In the termination of the Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6

[2018] QIRC 92

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6 [2018] QIRC 092

PARTIES:

Fraser Coast Regional Council

and

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

CASE NO:

CB/2018/77

PROCEEDING:

Termination of agreements after nominal expiry date

DELIVERED ON:

12 July 2018

HEARING DATE: 

4 July 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

1.       The Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6 are terminated.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED AGREEMENTS - where application for termination of agreement after nominal expiry date - where requirements for termination

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms S. Mitanis for the Fraser Coast Regional Council.

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

Ms K. Fiedler, Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees.

Reasons for Decision

1. The Fraser Coast Regional Council has applied to terminate the Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreements had a nominal expiry date of 15 March 2018.

2. On the basis that the agreements do not include any provisions recording that any particular conditions need to be met before they may be terminated;[1] that the Commission is satisfied that the Fraser Coast Regional Council has given notice of its intention to apply to terminate the agreements;[2] that the other parties to the agreements agree to them being terminated;[3] and, that the termination of the determination is not contrary to the public interest;[4] the Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6, are terminated as from 4 July 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 Fraser Coast Regional Council Certified Agreement 2015 - C/2015/5 and Wide Bay Water Corporation Certified Agreement 2015 - CA/2015/6 are terminated.