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  4. In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) - [2018] QIRC 25

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In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)[2018] QIRC 25

In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)[2018] QIRC 25

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) [2018] QIRC 025

PARTIES:

Sunshine Coast Council

and

The Australian Workers' Union of Employees, Queensland

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

Transport Workers' Union of Australia, Union of Employees (Queensland Branch) 

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2018/9

PROCEEDING:

Termination of an agreement

DELIVERED ON:

07 March 2018

HEARING DATE:

06 March 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

  1. The Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) 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 P. Mulready for the Sunshine Coast Council

Ms K. J. Johnston for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Mr B. Fullarton for The Australian Workers' Union of Employees, Queensland

Ms J. Fiedler for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Reasons for Decision

  1. [1]
    The Sunshine Coast Council has applied to terminate the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2), 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 30 June 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 the Sunshine Coast Council has 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 determination is not contrary to the public interest;[4] the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) is terminated as from 6 March 2018.[5]
  1. [4]
    I make the following order:

1.  The Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2) 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).

Close

Editorial Notes

  • Published Case Name:

    In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)

  • Shortened Case Name:

    In the termination of the Sunshine Coast Council Field-Based Employees Certified Agreement 2011 (No.2)

  • MNC:

    [2018] QIRC 25

  • Court:

    QIRC

  • Judge(s):

    Member Deputy President O'Connor

  • Date:

    07 Mar 2018

Appeal Status

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

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Gay v Workers' Compensation Regulator [2024] QIRC 1411 citation
1

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