In the termination of the Cook Shire Council Certified Agreement 2011

[2018] QIRC 145

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Cook Shire Council Certified Agreement 2011 [2018] QIRC 145

PARTIES:  

Cook Shire Council

and

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2018/174

PROCEEDING:

Termination of an agreement

DELIVERED ON:

4 December 2018

HEARING DATE: 

30 November 2018

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The Cook Shire 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, s 228

APPEARANCES:

Mr G. Newman of Peak Services for the Cook Shire Council

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

Reasons for Decision

1. The Cook Shire Council has applied to terminate the Cook Shire Council Certified Agreement 2011 (CA/2011/24), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 19 July 2014.

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 Cook Shire Council have 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 Cook Shire Council Certified Agreement 2011 is terminated as and from 30 November 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 Cook Shire Council Certified Agreement 2011 is terminated.