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In the termination of the Somerset Regional Council – Officers Certified Agreement 2020[2023] QIRC 321

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Somerset Regional Council – Officers Certified Agreement 2020 [2023] QIRC 321
PARTIES:	Somerset Regional Council AND Queensland Services, Industrial Union of Employees
CASE NO.:	CB/2023/124
PROCEEDING:	Application for termination of an agreement
DELIVERED ON:	13 November 2023
HEARING DATE:	13 November 2023
MEMBER:	Power IC
HEARD AT:	Brisbane
ORDER:	The *Somerset Regional Council – Officers Certified Agreement 2020* 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 (Qld), ss 189 and 228
APPEARANCES:	Ms N. Hope and Ms S. Terera for Somerset Regional Council Mr J. Donaghy for Queensland Services, Industrial Union of Employees

Reasons for Decision

[1]
On 31 October 2023, the Somerset Regional Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Somerset Regional Council – Officers Certified Agreement 2020 - ('the certified agreement').

[2]
The certified agreement has a nominal expiry date of 30 June 2023.

[3]
Section 228 of the Act provides:

228
Termination after nominal expiry date

(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—

(a)
the employer;

(b)
a valid majority of the relevant employees;

(c)
an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.

(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.

(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 termination takes effect when the commission's approval takes effect.

[4]
I have had regard to:

(a)
the submissions made by the parties who appeared today; and

(b)
the affidavit of Mr Andrew Johnson, Chief Executive Officer of the Applicant.

[5]
The certified agreement does not provide that particular conditions need to be met before it may be terminated.

[6]
I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

[7]
On 31 October 2023, the Applicant made an application, pursuant to s 189 of the Act, to certify the Somerset Regional Council – Officers Certified Agreement 2023.

[8]
The Applicant and the following employee organisations have agreed to the terms of the Somerset Regional Council – Officers Certified Agreement 2023 which will replace the certified agreement:

(a)
Somerset Regional Council; and

(b)
Queensland Services, Industrial Union of Employees.

[9]
I am satisfied that:

(a)
all parties to the certified agreement agree to it being terminated; and

(b)
the termination of the certified 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 Somerset Regional Council – Officers Certified Agreement 2020 with effect from 13 November 2023.

[12]
I make the following order:

The Somerset Regional Council – Officers Certified Agreement 2020 is terminated.

Editorial Notes

Published Case Name:
In the termination of the Somerset Regional Council – Officers Certified Agreement 2020
Shortened Case Name:
In the termination of the Somerset Regional Council – Officers Certified Agreement 2020
MNC:
[2023] QIRC 321
Court:
QIRC
Judge(s):
Power IC
Date:
13 Nov 2023

Appeal Status

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In the termination of the Somerset Regional Council – Officers Certified Agreement 2020[2023] QIRC 321