In the termination of the QBuild Field Staff Certified Agreement 8 (2011)

[2019] QIRC 63

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the QBuild Field Staff Certified Agreement 8 (2011) [2019] QIRC 063

PARTIES:  

State of Queensland (Department of Housing and Public Works)

AND

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

Plumbers and Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

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

The Electrical Trades Union of Employees, Queensland

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/18

PROCEEDING:

Termination of an agreement

DELIVERED ON:

2 May 2019

HEARING DATE: 

2 May 2019

MEMBER:

Merrell DP

HEARD AT:

Brisbane

ORDER:

1.      The QBuild Field Staff Certified Agreement 8 (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

APPEARANCES:

Mr G. Wallace and Ms T. Bullas of the Department of Housing and Public Works.

Reasons for Decision

1. The State of Queensland (Department of Housing and Public Works) has applied to terminate the QBuild Field Staff Certified Agreement 8 (2011), pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 31 August 2014.

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 State of Queensland (Department of Housing and Public Works) 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 QBuild Field Staff Certified Agreement 8 (2011) is terminated as and from 2 May 2019.[5]

   [1] Industrial Relations Act 2016 s 228(3)(a).

   [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 QBuild Field Staff Certified Agreement 8 (2011) is terminated.