QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:		In the termination of the Redland City Council Employees' Certified Agreement 2013 [2019] QIRC 186
	
PARTIES:		Redland City Council

AND

The Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

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

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

The Australian Workers' Union of Employees, Queensland

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees
	
CASE NO:
	CB/2019/121	
PROCEEDING:
	Termination of an agreement
	
DELIVERED ON:
	6 December 2019	
HEARING DATE: 
	6 December 2019	
HEARD AT:
	Brisbane	
MEMBER:	Dwyer IC	
		
ORDER:
	1.	Redland City Council Employees' Certified Agreement 2013 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, s 228
	
APPEARANCES:	Mr S. Blaney and Mr T. Daley for the Redland City Council.

Reasons for Decision

[1]	On 18 November 2019, the Chief Executive Officer of the Redland City Council applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Redland City Council Employees' Certified Agreement 2013 ('the Agreement'). 

[2]	The Agreement has a nominal expiry date of 30 June 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 affidavit of Mr Andrew Chesterman filed 18 November 2019, I am satisfied that the Redland City 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 affidavit of Mr Andrew Chesterman of the Redland City Council dated 18 November 2019.

[7]	On 18 November 2019, the Chief Executive Officer of the Redland City Council made an application, pursuant to s 189 of the Act, to certify the Redland City Council Employees' Certified Agreement 2019.

[8]	The Redland City Council and the following employee organisations have agreed to the terms of the Redland City Council Employees' Certified Agreement 2019 which will replace the Agreement:

•	The Australian Workers' Union of Employees, Queensland  

•	Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

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

•	Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

•	Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

•	The Electrical Trades 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 Redland City Council Employees' Certified Agreement 2013 with effect from 6 December 2019.

[12]	I make the following order:

1.	The Redland City Council Employees' Certified Agreement 2013 is terminated.