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Queensland Judgments
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  • Unreported Judgment

Re Redland City Council Employees' Certified Agreement 2013

 

[2019] QIRC 186

 

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

 

CITATION: 

In the termination of the Redland City Council Employees' Certified Agreement 2013 [2019] QIRC 186

PARTIES: 

Redland City Council

AND

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

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

The Australian Workers' Union of Employees, Queensland

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

CASE NO:

CB/2019/121

PROCEEDING:

Termination of an agreement

DELIVERED ON:

6 December 2019

HEARING DATE:

6 December 2019

HEARD AT:

Brisbane

MEMBER:

Dwyer IC

ORDER:

  1. Redland City Council Employees' Certified Agreement 2013 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. Blaney and Mr T. Daley for the Redland City Council.

Reasons for Decision

  1. [1]
    On 18 November 2019, the Chief Executive Officer of the Redland City Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Redland City Council Employees' Certified Agreement 2013 ('the Agreement').
  1. [2]
    The Agreement has a nominal expiry date of 30 June 2016.
  1. [3]
    Section 228(3) of the Act provides:
  1. (3)
    The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and -
  1. (a)
    for an agreement or determination that provides that it may be terminated if particular conditions are met - the conditions have been met; or
  1. (b)
    for an agreement or determination that does not provide for the way it may be terminated -
  1. (i)
    the other parties to the agreement or determination agree to it being terminated; and
  1. (ii)
    termination of the agreement or determination is not contrary to the public interest.
  1. [4]
    The Agreement does not provide that particular conditions need to be met before it may be terminated.
  1. [5]
    Having regard to the affidavit of Mr Andrew Chesterman filed 18 November 2019, I am satisfied that the Redland City Council has given the requisite notice of its intention to apply to terminate the Agreement.
  1. [6]
    I have had regard to:
  • the submissions made by the parties who appeared today; and
  • the affidavit of Mr Andrew Chesterman of the Redland City Council dated 18 November 2019.
  1. [7]
    On 18 November 2019, the Chief Executive Officer of the Redland City Council made an application, pursuant to s 189 of the Act, to certify the Redland City Council Employees' Certified Agreement 2019.
  1. [8]
    The Redland City Council and the following employee organisations have agreed to the terms of the Redland City Council Employees' Certified Agreement 2019 which will replace the Agreement:
  • The Australian Workers' Union of Employees, Queensland 
  • Transport Workers' Union of Australia, Union of Employees (Queensland Branch)
  • Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland
  • Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
  • Plumbers & Gasfitters Employees' Union Queensland, Union of Employees
  • The Electrical Trades Union of Employees, Queensland
  1. [9]
    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.
  1. [10]
    Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.
  1. [11]
    I approve the termination of the Redland City Council Employees' Certified Agreement 2013 with effect from 6 December 2019.
  1. [12]
    I make the following order:
  1. The Redland City Council Employees' Certified Agreement 2013 is terminated.
Close

Editorial Notes

  • Published Case Name:

    In the termination of the Redland City Council Employees' Certified Agreement 2013

  • Shortened Case Name:

    Re Redland City Council Employees' Certified Agreement 2013

  • MNC:

    [2019] QIRC 186

  • Court:

    QIRC

  • Judge(s):

    Dwyer IC

  • Date:

    06 Dec 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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