In the termination of the Burke Shire Council - Certified Agreement 2012 - 2014

[2018] QIRC 11

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Burke Shire Council - Certified Agreement 2012 - 2014 [2018] QIRC 011

PARTIES:  

Burke Shire Council

and

Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees

and

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

and

Australian Workers' Union of Employees, Queensland

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2017/82

PROCEEDING:

Termination of a certified agreement after nominal expiry date

DELIVERED ON:

8 February 2018

HEARING DATE: 

30 January 2018

HEARD AT:

Brisbane

MEMBER:

Commissioner Black

ORDER:

1. The Burke Shire Council – Certified Agreement 2012 – 2014 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:

Ms N Todd for the Burke Shire Council

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

Reasons for Decision

1. The Burke Shire Council has applied to terminate the Burke Shire Council - Certified Agreement 2012 - 2014. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 9 April 2015 and the parties consent to its termination.

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; that the Commission is satisfied that the Council has given notice of its intention to apply to terminate the agreement; that the other parties to the agreement agree to it being terminated; and that the termination of the agreement is not contrary to the public interest; the Burke Shire Council - Certified Agreement 2012 - 2014 is terminated as from 30 January 2018.

3. I make the following order:

   1.The Burke Shire Council – Certified Agreement 2012 – 2014 is terminated.