In the termination of the WorkCover Employing Office – Certified Agreement 2018
[2023] QIRC 197
•5 July 2023
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the WorkCover Employing Office – Certified Agreement 2018 [2023] QIRC 197 |
PARTIES: | WorkCover Employing Office AND Together Queensland, Industrial Union of Employees |
CASE NO: | CB/2023/59 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 5 July 2023 |
HEARING DATE | 5 July 2023 |
MEMBER: HEARD AT: | Hartigan DP Brisbane |
ORDER: | The WorkCover Employing Office – Certified Agreement 2018 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. Wright, Ms R. Eagar and Mr J. Kinnane of the WorkCover Employing Office Mr D. Goldman of Together Queensland, Industrial Union of Employees |
Reasons for Decision
On 21 June 2023, the WorkCover Employing Office applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act'), to terminate the WorkCover Employing Office – Certified Agreement 2018 ('the certified agreement').
The certified agreement has a nominal expiry date of 30 September 2022.
The application was filed in the Industrial Registry, together with several affidavits in support of Ms Emma Wright, Chief People Officer, WorkCover Employing Office, and a Notice of intention to terminate a certified agreement.
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 WorkCover Employing Office 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 having been made by the WorkCover Employing Office and Together Queensland, Industrial Union of Employees to certify the WorkCover Employing Office – Certified Agreement 2022.[5]
[5] Matter CB/2023/60 filed on 21 June 2023.
Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect. I approve the termination of the certified agreement with effect from 5 July 2023.
I make the following order:
The WorkCover Employing Office – Certified Agreement 2018 is terminated.
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