In the Termination of the Torres Shire Council Certified Agreement 2010
[2019] QIRC 130
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- Unreported Judgment
In the Termination of the Torres Shire Council Certified Agreement 2010[2019] QIRC 130
In the Termination of the Torres Shire Council Certified Agreement 2010[2019] QIRC 130
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | In the termination of the Torres Shire Council Certified Agreement 2010 [2019] QIRC 130 |
PARTIES: | Torres Shire Council AND The Australian Workers Union of Employees, Queensland AND Queensland Services, Industrial Union of Employees |
CASE NO: | CB/2019/70 |
PROCEEDING: | Termination of an agreement |
DELIVERED ON: | 6 September 2019 |
HEARING DATE: | 6 September 2019 |
MEMBER: | Industrial Commissioner Hartigan |
HEARD AT: | Brisbane |
ORDER: |
|
CATCHWORDS: | INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination of agreement after nominal expiry date – Requirements for termination – Agreement terminated |
LEGISLATION: | Industrial Relations Act 2016 (Qld) s 228 |
APPEARANCES: | Ms N. Todd for the Torres Shire Council Mr A. Santelises for The Australian Workers Union of Employees, Queensland Ms M. Robertson for Queensland Services, Industrial Union of Employees |
Reasons for Decision
- [1]The Torres Shire Council has applied to terminate the Torres Shire Council Certified Agreement 2010, pursuant to s 228(1) of the Industrial Relations Act 2016.
- [2]The certified agreement has a nominal expiry date of 16 December 2013.
- [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 Torres Shire 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 agreement is not contrary to the public interest;[4] the Torres Shire Council Certified Agreement 2010 is terminated as and from 6 September 2019.[5]
- [4]I make the following order:
- The Torres Shire Council Certified Agreement 2010 is terminated.