In the termination of the Cook Shire Council -Certified Agreement 2012

[2019] QIRC 66

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Cook Shire Council -Certified Agreement 2012 [2019] QIRC 066

PARTIES:  

Cook Shire Council

v

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2019/20

PROCEEDING:

Termination of an agreement

DELIVERED ON:

7 May 2019

HEARING DATE: 

3 March 2019

MEMBER[S]:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.     The Cook Shire Council Certified Agreement 2012 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 S Woolf of LGAQ for the Applicant

Ms M Robertson for Queensland Services, Industrial Union of Employees

Ms S Young for Australian Workers' Union of Employees, Queensland (interested party)

Reasons for Decision

1. The Cook Shire Council has applied to terminate the Cook Shire Council Certified Agreement 2012. It does so pursuant to s 228(1) of the Industrial Relations Act2016.

1. The Agreement nominally expired on 20 April 2015 upon the certification of the proposed Cook Shire Council Indoor Certified Agreement 2018 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 Cook Shire 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 Cook Shire Council Certified Agreement 2012 is terminated as from 3 May 2019.

   [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).

1. I make the following order: The Cook Shire Council Certified Agreement 2012 is terminated.