In the termination of the Logan City Council Certified Agreement 2012

[2019] QIRC 20

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Logan City Council Certified Agreement 2012 [2019] QIRC 020

PARTIES:

Logan City Council and

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

Queensland Services, Industrial Union of Employees

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

The Australian Workers' Union of Employees, Queensland

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

The Electrical Trades Union of Employees Queensland

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

United Voice, Industrial Union of Employees, Queensland

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

CASE NO:

CB/2018/192

PROCEEDING:

Termination of an agreement

DELIVERED ON:

18 January 2019

HEARING DATE:

18 January 2019

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The     Logan     City     Council           Certified Agreement 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:

Mr G. Watson for the Logan City Council

Mr J. Blundell-Thornton of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and for Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Ms C. Raftos of Queensland Services, Industrial Union of Employees

Mr J. Harding of The Australian Workers' Union of Employees, Queensland

Mr L. Norris of Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

Reasons for Decision

1. The Logan City Council has applied to terminate the Logan City Council Certified Agreement 2012 (CA/2012/30), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 31 December 2014.

1. 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 Logan City 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 Logan City Council Certified Agreement 2012 is terminated as and from 18 January 2019.5

1. I make the following order:

1.The Logan City Council Certified Agreement 2012 is terminated.

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).