In the termination of the Tourism and Events Queensland Certified Agreement 2019

[2023] QIRC 253

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Tourism and Events Queensland Certified Agreement 2019 [2023] QIRC 253

PARTIES:

State of Queensland (Tourism and Events Queensland Employing Office)

AND

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2023/82

PROCEEDING:

Termination of an agreement

DELIVERED ON:

1 September 2023

HEARING DATE:

1 September 2023

MEMBER:

HEARD AT:

Dwyer IC

Brisbane

ORDER:

The Tourism and Events Queensland Certified Agreement 2019 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:

Dr. J Shingles and Ms. P Haripersad of Mapien and Ms. D Cuman of the State of Queensland (Tourism and Events Queensland Employing Office)    

Mr. D Goldman for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. On 10 August 2023, the State of Queensland (Tourism and Events Queensland Employing Office) (‘the Applicant’) applied to terminate the Tourism and Events Queensland Certified Agreement 2019 (‘the certified agreement’) pursuant to s 228(1) of the Industrial Relations Act 2016 (‘the Act’).

2. The certified agreement had a nominal expiry date of 31 August 2022.

3. The application was filed in the Industrial Registry together with the affidavit of Ms Diana Cuman, People and Leadership Director of the Applicant, and a Form 50 – Notice of intention to terminate certified agreement or arbitration determination.

1. After having regard to the material filed in support of the application, I am satisfied that:

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

   b.       the Applicant 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).

2. I have had regard also to an application made by the Applicant to certify the Tourism and Events Queensland Certified Agreement 2022.[5]

   [5] Matter CB/2023/83 filed 10 August 2023.

3. Section 228(4) of the Act provides that termination takes effect when the Commission’s approval takes effect. I approve the termination of the certified agreement with effect from 1 September 2023.

4. I make the following order:

   The Tourism and Events Queensland Certified Agreement 2019 is terminated.