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In the termination of the South Burnett Regional Council Certified Agreement - Field Staff 2011

[2020] QIRC 101

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In the termination of the South Burnett Regional Council Certified Agreement - Field Staff 2011[2020] QIRC 101

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the South Burnett Regional Council Certified Agreement - Field Staff 2011 [2020] QIRC 101
PARTIES:	South Burnett Regional Council v Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees Construction, Forestry, Mining and Energy Industrial Union of Employees The Australian Workers' Union of Employees, Queensland Transport Workers' Union of Australia, Union of Employees, Queensland Branch
CASE NO:	CB/2020/27
PROCEEDING:	Termination of an agreement
DELIVERED ON:	6 July 2020
HEARING DATE:	6 July 2020
MEMBER: HEARD AT:	Pidgeon IC Brisbane
ORDER:	The South Burnett Regional Council Certified Agreement - Field Staff 2011 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 Mitanis of LGAQ for the Applicant Ms M Robertson of QSU for the Respondent.

Reasons for Decision

[1]
The South Burnett Regional Council has applied to terminate the South Burnett Regional Council Certified Agreement - Field Staff 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

[2]
The Agreement nominally expired on 15 March 2014 and the parties consent to its termination.

[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 South Burnett Regional 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 South Burnett Regional Council Certified Agreement - Field Staff 2011 is terminated as from 6 July 2020.^[5]

[4]
I make the following order: The South Burnett Regional Council Certified Agreement - Field Staff 2011 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)

Editorial Notes

Published Case Name:
In the termination of the South Burnett Regional Council Certified Agreement - Field Staff 2011
Shortened Case Name:
In the termination of the South Burnett Regional Council Certified Agreement - Field Staff 2011
MNC:
[2020] QIRC 101
Court:
QIRC
Judge(s):
Pidgeon IC
Date:
06 Jul 2020

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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