In the termination of the Maranoa Regional Council Officers Certified Agreement 2013

[2020] QIRC 18

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Maranoa Regional Council Officers Certified Agreement 2013 [2020] QIRC 018

PARTIES:  

Maranoa Regional Council

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/1

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

4 February 2020

HEARING DATE: 

4 February 2020

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

1.     The Maranoa Regional Council Officers Certified Agreement 2013 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Ms S. Wishart of Murdoch Lawyers, and Ms N. Ward, for the Maranoa Regional Council

Mr S. Boman of Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Maranoa Regional Council has applied to terminate the Maranoa Regional Council Officers Certified Agreement 2013. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.  

1. The Agreement nominally expired on 31 October 2015 and the parties consent to its termination.

2. I have considered the affidavit of Ms Noela Ward, Manager – Organisational Development and Human Resources for Maranoa Regional Council, sworn 13 December 2019.

3. I am satisfied that:

   ·        the agreement does not provide any particular conditions that must be met before it may be terminated;[1]

   ·        the Commission is satisfied that the Maranoa Regional Council has given notice of its intention to apply to terminate the agreement;[2]

   ·        the other parties to the agreement agree to its being terminated;[3] and

   ·        the termination of the agreement is not contrary to the public interest.[4]

   [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).

4. On that basis, I terminate the Maranoa Regional Council Officers Certified Agreement 2013 with effect from 4 February 2020.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The Maranoa Regional Council Officers Certified Agreement 2013 is terminated.