In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2)

[2018] QIRC 23

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2) [2018] QIRC 023

PARTIES:  

Sunshine Coast Council

and

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/7

PROCEEDING:

Termination of an agreement

DELIVERED ON:

07 March 2018

HEARING DATE: 

06 March 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.    The Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2) 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 P. Mulready for the Sunshine Coast Council

Ms K. J. Johnston for the Queensland Services, Industrial Union of employees

Reasons for Decision

1. The Sunshine Coast Council has applied to terminate the Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 30 June 2014.

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 Sunshine Coast 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 Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2) is terminated as from 6 March 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 Sunshine Coast Council Salaried Officers Certified Agreement 2011 (No.2) is terminated.