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Queensland Judgments
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  • Unreported Judgment

Re Queensland Fire and Emergency Service Certified Agreement 2016

 

[2019] QIRC 167

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Queensland Fire and Emergency Service Certified Agreement 2016 [2019] QIRC 167

PARTIES:

State of Queensland (Queensland Fire and Emergency Services)

(Applicant)

v

United Firefighters' Union of Australia, Union of Employees, Queensland

(First Respondent)

&

Queensland Fire and Rescue – Senior Officers Union of Employees

(Second Respondent)

&

Together Queensland, Industrial Union of Employees

(Third Respondent)

CASE NO:

CB/2019/103

PROCEEDING:

Application for termination after expiry date

DELIVERED ON:

6 November 2019

HEARING DATE:

6 November 2019

MEMBER:

HEARD AT:

Hartigan IC

Brisbane

ORDER:

  1. The Queensland Fire and Emergency Service Certified Agreement 2016 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 F Bridges with the Public Safety Business Agency for the Queensland Fire and Emergency Services

Mr A Cooke for the United Firefighters' Union of Australia, Union of Employees, Queensland

Ms N Vigor for Together Queensland, Industrial Union of Employees 

Reasons for Decision

  1. [1]
    On 23 October 2019, Queensland Fire and Emergency Services applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Queensland Fire and Emergency Service Certified Agreement 2016 ('the certified agreement').
  2. [2]
    The certified agreement has a nominal expiry date of 30 June 2019.
  1. [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 State of Queensland (Queensland Fire and Emergency Services) 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 Queensland Fire and Emergency Service Certified Agreement 2016 is terminated as and from 6 November 2019.[5]
  1. [4]
    I make the following order:
  1. The Queensland Fire and Emergency Service Certified Agreement 2016 is terminated.

Footnotes

[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).

Close

Editorial Notes

  • Published Case Name:

    In the termination of the Queensland Fire and Emergency Service Certified Agreement 2016

  • Shortened Case Name:

    Re Queensland Fire and Emergency Service Certified Agreement 2016

  • MNC:

    [2019] QIRC 167

  • Court:

    QIRC

  • Judge(s):

    Hartigan IC

  • Date:

    06 Nov 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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