In the termination of the Paroo Shire Council – Inside Staff Certified Agreement 2009

[2018] QIRC 137

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Paroo Shire Council – Inside Staff Certified Agreement 2009 [2018] QIRC 137

PARTIES:  
`

Paroo Shire Council

and

Queensland Services, Industrial Union of Employees

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

CASE NO:

CB/2018/162

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 Paroo Shire Council – Inside Staff Certified Agreement 2009 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 S Mitanis from the Local Government Association Queensland, for the Paroo Shire Council  

Reasons for Decision

1. The Paroo Shire Council has applied to terminate the Paroo Shire Council – Inside Staff Certified Agreement 2009, it does so pursuant to s 228(1) of the Industrial Relations Act 2016. The certified agreement had a nominal expiry date of 30 June 2012.

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 Paroo Shire Counil 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 Paroo Shire Council – Inside Staff Certified Agreement 2009,  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 Paroo Shire Council – Inside Staff Certified Agreement 2009 is terminated.