In the termination of the Cook Shire Council - Outdoor Certified Agreement 2021 [2026] QIRC 14 (23 January 2026)

Industrial Relations Act 2016 (Qld) s 228

C. Lowe, Local Government Association of Queensland, on behalf of Cook Shire Council

T. Stephens and M. Wetton for The Australian Workers' Union of Employees, Queensland

E. Dalgleish for Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

R. Whitehurst and H. Pope for Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

[1] On 4 December 2025, Cook Shire Council ('the Applicant') applied, pursuant to s 228 of the Industrial Relations Act 2016 (Qld) ('IR Act'), to terminate the Cook Shire Council - Outdoor Certified Agreement 2021 ('the certified agreement').

[2] The certified agreement has a nominal expiry date of 16 June 2025.

[3] Section 228(3) of the IR 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 Mr Brian Joiner filed on 4 December 2025.

[5] I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

[6] On 4 December 2025, the Applicant made an application, pursuant to s 189 of the Act, to certify the Cook Shire Council - Outdoor Certified Agreement 2025.

[7] The following employee organisations have agreed to the terms of the Cook Shire Council - Outdoor Certified Agreement 2025 which will replace the certified agreement:

• The Australian Workers' Union of Employees, Queensland

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

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

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

• The Electrical Trades Union of Employees Queensland

• 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.

[9] Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.

[10] I approve the termination of the Cook Shire Council - Outdoor Certified Agreement 2021 from 23 January 2026.

The Cook Shire Council - Outdoor Certified Agreement 2021 is terminated.