Carers of Aged and Disabled, Centacare, C.Q. - Certified Agreement [2009] QIRC 50 (2009) 191 QGIG 340

[Extract from Queensland Government Industrial Gazette, dated 24 July, 2009, Vol. 191, No. 11, pages 340-342] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 173 - terminating agreement after its nominal expiry date Centacare AND Carers of Aged and Disabled Employed by Centacare Within the Catholic Diocese of Rockhampton (CA/2009/58) CARERS OF AGED AND DISABLED, CENTACARE, C.Q. - CERTIFIED AGREEMENT COMMISSIONER FISHER 14 July 2009 Certified Agreement - Termination of certified agreement - After nominal expiry date - Parties bound - Process followed - Act provisions - Public interest - Termination of agreement approved. DECISION This is an application by Centacare for termination of CA484 of 1998 - Carers of Aged and Disabled, Centacare, C.Q. - Certified Agreement (the Agreement) pursuant to s. 173 of the Industrial Relations Act 1999 (the Act). The Agreement was certified by the Queensland Industrial Relations Commission on 4 November 1998 and was operative from 19 October 1998 for a period of three years. The matter was listed for hearing at 10.30 a.m. on 3 July 2009 and the Commission as constituted gave the following decision (as edited) from the Bench: "In view of the material that has been filed and the submissions of the parties this morning, the Commission agrees that it would be in the public interest to terminate CA484 of 1998 effective Monday 6 July 2009.". Details in relation to the application and the process followed by the Applicant together with reasons for the decision are outlined hereunder. Mr R. Sims, Corporate Service Manager, Centacare, Catholic Diocese of Rockhampton represented the Applicant and explained the process followed in advising employees bound by the Agreement. Although the nominal expiry of the date has passed the Agreement has continued to operate in four locations - Rockhampton, Blackwater, Mackay and Bundaberg. Mr Sims indicated the application to terminate the Agreement was made so that employees could move to the Queensland Community Services and Crisis Assistance Award - State (the Award). Employees employed under the Agreement were consulted about the proposed changes through a number of onsite information sessions which were attended by the majority of staff. They were given access to both the proposed new Award and the Agreement including a comparison of the clauses to enable employees to see the advantages and disadvantages of the proposal. Employees were then encouraged to participate in a secret ballot. Of the 59 votes collected 58 supported moving from the Agreement to the Award. The Commission was advised that were the Agreement to be terminated various allowances would continue to be applied administratively. These are the Meal Allowance for meals shared with clients; Mobile Phone Allowance and Administration Allowance. Ms Steen appeared as the representative of the Respondent and agreed with the submissions of the Applicant. Section 173 of the Act provides as follows: "(1) After a certified agreement's nominal expiry date, the following persons may apply to the commission to terminate a certified agreement - (a) the employer; . . . (2) If the agreement does not provide for the way it may be terminated after the agreement's nominal expiry date has passed, the person who intends to apply to terminate it must give all other persons bound by the agreement notice of the intention. (3) The Commission must approve the termination if and only if, satisfied - . . . (b) for an agreement that does not provide for the way it may be terminated - it is in the public interest to terminate the agreement. (4) The termination takes effect when the commission's approval takes effect.". -- 1 of 2 -- 2 As the Agreement does not provide particular termination conditions, the Commission must be satisfied it is in the public interest to terminate the Agreement in accordance with s. 173(3)(b). In addressing the public interest requirement Mr Sims stated that the public interest lies in terminating an agreement that is no longer relevant because the Award now provides more appropriate and relevant conditions for employees. For these reasons the Commission was satisfied that it is in the public interest to terminate an agreement that is no longer relevant or applicable, particularly as the Award provides more appropriate conditions for employees. Therefore, the Commission approved the termination of CA484 of 1998 - Carers of Aged and Disabled, Centacare, C.Q. - Certified Agreement effective 6 July 2009. Order accordingly. G.K. FISHER, Commissioner. Hearing Details: 2009 3 July Released: 14 July 2009 Appearances: Mr R. Sims on behalf of the Applicant. Ms H. Steen on behalf of the Respondent. Government Printer, Queensland The State of Queensland 2009 -- 2 of 2 --