QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:
	In the termination of the Tourism and Events Queensland Certified Agreement 2019 [2023] QIRC 253

PARTIES:	
	State of Queensland (Tourism and Events Queensland Employing Office) 

AND

Together Queensland, Industrial Union of Employees 
	
CASE NO:
	CB/2023/82 
	
PROCEEDING:
	Termination of an agreement 
	
DELIVERED ON:
	1 September 2023
	
HEARING DATE:
	1 September 2023
	
MEMBER:

HEARD AT:	Dwyer IC 

Brisbane

ORDER:
	The Tourism and Events Queensland Certified Agreement 2019 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 (Qld) s 228
	
APPEARANCES:	Dr. J Shingles and Ms. P Haripersad of Mapien and Ms. D Cuman of the State of Queensland (Tourism and Events Queensland Employing Office)    

Mr. D Goldman for Together Queensland, Industrial Union of Employees 
	
Reasons for Decision

[1]	On 10 August 2023, the State of Queensland (Tourism and Events Queensland Employing Office) (‘the Applicant’) applied to terminate the Tourism and Events Queensland Certified Agreement 2019 (‘the certified agreement’) pursuant to s 228(1) of the Industrial Relations Act 2016 (‘the Act’).

[2]	The certified agreement had a nominal expiry date of 31 August 2022. 

[3]	The application was filed in the Industrial Registry together with the affidavit of Ms Diana Cuman, People and Leadership Director of the Applicant, and a Form 50 – Notice of intention to terminate certified agreement or arbitration determination. 

[4]	After having regard to the material filed in support of the application, I am satisfied that: 

a.	the certified agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;

b.	the Applicant has given notice of its intention to apply to terminate the certified agreement;

c.	all parties to the certified agreement agree to it being terminated; and 

d.	the termination of the certified agreement is not contrary to the public interest. 

[5]	I have had regard also to an application made by the Applicant to certify the Tourism and Events Queensland Certified Agreement 2022.

[6]	Section 228(4) of the Act provides that termination takes effect when the Commission’s approval takes effect. I approve the termination of the certified agreement with effect from 1 September 2023. 

[7]	I make the following order: 

The Tourism and Events Queensland Certified Agreement 2019 is terminated.