In the termination of the Torres Shire Council Certified Agreement 2010

[2019] QIRC 130

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Torres Shire Council Certified Agreement 2010 [2019] QIRC 130

PARTIES:  

Torres Shire Council

AND

The Australian Workers Union of Employees, Queensland

AND

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2019/70

PROCEEDING:

Termination of an agreement

DELIVERED ON:

6 September 2019

HEARING DATE: 

6 September 2019

MEMBER:

Industrial Commissioner Hartigan

HEARD AT:

Brisbane

ORDER:

1.       The Torres Shire Council Certified Agreement 2010 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 N. Todd for the Torres Shire Council  

Mr A. Santelises for The Australian Workers Union of Employees, Queensland

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

Reasons for Decision

1. The Torres Shire Council has applied to terminate the Torres Shire Council Certified Agreement 2010, pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement has a nominal expiry date of 16 December 2013.

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 Torres Shire 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 Torres Shire Council Certified Agreement 2010 is terminated as and from 6 September 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).

3. I make the following order:

1.       The Torres Shire Council Certified Agreement 2010 is terminated.