In the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015

[2019] QIRC 92

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015 [2019] QIRC 092

PARTIES:  
`

State of Queensland (Department of Education)

and

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2019/37

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

11 June 2019  

HEARING DATE: 

11 June 2019  

HEARD AT:

Brisbane

MEMBER:

Vice President O'Connor

ORDER:

1.   The Department of Education and Training (Education) Cleaners' Certified Agreement 2015 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:

Ms M Creighton from the Department of Education

Mr D Peverill from United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

1. The Department of Education has applied to terminate the Department of Education and Training (Education) Cleaners' Certified Agreement 2015, it does so pursuant to s 228(1) of the Industrial Relations Act 2016. The certified agreement had a nominal expiry date of 31 August 2018.

2. The application for termination contains an affidavit of Marie Creighton sworn 17 May 2019. Ms Creighton deposes that the Department executed a Form 50 Notice of intention to terminate a certified agreement on 16 May 2019; that the notice had been given to all persons to whom the agreement applies by special broadcast email from the Director-General of the Department of Education on 22 March 2019; and, that the termination is not contrary to the public interest.

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 the Department 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 determination is not contrary to the public interest;[4] the Department of Education and Training (Education) Cleaners' Certified Agreement 2015,  is terminated as from 11 June 2019.[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 Department of Education and Training (Education) Cleaners' Certified Agreement 2015 is terminated.