In the termination of the Paroo Shire Council - Outside Staff Certified Agreement 2010 - CA/2010/16

[2018] QIRC 87

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Paroo Shire Council - Outside Staff Certified Agreement 2010 - CA/2010/16 [2018] QIRC 087

PARTIES:  
`

Paroo Shire Council

and

The Australian Workers' Union of Employees, Queensland

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

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

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

CASE NO:

CB/2018/80

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

5 July 2018

HEARING DATE: 

4 July 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

1.       The Paroo Shire Council - Outside Staff Certified Agreement 2010 - CA/2010/16 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED AGREEMENT - where application for termination of agreement after nominal expiry date - where requirements for termination

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms S. Mitanis for the Paroo Shire Council.

Ms K. Fiedler for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland.

Reasons for Decision

1. The Paroo Shire Council has applied to terminate the Paroo Shire Council - Outside Staff Certified Agreement 2010 - CA/2010/16, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 19 November 2013.

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 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 Paroo Shire Council - Outside Staff Certified Agreement 2010 - CA/2010/16, is terminated as from 4 July 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 - Outside Staff Certified Agreement 2010 - CA/2010/16 is terminated.