In the termination of the Queensland Police Service Certified Agreement 2016

[2019] QIRC 173

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Queensland Police Service Certified Agreement 2016 [2019] QIRC 173

PARTIES:  
`

State of Queensland (Queensland Police Service)

and

Queensland Police Union of Employees

and

The Queensland Police Commissioned Officers' Union of Employees

CASE NO:

CB/2019/107

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

15 November 2019

HEARING DATE: 

15 November 2019

HEARD AT:

Brisbane

MEMBER:

O'Connor VP

ORDER:

1. The Queensland Police Service Certified Agreement 2016 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 R Gillespie of the Public Safety Business Agency for the Queensland Police Service

Mr N Cooke of Counsel instructed by Hall Payne Lawyers for the Queensland Police Union of Employees

Superintendent D Frieberg for The Queensland Police Commissioned Officers' Union of Employees

Reasons for Decision

1. The State of Queensland (Queensland Police Service) has applied to terminate the Queensland Police Service Certified Agreement 2016 pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 30 June 2019.

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 Queensland Police Service 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 Queensland Police Service Certified Agreement 2016 is terminated as from 15 November 2019.[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 Queensland Police Service Certified Agreement 2016 is terminated.