In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021

Case

[2022] QIRC 47

22 February 2022


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021 [2022] QIRC 47

PARTIES:

Blackall-Tambo Regional Council

v

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/10

PROCEEDING:

Termination of an agreement

DELIVERED ON:

22 February 2022

HEARING DATE: 

22 February 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021 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 M Martin for the Council

Mr J Maguire for TSU
Mr P Dunbar for CFMEU
Mr D Marr for AWU

Reasons for Decision

  1. The Blackall-Tambo Regional Council has applied to terminate the Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

  1. The Agreement nominally expired on 30 June 2021 and the parties consent to its termination.

  1. 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 party 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 2018-2021 is terminated as from 22 February 2022.[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)

  1. I make the following order: The Blackall-Tambo Regional Council Enterprise Bargaining Agreement 2018-2021 is terminated.


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