In the termination of the Barcaldine Regional Council Certified Agreement 2022 [2025] QIRC 346 (10 December 2025)

Industrial Relations Act 2016, s 189 and s 228

Ms A. Bintley and Mr D. Bradford for the Barcaldine Regional Council.

Mr T. Stephens for The Australian Workers' Union of Employees, Queensland.

Ms E. Eaves for the Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland.

Mr J. Donaghy for the Queensland Services, Industrial Union of Employees.

• [1] On 12 November 2025, the Barcaldine Regional Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Barcaldine Regional Council Certified Agreement 2022 ('the certified agreement').

• [2] The certified agreement has a nominal expiry date of 31 August 2025.

• [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.

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

• the affidavit of Ms Kate Lombard, Senior HR Advisor 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 12 November 2025, the Applicant made an application, pursuant to s 189 of the Act, to certify the Barcaldine Regional Council Certified Agreement 2025-2028.

• [8] The Applicant and the following employee organisations have agreed to the terms of the Barcaldine Regional Council Certified Agreement 2025-2028 which will replace the certified agreement:

• The Australian Workers' Union of Employees, Queensland;

• Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland; and,

• Queensland Services, Industrial Union of Employees.

• 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 Barcaldine Regional Council Certified Agreement 2022 with effect from 10 December 2025.

The Barcaldine Regional Council Certified Agreement 2022 is terminated.