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In the termination of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019[2022] QIRC 278

In the termination of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019[2022] QIRC 278

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019 [2022] QIRC 278

PARTIES:

Townsville City Council

AND

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

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

The Electrical Trades Union of Employees Queensland

Queensland Services, Industrial Union of Employees

CASE NO.:

CB/2022/58

PROCEEDING:

Termination of an agreement

DELIVERED ON:

25 July 2022

HEARING DATE:

25 July 2022

MEMBER:

Power IC

HEARD AT:

Brisbane

ORDER:

The Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016, ss 189 and 228

APPEARANCES:

Ms N Hope of The Local Government Association of Queensland for the Townsville City Council.

Mr J Maguire for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

  1. [1]
    On 6 July 2022, the Townsville City Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019 ('the certified agreement').
  1. [2]
    The certified agreement has a nominal expiry date of 30 November 2021.
  1. [3]
    Section 228 of the Act provides:

228 Termination after nominal expiry date

  1. (1)
    After the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination—
  1. (a)
    the employer;
  1. (b)
    a valid majority of the relevant employees;
  1. (c)
    an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.
  1. (2)
    The person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.
  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 termination takes effect when the commission’s approval takes effect.
  1. [4]
    I have had regard to:
  1. (a)
    the submissions made by the parties who appeared today; and
  1. (b)
    the affidavit of Dr Prins Ralston, Chief Executive Officer of the Applicant.
  1. [5]
    The certified agreement does not provide that particular conditions need to be met before it may be terminated.
  1. [6]
    I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.
  1. [7]
    On 6 July 2022, the Applicant made an application, pursuant to s 189 of the Act, to certify the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2022.
  1. [8]
    The Applicant and the following employee organisations have agreed to the terms of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2022 which will replace the certified agreement:
  1. (a)
    The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;
  1. (b)
    Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;
  1. (c)
    Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;
  1. (d)
    The Electrical Trades Union of Employees Queensland; and
  1. (e)
    Queensland Services, Industrial Union of Employees.
  1. [9]
    I am satisfied that:
  1. (a)
    all parties to the certified agreement agree to it being terminated; and
  1. (b)
    the termination of the certified 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 Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019 with effect from 25 July 2022.
  1. [12]
    I make the following order:

The Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019 is terminated.

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Editorial Notes

  • Published Case Name:

    In the termination of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019

  • Shortened Case Name:

    In the termination of the Townsville City Council (Queensland Local Government Officers) Certified Agreement 2019

  • MNC:

    [2022] QIRC 278

  • Court:

    QIRC

  • Judge(s):

    Member Power IC

  • Date:

    25 Jul 2022

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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