In the termination of the Redland City Council Officers' Certified Agreement 2013

[2019] QIRC 61

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Redland City Council Officers' Certified Agreement 2013 [2019] QIRC 061

PARTIES:  

Redland City Council

and

Queensland Services, Industrial Union of Employees

and

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

CASE NO:

CB/2019/22

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

3 May 2019

HEARING DATE: 

3 May 2019

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

1.     The Redland City Council Officers' Certified Agreement 2013 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:

Mr. S Blaney, for the Redland City Council

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

Reasons for Decision

1. The Redland City Council has applied to terminate the Redland City Council Officers' Certified Agreement 2013. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 30 June 2016 and the parties consent to its termination.

2. I have considered the affidavit of Mr. Andrew Chesterman, Chief Executive Officer, Redland City Council, dated 15 April 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 Redland City Council have 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 Redland City Council Officers' Certified Agreement 2013 with effect from 3 May 2019.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The Redland City Council Officers' Certified Agreement 2013 is terminated.