In the termination of the Office of the Information Commissioner Certified Agreement 2015

[2019] QIRC 128

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Office of the Information Commissioner Certified Agreement 2015 [2019] QIRC 128

PARTIES:  

Office of the Information Commissioner

AND

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/68

PROCEEDING:

Termination of an agreement

DELIVERED ON:

5 September 2019

HEARING DATE: 

4 September 2019

MEMBER:

Industrial Commissioner Hartigan

HEARD AT:

Brisbane

ORDER:

1.      The Office of the Information Commissioner Certified Agreement 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 (Qld) s 228

APPEARANCES:

Ms C. Dowling for the Office of the Information Commissioner 

Mr D. Goldman for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. The Office of the Information Commissioner has applied to terminate the Office of the Information Commissioner Certified Agreement 2015, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement has a nominal expiry date of 31 October 2018.

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 Office of the Information Commissioner 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 agreement is not contrary to the public interest;[4] the Office of the Information Commissioner Certified Agreement 2015 is terminated as and from 4 September 2019.[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 Office of the Information Commissioner Certified Agreement 2015 is terminated.