In the termination of the Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 2012

[2020] QIRC 6

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 2012 [2020] QIRC 006

PARTIES:  

 Goondiwindi Regional Council

 and

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2019/131

PROCEEDING:

Termination of an agreement

DELIVERED ON:

14 January 2020

HEARING DATE: 

14 January 2020

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.       The Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 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 K Roberts for Goondiwindi Regional Council
Mr D Cutler for the Queensland Services Union

Reasons for Decision

1. The Goondiwindi Regional Council has applied to terminate the Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 2012. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 23 August 2015 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 Goondiwindi Regional 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 Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 2012 is terminated as from 14 January 2020.[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)

1. I make the following order: Goondiwindi Regional Council Certified Agreement Number 1 - Indoor 2012 is terminated.