In the termination of the Lockyer Valley Regional Council Certified Agreement (Officers) 2012

[2018] QIRC 126

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Lockyer Valley Regional Council Certified Agreement (Officers) 2012 [2018] QIRC 126

PARTIES:  

Lockyer Valley Regional Council

and

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2018/134

PROCEEDING:

Termination of an agreement

DELIVERED ON:

27 September 2018

HEARING DATE: 

27 September 2018

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The Lockyer Valley Regional Council Certified Agreement (Officers) 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, s 228

APPEARANCES:

Ms A. Wu of Ashurst for the Lockyer Valley Regional Council

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

Reasons for Decision

1. The Lockyer Valley Regional Council has applied to terminate the Lockyer Valley Regional Council Certified Agreement (Officers) 2012, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 22 July 2015.

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 Lockyer Valley Regional Council have 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 Lockyer Valley Regional Council Certified Agreement (Officers) 2012 is terminated as and from 27 September 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 Lockyer Valley Regional Council Certified Agreement (Officers) 2012 is terminated.