In the termination of the Murweh Shire Council Certified Agreement 2011

[2018] QIRC 57

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Murweh Shire Council Certified Agreement 2011  [2018] QIRC 057

PARTIES:  
`

Murweh Shire Council

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/39

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

4 May 2018

HEARING DATE: 

4 May 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1. The Murweh Shire Council Certified Agreement 2011 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 N Todd of the Local Government Association of Queensland Ltd, for the Murweh Shire Council

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

Reasons for Decision

1. The Murweh Regional Council has applied to terminate the Murweh Shire Council Certified Agreement 2011, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 12 December 2014.

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 Murweh Shire 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 Murweh Shire Council Certified Agreement 2011 is terminated as from 4 May 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 Murweh Shire Council Certified Agreement 2011 is terminated.