In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014

[2018] QIRC 80

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014 [2018] QIRC 080

PARTIES:

Blackall-Tambo Regional Council

and

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

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees  

CASE NO:

CB/2018/60

PROCEEDING:

Termination of an agreement

DELIVERED ON:

28 June 2018

HEARING DATE: 

28 June 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination of agreement after nominal expiry date – Requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms N Todd, for the Blackall-Tambo Regional Council  

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

Reasons for Decision

1. The Blackall-Tambo Regional Council has applied to terminate the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The enterprise bargaining agreement had a nominal expiry date of 30 June 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 Blackall-Tambo Regional 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 agreement is not contrary to the public interest;[4] the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014 is terminated as from 28 June 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 Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2011-2014 is terminated.