In the termination of the Quilpie Shire Council Certified Agreements 2012 and 2012-2015

[2018] QIRC 59

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Quilpie Shire Council Certified Agreements 2012 and 2012-2015 [2018] QIRC 059

PARTIES:  
`

Quilpie Shire Council

and

The Australian Workers' Union of Employees, Queensland

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/48

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

11 May 2018

HEARING DATE: 

11 May 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.   The Quilpie Shire Council, Administration, Community Services, Environmental Services and Technical Stream, Certified Agreement 2012 is terminated.

2.   The Quilpie Shire Council Certified Agreement 2012-2015 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:

Ms N Sivakumar for The Australian Workers' Union of Employees, Queensland

Mr G Newman of the Local Government Association of Queensland Ltd, for the Quilpie Shire Council

Ms M Robertson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

1. The Quilpie Shire Council has applied to terminate the Quilpie Shire Council, Administration, Community Services, Environmental Services and Technical Stream, Certified Agreement 2012 and the Quilpie Shire Council Certified Agreement 2012-2015, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. Both certified agreements had a nominal expiry date of 11 November 2015.

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 Quilpe 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 Quilpie Shire Council, Administration, Community Services, Environmental Services and Technical Stream, Certified Agreement 2012 and the Quilpie Shire Council Certified Agreement 2012-2015,  is terminated as from 11 May 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 Quilpie Shire Council, Administration, Community Services, Environmental Services and Technical Stream, Certified Agreement 2012 is terminated.

2.The Quilpie Shire Council Certified Agreement 2012-2015 is terminated.