In the termination of the City Parklands Certified Agreement 2017

[2020] QIRC 52

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the City Parklands Certified Agreement 2017 [2020] QIRC 052

PARTIES:

City Parklands Services Pty Ltd (ABN: 72 068 043 318)
(Applicant)

v

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland 
(First Respondent)

and

The Electrical Trades Union of Employees Queensland
(Second Respondent)

and

Queensland Services, Industrial Union of Employees
(Third Respondent)

and

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees
(Fourth Respondent)

and

United Voice, Industrial Union of Employees, Queensland
(Fifth Respondent)

and

The Australian Workers' Union of Employees, Queensland
(Sixth Respondent)

CASE NO:

CB/2020/14

PROCEEDING:

Application for termination after expiry date

DELIVERED ON:

6 April 2020

HEARING DATE: 

6 April 2020

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

1.     The City Parklands Certified Agreement 2017 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:

Ms C. Mason for City Parklands Services Pty Ltd 

Ms M. Robertson for Queensland Services, Industrial Union of Employees

Mr D. Peverill for United Voice, Industrial Union of Employees, Queensland

Ms S. Schinnerl for The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. On 23 March 2020, City Parklands Services Pty Ltd (ABN: 72 068 043 318) ("City Parklands") applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ("the Act"), to terminate the City Parklands Certified Agreement 2017 ("the certified agreement").
   
   

2. The certified agreement has a nominal expiry date of 31 December 2019.

3. 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 City Parklands 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 City Parklands Certified Agreement 2017 is terminated as and from 6 April 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).

4. I make the following order:

   1.       The City Parklands Certified Agreement 2017 is terminated.