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Re the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015[2019] QIRC 92

Re the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015[2019] QIRC 92

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: 

In the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015 [2019] QIRC 092

PARTIES:

`

State of Queensland (Department of Education)

and

United Voice, Industrial Union of Employees, Queensland

CASE NO:

CB/2019/37

PROCEEDING:

Termination of agreement after nominal expiry date

DELIVERED ON:

11 June 2019

HEARING DATE:

11 June 2019

HEARD AT:

Brisbane

MEMBER:

Vice President O'Connor

ORDER:

  1. The Department of Education and Training (Education) Cleaners' Certified Agreement 2015 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:

Ms M Creighton from the Department of Education

Mr D Peverill from United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

  1. [1]
    The Department of Education has applied to terminate the Department of Education and Training (Education) Cleaners' Certified Agreement 2015, it does so pursuant to s 228(1) of the Industrial Relations Act 2016. The certified agreement had a nominal expiry date of 31 August 2018.
  1. [2]
    The application for termination contains an affidavit of Marie Creighton sworn 17 May 2019. Ms Creighton deposes that the Department executed a Form 50 Notice of intention to terminate a certified agreement on 16 May 2019; that the notice had been given to all persons to whom the agreement applies by special broadcast email from the Director-General of the Department of Education on 22 March 2019; and, that the termination is not contrary to the public interest.
  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 Department 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 Department of Education and Training (Education) Cleaners' Certified Agreement 2015,  is terminated as from 11 June 2019.[5]
  1. [4]
    I make the following order:
  1. The Department of Education and Training (Education) Cleaners' Certified Agreement 2015 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 Department of Education and Training (Education) Cleaners' Certified Agreement 2015

  • Shortened Case Name:

    Re the termination of the Department of Education and Training (Education) Cleaners' Certified Agreement 2015

  • MNC:

    [2019] QIRC 92

  • Court:

    QIRC

  • Judge(s):

    O'Connor VP

  • Date:

    11 Jun 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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