In the termination of the CITEC Certified Agreement 2015

[2017] QIRC 43

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the CITEC Certified Agreement 2015 [2017] QIRC 043

PARTIES:  

Director-General, Department of Science, Information Technology and Innovation

and

Together Queensland, Industrial Union of Employees

and

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

CASE NO:

CB/2017/11

PROCEEDING:

Termination of certified agreement after nominal expiry date

DELIVERED ON:

24 May 2017

HEARING DATE: 

19 May 2017

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

The Application to terminate the CITEC Certified Agreement 2015 is granted.  

CATCHWORDS:

Industrial Law – Application for termination after nominal expiry date – Requirements for termination.

CASES:

Industrial Relations Act 2016, s 228.

APPEARANCES:

Mr T. Brown for the State of Queensland (Department of Science, Information Technology and Innovation).

Mr D. Goldman for Together Queensland, Industrial Union of Employees.

Decision

1. An Application to terminate the CITEC Certified Agreement 2015 (the Agreement) has been made to the Commission by the Acting Director-General of the Department of Science, Information Technology and Innovation (DSITI) pursuant to s 228(1)(a) of the Industrial Relations Act 2016 (the Act). 

1. The other parties to the Agreement, which nominally expired on 31 October 2016, consent to the Application for termination being granted.

1. On the basis that the Agreement does not include provisions recording that any particular conditions need to be met before it may be terminated (see s 228(3)(a) of the Act) and that the Commission is satisfied:

·DSITI has given notice of its intention to apply to terminate the Agreement in accordance with s 228(2); and

·that the other parties to the Agreement agree to it being terminated (see s 228(3)(b)(i)); and

·that the termination of the Agreement is not contrary to the public interest (see s 228(3)(b)(ii)),

the CITEC Certified Agreement 2015 is terminated as from 19 May 2017, the date on which the Commission approved the Application to terminate the Agreement (see s 228(4)).

1. I decide accordingly.