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In the termination of the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002

[2020] QIRC 91

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002 [2020] QIRC 091
PARTIES:	State of Queensland and Together Queensland, Industrial Union of Employees
CASE NO:	CB/2020/22
PROCEEDING:	Termination of determination after nominal expiry date
DELIVERED ON:	9 June 2020 (written reasons 16 June 2020)
HEARING DATE:	9 June 2020
HEARD AT:	Brisbane
MEMBER:	O'Connor VP
ORDER:	1. The *Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002* is terminated.
CATCHWORDS:	INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination of determination after nominal expiry date – Requirements for termination – determination terminated
LEGISLATION:	Industrial Relations Act 2016, s 228
APPEARANCES:	Ms L Gribbin for the State of Queensland Mr M Thomas of Together Queensland, Industrial Union of Employees

Reasons for Decision

[1]
The State of Queensland has applied to terminate the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002, it does so pursuant to s 228 of the Industrial Relations Act 2016.

[2]
The determination had a nominal expiry date of 01 January 2004.

[3]
The State Government Entities Certified Agreement 2019 is intended to replace the Queensland Office of Gaming and Regulation Casino-Based Inspectors Determination 2002.

[4]
Accompanying the application for termination is an affidavit of Paul Ryan (General Manager Compliance, Office of Liquor and Gaming Regulation) filed in the Industrial Registry on 8 June 2020, where he states the following:

During the consultation period between 10 March 2020 and 23 March 2020 for a replacement State Government Entities Certified 2019, employees covered by the current Determination were advised via posts on the www.forgov.qld.gov.au webpage including the notice of intention to terminate and through explanatory material (Exhibit A) that if the proposed replacement State Government Entities certified, was voted-in, an application would be made seeking approval to terminate the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002.

…

The employee ballot conducted by GoVote Pty Ltd, closed at 5pm Friday 3 April 2020 and returned a valid majority 'yes' vote 97% in support of the proposed replacement agreement, the State Government Entities Certified Agreement 2019, inclusive of termination provisions relating to the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002.

[5]
On the basis that the determination 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 has given notice of its intention to apply to terminate the determination;^[2] that the other parties to the determination agree to it being terminated;^[3] and, that the termination of the determination is not contrary to the public interest;^[4] the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002 is terminated as from 9 June 2020.^[5]

[6]
I make the following order:

1. The Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002 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 Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002
Shortened Case Name:
In the termination of the Queensland Office of Gaming Regulation Casino-Based Inspectors' Determination 2002
MNC:
[2020] QIRC 91
Court:
QIRC
Judge(s):
Member O'Connor VP
Date:
09 Jun 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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