In the termination of the QFleet Certified Agreement 2016

[2019] QIRC 106

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the QFleet Certified Agreement 2016 [2019] QIRC 106

PARTIES:

State of Queensland (Department of Housing and Public Works)

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/55

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

12 July 2019

HEARING DATE: 

12 July 2019

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

1.     The QFleet Certified Agreement 2016 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Ms T. Bullas of the Department of Housing and Public Works

Ms N. Vigor of Together Queensland, Industrial Union of Employees

Reasons for Decision

1. The State of Queensland (Department of Housing and Public Works) has applied to terminate the QFleet Certified Agreement 2016. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 31 August 2018 and the parties consent to its termination.

2. I have considered the affidavit of Ms. Elizabeth Therese Carroll, Director-General of the Department of Housing and Public Works, sworn 25 June 2019.

3. I am satisfied that:

   ·        the agreement does not provide any particular conditions that must be met before it may be terminated;[1]

   ·        the Commission is satisfied that State of Queensland (Department of Housing and Public Works) has given notice of its intention to apply to terminate the agreement;[2]

   ·        the other parties to the agreement agree to its being terminated;[3] and

   ·        the termination of the agreement is not contrary to the public interest.[4]

   [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).

4. On that basis, I terminate the QFleet Certified Agreement 2016 with effect from 12 July 2019.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The QFleet Certified Agreement 2016 is terminated.