In the termination of the Western Downs Regional Council Nurses Certified Agreement 2011

[2021] QIRC 281

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Western Downs Regional Council Nurses Certified Agreement 2011 [2021] QIRC 281

PARTIES:

Western Downs Regional Council

and

Queensland Nurses and Midwives Union

CASE NO:

CB/2021/26

PROCEEDING:

Termination of an agreement

DELIVERED ON:

16 August 2021

HEARING DATE: 

16 August 2021

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

1.    The Western Downs Regional Council Nurses Certified Agreement 2011 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 E McGovern for the Western Downs Regional Council.

Ms C Trevascus for the Queensland Nurses and Midwives Union.

Reasons for Decision

1. The Western Downs Regional Council has applied to terminate the Western Downs Regional Nurses Certified Agreement 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act').

1. The certified agreement nominally expired on 12 February 2015 and the parties consent to its termination.

1. On the basis that the agreement does not include any provisions recording that any particularly conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Western Downs 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 agreement is not contrary to the public interest;[4] the Western Downs Regional Council Nurses Certified Agreement 2011 is terminated as from 16 August 2021.[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)

1. I make the following order:

   The Western Downs Regional Council Nurses Certified Agreement 2011 is terminated.