In the termination of the Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526

[2018] QIRC 75

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526 [2018] QIRC 075

PARTIES:  

Toowoomba Regional Council

and

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

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

CASE NO:

CB/2018/72

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

18 June 2018

HEARING DATE: 

18 June 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President Bloomfield

ORDER:

1.       The Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526 is terminated.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED AGREEMENT - where application for termination of agreement after nominal expiry date - where requirements for termination

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Ms S. Mitanis for the Toowoomba Regional Council.
Mr B Watson for The Australian Workers' Union of Employees, Queensland.

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

Reasons for Decision

1. The Toowoomba Regional Council has applied to terminate the Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 17 September 2015.

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 Toowoomba 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 determination is not contrary to the public interest;[4] the Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526, is terminated as from 18 June 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 Toowoomba Regional Council Number 2 Salaried Officers' Certified Agreement - CA/2012/526 is terminated.