In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016

[2020] QIRC 157

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 [2020] QIRC 157

PARTIES:

State of Queensland (Department of Transport and Main Roads)
(Applicant)

v

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees
(First Respondent)

&

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
(Second Respondent)

&

The Australian Workers' Union of Employees, Queensland
(Third Respondent)

&

The Electrical Trades Union of Employees Queensland
(Fourth Respondent)

&

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)
(Fifth Respondent)

&
Together Queensland, Industrial Union of Employees
(Sixth Respondent)

CASE NO:

CB/2020/67

PROCEEDING:

Application for termination after expiry date

DELIVERED ON:

3 September 2020

MEMBER:

HEARD AT:

Knight IC

On the papers

ORDER:

1.      The Transport and Main Roads Operational Employees' Certified Agreement 2016 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

Reasons for Decision

1. On 27 August 2020, the State of Queensland (Department of Transport and Main Roads) ("the Applicant") applied, pursuant to s 228(1)(a) of the Industrial Relations Act 2016 ("the Act"), to terminate the Transport and Main Roads Operational Employees' Certified Agreement 2016 ("the certified agreement").

2. The certified agreement has a nominal expiry date of 31 August 2019.

3. I have considered the affidavit of Mr Neil Scales, Director-General, Department of Transport and Main Roads, affirmed on 26 August 2020.

4. Having regard to the material relied upon in support of the application, I have concluded that the certified agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated.[1]

   [1] s 228(3) of the Act.

5. I am satisfied that the Applicant has given notice of its intention to apply to terminate the certified agreement;[2] that the other parties to the certified agreement agree to its being terminated;[3] and that the termination of the certified agreement is not contrary to the public interest.[4]

   [2] Ibid s 228(2).

   [3] Ibid ss 228(3)(b)(i) and 952ZB(2).

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

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

7. I approve the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 with effect from 3 September 2020.

8. I make the following order:

   1.       The Transport and Main Roads Operational Employees' Certified Agreement 2016 is terminated.