In the termination of the Bulloo Shire Council Certified Agreement, State No 7 2013

[2018] QIRC 64

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Bulloo Shire Council Certified Agreement, State No 7 2013 [2018] QIRC 064

PARTIES:  
`

Bulloo Shire Council

and

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

The Australian Workers' Union of Employees, Queensland

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

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2018/50

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

24 May 2018

HEARING DATE: 

24 May 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Bulloo Shire Council Certified Agreement, State No 7 2013 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:

Mr B Watson for The Australian Workers' Union of Employees, Queensland

Ms N Todd of Peak Services, for the Bulloo Shire Council

Reasons for Decision

1. The Bulloo Shire Council has applied to terminate the Bulloo Shire Council Certified Agreement, State No 7 2013, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 30 June 2015.

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 Bulloo 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 Bulloo Shire Council Certified Agreement, State No 7 2013,  is terminated as from 24 May 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 Bulloo Shire Council Certified Agreement, State No 7 2013 is terminated.