In the termination of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011
[2017] QIRC 45
•25 May 2017
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | In the termination of the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011 [2017] QIRC 045 |
PARTIES: | Director-General, Queensland Health and Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland and The Electrical Trades Union of Employees Queensland and Plumbers & Gasfitters Employees' Union Queensland, Union of Employees |
CASE NO: | CB/2017/9 |
PROCEEDING: | Termination of certified agreement after nominal expiry date |
DELIVERED ON: | 25 May 2017 |
HEARING DATE: | 19 May 2017 |
HEARD AT: | Brisbane |
MEMBER: | Deputy President Bloomfield |
ORDER: | The Application to terminate the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011 is granted. |
| CATCHWORDS: | Industrial Law – Application for termination after nominal expiry date – Requirements for termination. |
| CASES: | Industrial Relations Act 2016, s 228. |
| APPEARANCES: | Mr E. Lynch for the State of Queensland (Queensland Health). Ms S. Fogarty for the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees. |
Decision
An Application to terminate the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011 (the Agreement) has been made to the Commission by the Director-General, Queensland Health pursuant to
s 228(1)(a) of the Industrial Relations Act 2016 (the Act).
The other parties to the Agreement, which nominally expired on 31 August 2014, consent to the Application for termination being granted.
On the basis that the Agreement does not include provisions recording that any particular conditions need to be met before it may be terminated (see s 228(3)(a) of the Act) and that the Commission is satisfied:
·The Director-General has given notice of his intention to apply to terminate the Agreement in accordance with s 228(2); and
·that the other parties to the Agreement agree to it being terminated (see s 228(3)(b)(i)); and
·that the termination of the Agreement is not contrary to the public interest (see s 228(3)(b)(ii)),
the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011 is terminated as from 19 May 2017, the date on which the Commission approved the Application to terminate the Agreement (see s 228(4)).
I decide accordingly.
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