In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017

[2021] QIRC 431

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017 [2021] QIRC 431

PARTIES:

Somerset Regional Council

v

The Australian Workers' Union of Employees, Queensland

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

Automotive, Metals, Engineering, Printing and Kindred Industrial Union of Employees

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2021/62

PROCEEDING:

Termination of an agreement

DELIVERED ON:

21 December 2021

HEARING DATE: 

21 December 2021

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.     The Somerset Regional Council - Field Staff Certified Agreement 2017 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 (Qld) s 228

APPEARANCES:

Ms Todd of LGAQ

Mr McQuillan of the AWU

Reasons for Decision

1. The Somerset Regional Council has applied to terminate the Somerset Regional Council - Field Staff Certified Agreement 2017. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 30 June 2020 and the parties consent to its termination.

1. On the basis that the agreement does not include any provisions recording that any particularly conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Somerset Regional 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 agreement is not contrary to the public interest;[4] the Somerset Regional Council - Field Staff Certified Agreement 2017 is terminated as from 21 December 2021.[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)

1. I make the following order: The Somerset Regional Council - Field Staff Certified Agreement 2017 is terminated.