In the termination of the Longreach Regional Council Certified Agreement 2012-2015

[2018] QIRC 139

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Longreach Regional Council Certified Agreement 2012-2015 [2018] QIRC 139

PARTIES:  
`

Longreach Regional Council

and

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

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2018/164

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

20 November 2018

HEARING DATE: 

19 November 2018  

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Longreach Regional Council Certified Agreement 2012-2015 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 K J M Hunt of Hunt HR Australia, for the Longreach Regional Council

Ms S Young and Mr A Santelises of The Australian Workers' Union of Employees, Queensland

Reasons for Decision

1. The Longreach Regional Council has applied to terminate the Longreach Regional Council Certified Agreement 2012-2015, it does so pursuant to s 228(1) of the Industrial Relations Act 2016. The certified agreement had a nominal expiry date of 1 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 the Longreach 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 determination is not contrary to the public interest;[4] the Longreach Regional Council Certified Agreement 2012-2015,  is terminated as from 19 November 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 Longreach Regional Council Certified Agreement 2012-2015 is terminated.