QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:		In the termination of the Cook Shire Council - Indoor Certified Agreement 2018 [2022] QIRC 216
	
PARTIES:	Cook Shire Council

AND

Queensland Services, Industrial Union of Employees

The Australian Workers’ Union of Employees, Queensland

Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
	
CASE NO.:
	CB/2022/50	
PROCEEDING:
	Application for termination of an agreement
	
DELIVERED ON:
	15 June 2022	
HEARING DATE: 
	15 June 2022	
MEMBER:
	Merrell DP	
HEARD AT:
	Brisbane
	
ORDER:
	The Cook Shire Council - Indoor Certified Agreement 2018 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, s 189 and s 228
	
APPEARANCES:	Ms N. Hope of the Local Government Association of Queensland for the Cook Shire Council.

Mr D. Marr for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

[1]	On 26 May 2022, the Cook Shire Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Cook Shire Council - Indoor Certified Agreement 2018 ('the certified agreement'). 

[2]	The certified agreement had 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 Ms Linda Cardew, 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 26 May 2022, the Applicant made an application, pursuant to s 189 of the Act, to certify the Cook Shire Council - Indoor Certified Agreement 2021.

[8]	The Applicant and the following employee organisations have agreed to the terms of the Cook Shire Council - Indoor Certified Agreement 2021 which will replace the certified agreement:

•	Queensland Services, Industrial Union of Employees;

•	The Australian Workers’ Union of Employees, Queensland;

•	Plumbers & Gasfitters Employees’ Union Queensland, Union of Employees; and

•	The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

[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 Cook Shire Council - Indoor Certified Agreement 2018 with effect from 15 June 2022.

[12]	I make the following order:

The Cook Shire Council - Indoor Certified Agreement 2018 is terminated.