QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:
	In the termination of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 - 2021 [2021] QIRC 409

PARTIES:	
	Barcoo Shire Council

AND

Australian Workers' Union of Employees, Queensland

The Construction, Forestry, Maritime, Mining & Energy, Industrial Union of Employees, Queensland
	
CASE NO:
	CB/2021/53
	
PROCEEDING:
	Termination of an agreement
	
DELIVERED ON:
	1 December 2021
	
HEARING DATE: 	1 December 2021
	
MEMBER:
	Dwyer IC

HEARD AT:	Brisbane
	
ORDER:
	1.	The Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 - 2021 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 189, 228
	
APPEARANCES:	Mr K Hunt and Mr P Hockings for Barcoo Shire Council

Mr D Marr for Australian Workers' Union of Employees, Queensland
	
Reasons for Decision

[1]	On 21 October 2021, Barcoo Shire Council ('the Applicant') applied, pursuant to s 228(2) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 ('the certified agreement').

[2]	The certified agreement has a nominal expiry date of 30 June 2021.

[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]	I have had regard to:

•	The submissions made by the parties who appeared today; and

•	The Affidavit of Mr Paul Hockings, Chief Executive Officer of Barcoo Shire Council, filed on 1 July 2021.

[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 21 October 2021, the Applicant made an application, pursuant to s 189 of the Act, to certify the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2021 – 2024. 

[8]	The Applicant and the following employee organisations have agreed to the terms of the Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2021 – 2024 which will replace the certified agreement:

•	Australian Workers' Union of Employees, Queensland; and

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

[9]	I am satisfied that:

•	All parties to the certified agreement agree to it being terminated; and

•	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 Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 with effect from 1 December 2021.

[12]	I make the following order:

1.	The Barcoo Shire Council Local Government Operational Employees' Certified Agreement 2018 – 2021 is terminated.