In the termination of the Murweh Shire Council State Certified Agreement 2011

[2019] QIRC 8

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Murweh Shire Council State Certified Agreement 2011 [2019] QIRC 008

PARTIES:

Murweh Shire Council and

The Australian Workers' Union of Employees, Queensland

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

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

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

CASE NO:

CB/2018/181

PROCEEDING:

Termination of an agreement

DELIVERED ON:

17 January 2019

HEARING DATE:

17 January 2019

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1. The Murweh Shire Council State 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

2

APPEARANCES:

Ms N. Todd of Peak Services for the Murweh Shire Council

Ms S. Young of The Australian Workers' Union of Employees, Queensland

Mr J. Blundell-Thornton of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Reasons for Decision

1. The Murweh Shire Council has applied to terminate the Murweh Shire Council State Certified Agreement 2011 (CA/2012/10), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 16 June 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 Murweh Shire 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 Murweh Shire Council State Certified Agreement 2011 is terminated as and from 17 January 2019.5

1. I make the following order:

1.The Murweh Shire Council State Certified Agreement 2011 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).