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Queensland Judgments
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  • Unreported Judgment

In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011

 

[2020] QIRC 99

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011 [2020] QIRC 099

PARTIES:

South Burnett Regional Council

v

Queensland Services Industrial Union of Employees

The Association of Professional Engineers, Scientists and Managers Australia

CASE NO:

CB/2020/25

PROCEEDING:

Termination of an agreement

DELIVERED ON:

6 July 2020

HEARING DATE:

6 July 2020

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

  1. The South Burnett Regional Council Certified Agreement - Officers 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:

Ms S Mitanis of LGAQ for the Applicant

Ms M Robertson of QSU for the Respondent.

Reasons for Decision

  1. [1]
    The South Burnett Regional Council has applied to terminate the South Burnett Regional Council Certified Agreement - Officers 2011.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 15 March 2014 and the parties consent to its termination.
  1. [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 South Burnett 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 South Burnett Regional Council Certified Agreement - Officers 2011 is terminated as from 6 July 2020.[5]
  1. [4]
    I make the following order: The South Burnett Regional Council Certified Agreement - Officers 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)

Close

Editorial Notes

  • Published Case Name:

    In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011

  • Shortened Case Name:

    In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011

  • MNC:

    [2020] QIRC 99

  • Court:

    QIRC

  • Judge(s):

    Pidgeon IC

  • Date:

    06 Jul 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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