In the termination of the Cassowary Coast Regional Council Certified Agreement 2011

[2020] QIRC 13

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Cassowary Coast Regional Council Certified Agreement 2011 [2020] QIRC 013

PARTIES:  

Cassowary Coast Regional Council

v

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

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

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

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/4

PROCEEDING:

Termination of an agreement

DELIVERED ON:

29 January 2020

HEARING DATE: 

29 January 2020

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.     The Cassowary Coast Regional Council Certified Agreement 2011 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 (Qld) s 228

APPEARANCES:

Mr V Pejovic of LGAQ for the Applicant

Ms S Young of AWU and Mr S Boman of QSU for the Respondents

Reasons for Decision

1. The Cassowary Coast Regional Council has applied to terminate the Cassowary Coast Regional Council Certified Agreement 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 30 June 2014 and the parties consent to its termination.

1. On the basis that the agreement does not include any provisions recording that any particularly conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Cassowary Coast 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 Cassowary Coast Regional Council Certified Agreement 2011 is terminated as from 29 January 2020.[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 Cassowary Coast Regional Council Certified Agreement 2011 is terminated.