In the termination of the WorkCover Employing Office – Certified Agreement 2016

[2019] QIRC 73

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the WorkCover Employing Office – Certified Agreement 2016 [2019] QIRC 073

PARTIES:  

WorkCover Employing Office

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2019/30

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

27 May 2019

HEARING DATE: 

27 May 2019

HEARD AT:

Brisbane

MEMBER:

Knight IC

ORDER:

1.     The WorkCover Employing Office – Certified Agreement 2016 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld)

APPEARANCES:

Ms. E. Wright, for the WorkCover Employing Office

Mr. D. Goldman, for Together Queensland,  
Industrial Union of Employees

Decision

1. The WorkCover Employing Office has applied to terminate the WorkCover Employing Office – Certified Agreement 2016. It does so pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld).

1. The Agreement nominally expired on 30 September 2018 and the parties consent to its termination.

2. 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 Redland City Council have 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 (Qld) s 228(3).

   [2] Ibid s 228(2).

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

3. On that basis, I terminate the WorkCover Employing Office – Certified Agreement 2016 with effect from 27 May 2019.[5]

   [5] Ibid s 228(4).

4. I make the following order:

   1.       The WorkCover Employing Office – Certified Agreement 2016 is terminated.