Exit Distraction Free Reading Mode
- Unreported Judgment
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: |
|
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').
- [2]The Agreement has a nominal expiry date of 13 February 2016.
- [3]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.
- [4]The Agreement does not provide that particular conditions need to be met before it may be terminated.
- [5]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.
- [6]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.
- [7]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.
- [8]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.
- [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.
- [10]Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.
- [11]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.
- [12]I make the following order:
- The Western Downs Regional Council Enterprise Bargaining Certified Agreement - Internal 2012 (CA/2013/21) is terminated.