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  4. In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020 - [2024] QIRC 56

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In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020[2024] QIRC 56

In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020[2024] QIRC 56

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020 [2024] QIRC 56

PARTIES:

State of Queensland (Queensland Parliamentary Service)

AND

United Workers' Union, Industrial Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2024/11

PROCEEDING:

Application for termination of an Agreement

DELIVERED ON:

1 March 2024

HEARING DATE:

1 March 2024

MEMBER:

Knight IC

HEARD AT:

Brisbane

ORDERS:

The Parliamentary Service Electorate Office Staff Certified Agreement 2020 is terminated.

CATCHWORDS:

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

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 189, 228

APPEARANCES:

Mr P. Morris of State of Queensland (Queensland Parliamentary Services)

Mr O Samson of Together Queensland, Industrial Union of Employees

Mr A. Nash of United Workers’ Union, Industrial Union of Employees, Queensland

Reasons for Decision

  1. [1]
    On 16 February 2024, the State of Queensland (Queensland Parliamentary Service) ('the QPS) applied to terminate the Parliamentary Service Electorate Office Staff Certified Agreement 2020 ('the agreement') pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the IR Act').
  2. [2]
    The agreement has a nominal expiry date of 31 August 2023.
  3. [3]
    Section 228(3) of the IR Act provides:
  1.  The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and—
  1.  for an agreement or determination that provides that it may be terminated if particular conditions are met-the conditions have been met; or
  1.  for an agreement or determination that does not provide for the way it may be terminated—
  1.  the other parties to the agreement or determination agree to it being terminated; and
  1.  termination of the agreement or determination is not contrary to the public interest.
  1. [4]
    In making my decision I have had regard to s 228(3), the submissions made by the parties who appeared at the hearing today and the affidavit of Mr Neil John Laurie, the Clerk of the Parliament, filed on 16 February 2024.
  2. [5]
    The agreement does not provide that particular conditions need to be met before it may be terminated.
  3. [6]
    On 8 February 2024, the QPS notified the other parties to the agreement of its intention to terminate the agreement. Those parties are:
  • United Workers' Union, Industrial Union of Employees, Queensland (UWUQ);
  • Queensland Services, Industrial Union of Employees (QSU); and
  • Together Queensland, Industrial Union of Employees (TQ).
  1. [7]
    I am satisfied the QPS has provided the requisite notice of its intention to apply to terminate the agreement.
  2. [8]
    The UWUQ and TQ appeared today and consented to the present application.
  3. [9]
    No other person appeared or sought to make submissions. 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.
  4. [10]
    On 16 February 2024, the QPS made an application under s 189 of the IR Act to certify the Parliamentary Service Electorate Office Staff Certified Agreement 2023.[1]
  5. [11]
    The QPS and the UWUQ and TQ have agreed to the terms of the Parliamentary Service Electorate Office Staff Certified Agreement 2023 which will replace the agreement.[2]
  6. [12]
    Section 228(4) of the IR Act provides that termination takes effect when the Commission's approval takes effect.
  7. [13]
    I approve the termination of the Parliamentary Service Electorate Office Staff Certified Agreement 2020 with effect from today's date, being 1 March 2024.
  8. [14]
    I make the following order:

The Parliamentary Service Electorate Office Staff Certified Agreement 2020 is terminated.

Footnotes

[1] In the making of the Parliamentary Service Electorate Office Staff Certified Agreement 2023 [2024] QIRC 057

[2] The Commission was provided with material confirming the Queensland Services, Industrial Union of Employees no longer wished to be party to the Parliamentary Service Electorate Office Staff Certified Agreement 2023.

Close

Editorial Notes

  • Published Case Name:

    In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020

  • Shortened Case Name:

    In the termination of Parliamentary Service Electorate Office Staff Certified Agreement 2020

  • MNC:

    [2024] QIRC 56

  • Court:

    QIRC

  • Judge(s):

    Knight IC

  • Date:

    01 Mar 2024

Appeal Status

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

Cases Cited

Case NameFull CitationFrequency
In the making of the Parliamentary Service Electorate Office Staff Certified Agreement 2023 [2024] QIRC 57
1 citation
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Cite 1 - [2024] QIRC 57

Cases Citing

No judgments on Queensland Judgments cite this judgment.

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