Loading...
Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016

 

[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:

  1. The Transport and Main Roads Operational Employees' Certified Agreement 2016 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

Reasons for Decision

  1. [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").
  1. [2]
    The certified agreement has a nominal expiry date of 31 August 2019.
  1. [3]
    I have considered the affidavit of Mr Neil Scales, Director-General, Department of Transport and Main Roads, affirmed on 26 August 2020.
  1. [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]
  2. [5]
    I am satisfied that the Applicant has given notice of its intention to apply to terminate the certified agreement;[2] that the other parties to the certified agreement agree to its being terminated;[3] and that the termination of the certified agreement is not contrary to the public interest.[4]
  1. [6]
    Section 228(4) of the Act provides that termination takes effect when the Commission's approval takes effect.
  1. [7]
    I approve the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 with effect from 3 September 2020.
  1. [8]
    I make the following order:
  1. The Transport and Main Roads Operational Employees' Certified Agreement 2016 is terminated.

Footnotes

[1] s 228(3) of the Act.

[2] Ibid s 228(2).

[3] Ibid ss 228(3)(b)(i) and 952ZB(2).

[4] Ibid s 228(3)(b)(ii). 

Close

Editorial Notes

  • Published Case Name:

    In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016

  • Shortened Case Name:

    In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016

  • MNC:

    [2020] QIRC 157

  • Court:

    QIRC

  • Judge(s):

    Member Knight IC

  • Date:

    03 Sep 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
Help

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.