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In the termination of the Cook Shire Council -Certified Agreement 2012[2019] QIRC 66

In the termination of the Cook Shire Council -Certified Agreement 2012[2019] QIRC 66

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Cook Shire Council -Certified Agreement 2012 [2019] QIRC 066

PARTIES:

Cook Shire Council

v

Queensland Services, Industrial Union of Employees

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

CASE NO:

CB/2019/20

PROCEEDING:

Termination of an agreement

DELIVERED ON:

7 May 2019

HEARING DATE:

3 March 2019

MEMBER[S]:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

  1. The Cook Shire Council Certified Agreement 2012 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 (Qld), s 228

APPEARANCES:

Ms S Woolf of LGAQ for the Applicant

Ms M Robertson for Queensland Services, Industrial Union of Employees

Ms S Young for Australian Workers' Union of Employees, Queensland (interested party)

Reasons for Decision

  1. [1]
    The Cook Shire Council has applied to terminate the Cook Shire Council Certified Agreement 2012.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 20 April 2015 upon the certification of the proposed Cook Shire Council Indoor Certified Agreement 2018 and the parties consent to its termination.
  1. [3]
    On the basis that the agreement does not include any provisions recording that any particularly conditions need to be met before it may be terminated;[1] that the Commission is satisfied that the Cook 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 Cook Shire Council Certified Agreement 2012 is terminated as from 3 May 2019.
  1. [4]
    I make the following order: The Cook Shire Council Certified Agreement 2012 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).

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Editorial Notes

  • Published Case Name:

    In the termination of the Cook Shire Council -Certified Agreement 2012

  • Shortened Case Name:

    In the termination of the Cook Shire Council -Certified Agreement 2012

  • MNC:

    [2019] QIRC 66

  • Court:

    QIRC

  • Judge(s):

    Member Pidgeon IC

  • Date:

    07 May 2019

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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