In the termination of the South Bank Employing Office Employees' Certified Agreement 2016

[2019] QIRC 87

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the South Bank Employing Office Employees' Certified Agreement 2016 [2019] QIRC 087

PARTIES:  

 South Bank Employing Office

 and

United Voice, Industrial Union of Employees,  Queensland

Together Queensland Industrial Union of Employees

CASE NO:

CB/2019/42

PROCEEDING:

Termination of an agreement

DELIVERED ON:

10 June 2019

HEARING DATE: 

10 June 2019

MEMBER[S]:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.       The South Bank Employing Office Employees' 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 (Qld) s 228.

APPEARANCES:

Mr T Marsden for South Bank Employing Office

Mr D Peverill of United Voice, Industrial Union of Employees
Ms N Vigor of Together Queensland Industrial Union of Employees

Reasons for Decision

1. The South Bank Employing Office has applied to terminate the South Bank Employing Office Employees' Certified Agreement 2016. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 28 February 2019 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 South Bank Employing Office 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 South Bank Employing Office Employees' Certified Agreement 2016 is terminated as from 10 June 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)

1. I make the following order: The South Bank Employing Office Employees' Certified Agreement 2016 is terminated.