In the termination of the Tourism and Events Queensland Certified Agreement 2016

[2020] QIRC 42

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Tourism and Events Queensland Certified Agreement 2016 [2020] QIRC 042

PARTIES:

State of Queensland (Tourism and Events Queensland Employing Office)

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2020/10

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

20 March 2020

HEARING DATE: 

20 March 2020

HEARD AT:

Brisbane

MEMBER:

POWER IC

ORDER:

1.     The Tourism and Events Queensland Certified Agreement 2016 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Mr B. Cooper of Mapien and Ms D. Cuman of Tourism and Events Queensland for the Applicant

Mr K. McKay of Together Queensland, Industrial Union of Employees for the Respondent

Reasons for Decision

1. State of Queensland (Tourism and Events Queensland Employing Office) has applied to terminate the Tourism and Events Queensland Certified Agreement 2016. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 31 August 2019 and the parties consent to its termination.

2. I have considered the affidavit of Ms. Diana Cuman, People and Leadership Director of tourism and Events Queensland, sworn 4 March 2020.

3. I am satisfied that:

   ·        the agreement does not provide any particular conditions that must be met before it may be terminated;[1]

   ·        the Commission is satisfied that State of Queensland (Tourism and Events Queensland Employing Office) has given notice of its intention to apply to terminate the agreement;[2]

   ·        the other parties to the agreement agree to its being terminated;[3] and

   ·        the termination of the agreement is not contrary to the public interest.[4]

   [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).

4. On that basis, I terminate the Tourism and Events Queensland Certified Agreement 2016 with effect from 12 March 2020.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       Tourism and Events Queensland Certified Agreement 2016 is terminated.