Queensland Judgments
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In the termination of the Cook Shire Council Certified Agreement 2011[2018] QIRC 145

In the termination of the Cook Shire Council Certified Agreement 2011[2018] QIRC 145

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Cook Shire Council Certified Agreement 2011 [2018] QIRC 145

PARTIES:

Cook Shire Council

and

The Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2018/174

PROCEEDING:

Termination of an agreement

DELIVERED ON:

4 December 2018

HEARING DATE:

30 November 2018

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

  1. The Cook Shire Council Certified Agreement 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, s 228

APPEARANCES:

Mr G. Newman of Peak Services for the Cook Shire Council

Ms S. Young of The Australian Workers' Union of Employees, Queensland

Reasons for Decision

  1. [1]
    The Cook Shire Council has applied to terminate the Cook Shire Council Certified Agreement 2011 (CA/2011/24), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The certified agreement had a nominal expiry date of 19 July 2014.
  1. [3]
    On the basis that the agreement 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 Cook Shire Council have 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 Cook Shire Council Certified Agreement 2011 is terminated as and from 30 November 2018.[5]
  1. [4]
    I make the following order:

1.  The Cook Shire Council Certified Agreement 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).

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Editorial Notes

  • Published Case Name:

    In the termination of the Cook Shire Council Certified Agreement 2011

  • Shortened Case Name:

    In the termination of the Cook Shire Council Certified Agreement 2011

  • MNC:

    [2018] QIRC 145

  • Court:

    QIRC

  • Judge(s):

    Thompson IC

  • Date:

    04 Dec 2018

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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