In the termination of the Goondiwindi Regional Council Certified Agreement Number 2 - Outdoor 2012

[2020] QIRC 4

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Goondiwindi Regional Council Certified Agreement Number 2 - Outdoor 2012 [2019] QIRC 004

PARTIES:      

Goondiwindi Regional Council

and

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

The Australian Workers' Union of Employees, Queensland

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2019/129

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 2 - Outdoor 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

Ms S Young for Australian Workers Union

Reasons for Decision

[1]        The Goondiwindi Regional Council has applied to terminate the Goondiwindi Regional Council Certified Agreement Number 2 - Outdoor 2012. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

[2]        The Agreement nominally expired on 23 August 2015 and the parties consent to its termination.

[3]        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; that the Commission is satisfied that the Goondiwindi Regional Council has given notice of its intention to apply to terminate the agreement; that the other parties to the agreement agree to it being terminated; and,  that the termination of the agreement is not contrary to the public interest; the Goondiwindi Regional Council Certified Agreement Number 2 - Outdoor 2012 is terminated as from 14 January 2020.

[4]        I make the following order: Goondiwindi Regional Council Certified Agreement Number 2 - Outdoor 2012 is terminated.