In the termination of the Paroo Shire Council - Non-Operational Staff Certified Agreement 2018

[2022] QIRC 41

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Paroo Shire Council - Non-Operational Staff Certified Agreement 2018 [2022] QIRC 41

PARTIES:

Paroo Shire Council

v

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2022/1

PROCEEDING:

Termination of an agreement

DELIVERED ON:

17 February 2022

HEARING DATE: 

17 February 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Paroo Shire Council - Non-Operational Staff Certified Agreement 2018 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:

Mr S Phipps for the Council

Mr Maguire for the TSU

Reasons for Decision

1. The Paroo Shire Council has applied to terminate the Paroo Shire Council - Non-Operational Staff Certified Agreement 2018. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 19 November 2021 and the parties consent to its termination.

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 the Paroo Shire Council has given notice of its intention to apply to terminate the agreement;[2] that the other party 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 Paroo Shire Council - Non-Operational Staff Certified Agreement 2018 is terminated as from 17 February 2022.[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)

1. I make the following order: The Paroo Shire Council - Non-Operational Staff Certified Agreement 2018  is terminated.