In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012

[2018] QIRC 150

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012 [2018] QIRC 150

PARTIES:  

Balonne Shire Council

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/186

PROCEEDING:

Termination of a certified agreement after nominal expiry date

DELIVERED ON:

17 December 2018

HEARING DATE: 

17 December 2018

HEARD AT:

Brisbane

MEMBER:

Black IC

ORDER:

1. The Balonne Shire Council Certified Agreement (Officers) 2012 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Mr R Beer with Ms D Green for the Balonne Regional Council

Ms Michelle Robertson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Balonne Shire Council has applied to terminate the Balonne Shire Council Certified Agreement (Officers) 2012. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 28 June 2015 and the parties consent to its termination.

2. Having regard to the affidavit of Michelle Clark dated 7 December 2018; the exclusion from the agreement of any provisions recording that any particular conditions need to be met before it may be terminated; the Commission's satisfaction that the Council has given notice of its intention to apply to terminate the agreement; the agreement of the other party to the agreement to the termination of the agreement; and my view that the termination of the agreement is not contrary to the public interest; I have decided to terminate the Balonne Shire Council Certified Agreement (Officers) 2012 with effect from 17 December 2018.

3. I make the following order:

   1.The Balonne Shire Council Certified Agreement (Officers) 2012 is terminated.