In the termination of the Winton Shire Council Enterprise Bargaining Agreement 2012 - CA/2012/545

[2020] QIRC 11

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Winton Shire Council Enterprise Bargaining Agreement 2012 - CA/2012/545 [2020] QIRC 011

PARTIES:

Winton Shire Council

and

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

CASE NO:

CB/2019/133

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

28 January 2020

HEARING DATE: 

28 January 2020

HEARD AT:

Brisbane

MEMBER:

Industrial Commissioner Thompson

ORDER:

1.       The Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545 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. Wishart, Murdoch Lawyers for the Winton Shire Council.
Mr S. Boman for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

1. The Winton Shire Council has applied to terminate the Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545, pursuant to s 228(1) of the Industrial Relations Act 2016.

2. The certified agreement had a nominal expiry date of 9 November 2015.

3. 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 Winton 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 determination is not contrary to the public interest;[4]  the Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545, is terminated as from 28 January 2020.[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).

4. I make the following order:

1.       The Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545 is terminated.