In the termination of the Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21)

[2020] QIRC 45

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) [2020] QIRC 045

PARTIES:

Western Downs Regional Council

AND

Queensland Services, Industrial Union of Employees

Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2020/8

PROCEEDING:

Termination of an agreement

DELIVERED ON:

26 March 2020

HEARING DATE: 

26 March 2020

HEARD AT:

Brisbane

MEMBER:

Dwyer IC

ORDER:

1.   The Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) 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:

Mr S. Thompson for the Western Downs Regional Council.

Mr J. Harding for the Australian Workers' Union of Employees, Queensland.

Mr S. Boman for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. On 4 March 2020, the Chief Executive Officer of the Western Downs Regional Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) ('the Agreement').

1. The Agreement has a nominal expiry date of 13 February 2016.

2. Section 228(3) of the Act provides:

   (3)     The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and -

   (a)for an agreement or determination that provides that it may be terminated if particular conditions are met - the conditions have been met; or

   (b)for an agreement or determination that does not provide for the way it may be terminated -

   (i)the other parties to the agreement or determination agree to it being terminated; and

   (ii)termination of the agreement or determination is not contrary to the public interest.

3. The Agreement does not provide that particular conditions need to be met before it may be terminated.

4. Having regard to the two affidavits of Mr Ross Musgrove both filed 4 March 2020, I am satisfied that the Western Downs Regional Council has given the requisite notice of its intention to apply to terminate the Agreement.

5. I have had regard to:

   ·the submissions made by the parties who appeared today; and

   ·the two affidavits of Mr Ross Musgrove of the Western Downs Regional Council both filed 4 March 2020.

6. On 4 March 2020, the Chief Executive Officer of the Western Downs Regional Council made an application, pursuant to s 189 of the Act, to certify the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020.

7. The Western Downs Regional Council and the following employee organisations have agreed to the terms of the Western Downs Regional Council Non-Operational Staff Certified Agreement - 2020 which will replace the Agreement:

   ·     Queensland Services, Industrial Union of Employees; and

   ·     Australian Workers' Union of Employees, Queensland.

1. I am satisfied that:

   ·     all parties to the Agreement agree to it being terminated; and

   ·     the termination of the Agreement is not contrary to the public interest.

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

3. I approve the termination of the Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) with effect from 26 March 2020.

4. I make the following order:

1.The Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) is terminated.