In the termination of the Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012

[2021] QIRC 291

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:         

In the termination of the Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012 [2021] QIRC 291

PARTIES:

Western Downs Regional Council

AND

Australian Workers Union of Employees, Queensland

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2021/35

PROCEEDING:

Termination of an agreement

DELIVERED ON:

27 August 2021  

HEARING DATE: 

27 August 2021

MEMBER:

Hartigan IC

HEARD AT:

Brisbane

ORDER:

1.   The Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012 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 E. McGovern for Western Downs Regional Council

Mr D. Marrs for Australian Workers Union of Employees, Queensland 

Mr J. Marks for United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

1. On 16 August 2021, the Western Downs Regional Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012 ('the certified agreement').

1. The certified agreement has a nominal expiry date of 30 June 2015.

2. The application was filed in the Industrial Registry together with an affidavit in support of Mr Ross Musgrove, 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 this matter, an application was made by the Council, the Australian Workers Union of Employees, Queensland and United Voice, Industrial Union of Employees, Queensland to certify the Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2021.[5]

   [5] Filed in the Industrial Registry on 16 August 2021.

3. Accordingly, I approve the termination of the certified agreement with effect from 27 August 2021.

1. I make the following order:

1.       The Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012 is terminated.