In the termination of the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019
[2023] QIRC 267
•18 September 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 [2023] QIRC 267 |
PARTIES: | State of Queensland (Department of Transport and Main Roads) AND Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Together Queensland, Industrial Union of Employees United Workers' Union, Industrial Union of Employees, Queensland |
CASE NO: | CB/2023/99 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 18 September 2023 |
HEARING DATE: | 18 September 2023 |
MEMBER: HEARD AT: | Dwyer IC Brisbane |
ORDER: | The Transport and Main Roads Enterprise Bargaining 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: | Ms T. Cowburn and Ms A. Winter for the State of Queensland (Department of Transport and Main Roads) No appearances for the Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District Ms A. Jack for The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Mr K. McKay for Together Queensland, Industrial Union of Employees Ms L. Dooley for the United Workers' Union, Industrial Union of Employees, Queensland |
Reasons for Decision
On 7 September 2023, the State of Queensland (Department of Transport and Main Roads) ('the Applicant') applied to terminate the Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 ('the certified agreement') pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act').
The certified agreement had a nominal expiry date of 30 June 2022.
The application was filed in the Industrial Registry together with the affidavit of Ms Sally Stannard, Acting Director-General of the Applicant, and a Form 50 – Notice of intention to terminate certified agreement or arbitration determination.
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).
I have also had regard to an application made by the Applicant to certify the Transport and Main Roads Enterprise Bargaining Certified Agreement 2022.[5]
[5] Matter CB/2023/100 filed 7 September 2023.
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 18 September 2023.
Order
I make the following order:
The Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 is terminated.
0
0
0