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In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012[2018] QIRC 150

In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012[2018] QIRC 150

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012 [2018] QIRC 150

PARTIES:

Balonne Shire Council

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2018/186

PROCEEDING:

Termination of a certified agreement after nominal expiry date

DELIVERED ON:

17 December 2018

HEARING DATE:

17 December 2018

HEARD AT:

Brisbane

MEMBER:

Black IC

ORDER:

1.The Balonne Shire Council Certified Agreement (Officers) 2012 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016, s 228

APPEARANCES:

Mr R Beer with Ms D Green for the Balonne Regional Council

Ms Michelle Robertson for the Queensland Services, Industrial Union of Employees

Reasons for Decision

  1. [1]
    The Balonne Shire Council has applied to terminate the Balonne Shire Council Certified Agreement (Officers) 2012.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 28 June 2015 and the parties consent to its termination.
  1. [3]
    Having regard to the affidavit of Michelle Clark dated 7 December 2018; the exclusion from the agreement of any provisions recording that any particular conditions need to be met before it may be terminated; the Commission's satisfaction that the Council has given notice of its intention to apply to terminate the agreement; the agreement of the other party to the agreement to the termination of the agreement; and my view that the termination of the agreement is not contrary to the public interest; I have decided to terminate the Balonne Shire Council Certified Agreement (Officers) 2012 with effect from 17 December 2018.
  1. [4]
    I make the following order:
  1. The Balonne Shire Council Certified Agreement (Officers) 2012 is terminated.
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Editorial Notes

  • Published Case Name:

    In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012

  • Shortened Case Name:

    In the termination of the Balonne Shire Council Certified Agreement (Officers) 2012

  • MNC:

    [2018] QIRC 150

  • Court:

    QIRC

  • Judge(s):

    Black IC

  • Date:

    17 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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