[2025] QIRC 250
General information, not legal advice.
Queensland Industrial Relations Commission
2025-09-19
Original judgment source is linked above.
INDUSTRIAL LAW - QUEENSLAND - AGREEMENTS - application for termination of agreement after nominal expiry date - requirements for termination - agreement terminated
Industrial Relations Act 2016 (Qld), ss 189 and 228
A. Farmer for the Local Government Association of Queensland
B. McCreadie for The Australian Workers' Union of Employees, Queensland;
E. Eaves for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
J. Donaghy for the Queensland Services, Industrial Union of Employees
(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.
(a) the submissions made by the parties who appeared today; and
(b) the affidavit of Mr Darren Scott, Chief Executive Officer of the Applicant.
(a) The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees (APESMA);
(b) The Australian Workers' Union of Employees, Queensland;
(c) Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (AMEPKU);
(d) Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
(e) The Electrical Trades Union of Employees Queensland (ETU);
(f) Plumbers & Gasfitters Employees' Union Queensland, Union of Employees;
(g) Queensland Services, Industrial Union of Employees;
(h) Transport Workers' Union of Australia, Union of Employees (Queensland Branch); and
(i) Queensland Nurses and Midwives' Union of Employees (QNMU).
(a) all parties to the certified agreement agree to it being terminated; and
(b) the termination of the certified agreement is not contrary to the public interest.
The Logan City Council Certified Agreement 2022 is terminated.