In the termination of the Livingstone Shire Council Officers Certified Agreement 2021 [2026] QIRC 86 (25 March 2026)

Industrial Relations Act 2016 (Qld), ss 189 and 228

Ms A. Farmer of the Local Government Association of Queensland for the Livingstone Shire Council.

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

[1] On 12 March 2026, the Livingstone Shire Council ('the Applicant') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) ('the Act'), to terminate the Livingstone Shire Council Officers Certified Agreement 2021 ('the certified agreement').

[2] The certified agreement has a nominal expiry date of 30 September 2025.

[3] Section 228 of the Act provides:

(1) After the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination -

(a) the employer;

(b) a valid majority of the relevant employees;

(c) an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.

(2) The person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.

(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 termination takes effect when the commission's approval takes effect.

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

• the affidavit of Mr Alistar Dawson, Interim 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 12 March 2026, the Applicant made an application, pursuant to s 189 of the Act, to certify the Livingstone Shire Council Certified Agreement 2025.

[8] The Applicant and the following employee organisations have agreed to the terms of the Livingstone Shire Council Certified Agreement 2025 which will replace the certified agreement:

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

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

• The Australian Workers' Union of Employees, Queensland;

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

• The Electrical Trades Union of Employees Queensland;

• Plumbers and Gasfitters Employees' Union of Queensland, Union of Employees;

• Queensland Services, Industrial Union of Employees; and

• Transport Workers' Union of Australia, 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 Livingstone Shire Council Officers Certified Agreement 2021 with effect from 25 March 2026.

The Livingstone Shire Council Officers Certified Agreement 2021 is terminated.