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Queensland Judgments
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  • Unreported Judgment

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. [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.
  1. [2]
    The certified agreement had a nominal expiry date of 9 November 2015.
  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 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. [4]
    I make the following order:
  1. The Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545 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 Winton Shire Council Enterprise Bargaining Agreement 2012 - CA/2012/545

  • Shortened Case Name:

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

  • MNC:

    [2020] QIRC 11

  • Court:

    QIRC

  • Judge(s):

    Member Thompson IC

  • Date:

    28 Jan 2020

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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