In the termination of the Department of Education and Training State School Teachers' Certified Agreement 2016

[2019] QIRC 178

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Department of Education and Training State School Teachers' Certified Agreement 2016 [2019] QIRC 178

PARTIES:  
`

State of Queensland (Department of Education)

and

Queensland Teachers Union of Employees

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/100

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

19 November 2019

HEARING DATE: 

19 November 2019

HEARD AT:

Brisbane

MEMBER:

O'Connor VP

ORDER:

1. The Department of Education and Training State School Teachers' Certified Agreement 2016 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:

Mrs E Breen for the Department of Education

Ms K Ruttiman for the Queensland Teachers Union of Employees

Mr K McKay for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. The State of Queensland (Department of Education) has applied to terminate the Department of Education and Training State School Teachers' Certified Agreement 2016 pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 30 June 2019.

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 the Department of Education 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 Department of Education and Training State School Teachers' Certified Agreement 2016 is terminated as from 19 November 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).

3. I make the following order:

1. The Department of Education and Training State School Teachers' Certified Agreement 2016 is terminated.