In the termination of the Isaac Regional Council Certified Agreement 2012

[2017] QIRC 108

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Isaac Regional Council Certified Agreement 2012 [2017] QIRC 108

PARTIES:  

Isaac Regional Council ABN No. 39274142600

and

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

and

The Australian Workers' Union of Employees, Queensland

and

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

and

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

and

The Electrical Trades Union of Employees Queensland

and

Plumbers and Gasfitters Employees' Union Queensland, Union of Employees

and

Queensland Services, Industrial Union of Employees

and

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

CASE NO:

CB/2017/77

PROCEEDING:

Termination of a certified agreement after nominal expiry date

DELIVERED ON:

7 December 2017

HEARING DATE: 

6 December 2017

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

The Application to terminate the Isaac Regional Council Certified Agreement 2012 is granted

CATCHWORDS:

Industrial Law – Application for termination after nominal expiry date – Requirements for termination

CASES:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms N. Todd for Isaac Regional Council.

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

Decision

1. An Application to terminate the Isaac Regional Council Certified Agreement 2012 (the Agreement) has been made to the Commission by the Isaac Regional Council (the Council) pursuant to s 228(1) of the Industrial Relations Act 2016 (the Act).

2. The other parties to the Agreement, which nominally expired on 30 June 2014, consent to the Application for termination being granted.

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 terminate (see s 228(3) of the Act) and that the Commission is satisfied:

   · the Council has given notice of its intention to apply to terminate the Agreement in accordance with s 228(2); and

   · that the other parties to the Agreement agree to it being terminate (see s 228(3)(b)(i)); and

· that the termination of the Agreement is not contrary to the public interest (see s 228(3)(b)(ii),

the Isaac Regional Council Certified Agreement 2012 is terminated as from 6 December 2017, the date on which the Commission approved the Application to terminate the Agreement (see s 228(4)).

1. I decide accordingly.