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In the termination of the Cassowary Coast Regional Council Certified Agreement 2011

[2020] QIRC 13

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Cassowary Coast Regional Council Certified Agreement 2011 [2020] QIRC 013
PARTIES:	Cassowary Coast Regional Council v Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees Plumbers & Gasfitters Employees' Union Queensland, Union of Employees The Australian Workers' Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Queensland Services, Industrial Union of Employees
CASE NO:	CB/2020/4
PROCEEDING:	Termination of an agreement
DELIVERED ON:	29 January 2020
HEARING DATE:	29 January 2020
MEMBER:	Pidgeon IC
HEARD AT:	Brisbane
ORDER:	The Cassowary Coast Regional Council 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:	Mr V Pejovic of LGAQ for the Applicant Ms S Young of AWU and Mr S Boman of QSU for the Respondents

Reasons for Decision

[1]
The Cassowary Coast Regional Council has applied to terminate the Cassowary Coast Regional Council Certified Agreement 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

[2]
The Agreement nominally expired on 30 June 2014 and the parties consent to its termination.

[3]
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 Cassowary Coast 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 Cassowary Coast Regional Council Certified Agreement 2011 is terminated as from 29 January 2020.^[5]

[4]
I make the following order: The Cassowary Coast Regional Council Certified Agreement 2011 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)

Editorial Notes

Published Case Name:
In the termination of the Cassowary Coast Regional Council Certified Agreement 2011
Shortened Case Name:
In the termination of the Cassowary Coast Regional Council Certified Agreement 2011
MNC:
[2020] QIRC 13
Court:
QIRC
Judge(s):
Member Pidgeon IC
Date:
29 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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