2021  

HEARING DATE: 

1 September 2021

MEMBER:

McLennan IC

HEARD AT:

Brisbane

ORDER:

1.   The Torres Strait Island Regional Council Certified Agreement 2015 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 (Qld) s 228

APPEARANCES:

Ms T Burrell and Ms P. Sam for Torres Strait Island Regional Council

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

Mr S Boman for Queensland Services, Industrial Union of Employees

Reasons for Decision

1. On 3 August 2021, the Torres Strait Island Regional Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Torres Strait Island Regional Council Certified Agreement 2015 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2017.

2. The application was filed in the Industrial Registry together with an affidavit in support of Mr David Baldwin, Acting Chief Executive Officer of the Council, and a Notice of Intention to terminate a Certified Agreement.

1. Having regard to the material relied upon in support of the application, I am satisfied that:

   (a)the certified agreement does not include any provisions recording that any particular conditions need be met before it may be terminated;[1]

   (b)the Council has given notice of its intention to apply to terminate the certified agreement;[2]

   (c)all parties to the certified agreement agree to it being terminated;[3] and

   (d)the termination of the certified agreement is not contrary to the public interest.[4]

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

   [2] Ibid s 228(2).

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

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

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

2. In matter CB/2021/30, an application was made by the Council, the Australian Workers' Union of Employees, Queensland and Queensland Services, Industrial Union of Employees to certify the Torres Strait Island Regional Council Certified Agreement 2021.[5]

   [5] Filed in the Industrial Registry on 3 August 2021.

3. Accordingly, I approve the termination of the certified agreement with effect from 1 September 2021.

1. I make the following order:

1.The Torres Strait Island Regional Council Certified Agreement 2015 is terminated.