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  5. In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 - [2020] QIRC 157
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  5. In the termination of the Transport and Main Roads Operational Employees' Certified Agreement 2016 - [2020] QIRC 157
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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.
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