In the termination of the Barcoo Shire Local Government Employees' Certified Agreement 2012-2014 - CA/2013/4

[2018] QIRC 89

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Barcoo Shire Local Government Employees' Certified Agreement 2012-2014 - CA/2013/4 [2018] QIRC 089

PARTIES:  
`

Barcoo Shire Council

and

The Australian Workers' Union of Employees, Queensland

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

CASE NO:

CB/2018/86

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

5 July 2018

HEARING DATE: 

4 July 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

1.       The Barcoo Shire Local Government Employees' Certified Agreement 2012‑2014 - CA/2013/4 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED AGREEMENT - where application for termination of agreement after nominal expiry date - where requirements for termination

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms S. Mitanis for the Barcoo Shire Council.

Reasons for Decision

1. The Barcoo Shire Council has applied to terminate the Barcoo Shire Local Government Employees' Certified Agreement 2012-2014 - CA/2013/4, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 31 December 2014.

2. On the basis that the agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Barcoo Shire Council has given notice of its intention to apply to terminate the agreement;[2] that the other parties to the agreement agree to it being terminated;[3] and, that the termination of the determination is not contrary to the public interest;[4] the Barcoo Shire Local Government Employees' Certified Agreement 2012‑2014 - CA/2013/4, is terminated as from 4 July 2018.[5]

   [1] Industrial Relations Act 2016 s 228(3).

   [2] Ibid s 228(2).

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

   [5] Ibid s 228(4).

3. I make the following order:

1.       The Barcoo Shire Local Government Employees' Certified Agreement 2012-2014 - CA/2013/4 is terminated.