In the termination of the Livingstone Shire Council Operational Certified Agreement 2021 [2026] QIRC 85 (25 March 2026)

Industrial Relations Act 2016, s 189 and s 228

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

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

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

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

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

(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 Alastair 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 Operational Certified Agreement 2021 with effect from 25 March 2026.

The Livingstone Shire Council Operational Certified Agreement 2021 is terminated.