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- Unreported Judgment
[2020] QIRC 157
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 [2020] QIRC 157 |
PARTIES: | State of Queensland (Department of Transport and Main Roads)(Applicant) v Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees(First Respondent) & Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland(Second Respondent) & The Australian Workers' Union of Employees, Queensland(Third Respondent) & The Electrical Trades Union of Employees Queensland(Fourth Respondent) & Transport Workers' Union of Australia, Union of Employees (Queensland Branch)(Fifth Respondent) & Together Queensland, Industrial Union of Employees(Sixth Respondent) |
CASE NO: | CB/2020/67 |
PROCEEDING: | Application for termination after expiry date |
DELIVERED ON: | 3 September 2020 |
MEMBER: | Knight IC |
HEARD AT: | On the papers |
ORDER: |
|
CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination of agreement after nominal expiry date – requirements for termination – agreement terminated. |
LEGISLATION: | Industrial Relations Act 2016 |
Reasons for Decision
- [1]On 27 August 2020, the State of Queensland (Department of Transport and Main Roads) ("the Applicant") applied, pursuant to s 228(1)(a) of the Industrial Relations Act 2016 ("the Act"), to terminate the Transport and Main Roads Operational Employees' Certified Agreement 2016 ("the certified agreement").
- [2]The certified agreement has a nominal expiry date of 31 August 2019.
- [3]I have considered the affidavit of Mr Neil Scales, Director-General, Department of Transport and Main Roads, affirmed on 26 August 2020.
- [4]Having regard to the material relied upon in support of the application, I have concluded that the certified agreement does not include any provisions recording that any particular conditions need to be met before it may be terminated.[1]
- [5]
- [6]Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.
- [7]I approve the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 with effect from 3 September 2020.
- [8]I make the following order:
- The Transport and Main Roads Operational Employees' Certified Agreement 2016 is terminated.