In the termination of the Stadiums Queensland Staff Certified Agreement 2016

[2020] QIRC 89

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Stadiums Queensland Staff Certified Agreement 2016 [2020] QIRC 089

PARTIES:
`

Stadiums Queensland

and

The Australian Workers' Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

Together Queensland, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2020/20

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

9 June 2020 (written reasons 16 June 2020)

HEARING DATE: 

9 June 2020  

HEARD AT:

Brisbane

MEMBER:

O'Connor VP

ORDER:

1. The Stadiums Queensland Staff 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 B Cooper of Mapien as agent for Stadiums Queensland

Mr M Thomas of Together Queensland, Industrial Union of Employees

Mr B Watson of The Australian Workers' Union of Employees, Queensland  

Ms K Flynn of The Electrical Trades Union of Employees Queensland  

Mr S Ong of United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

1. Stadiums Queensland has applied to terminate the Stadiums Queensland Staff Certified Agreement 2016, it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 31 July 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 Stadiums Queensland 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 Stadiums Queensland Staff Certified Agreement 2016 is terminated as from 9 June 2020.[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 Stadiums Queensland Staff Certified Agreement 2016 is terminated.