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In the termination of the Cassowary Coast Regional Council Certified Agreement 2011[2020] QIRC 13

In the termination of the Cassowary Coast Regional Council Certified Agreement 2011[2020] QIRC 13

 

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

 

CITATION:

In the termination of the Cassowary Coast Regional Council Certified Agreement 2011 [2020] QIRC 013

PARTIES: 

Cassowary Coast Regional Council

v

Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

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

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

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

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2020/4

PROCEEDING:

Termination of an agreement

DELIVERED ON:

29 January 2020

HEARING DATE:

29 January 2020

MEMBER:

Pidgeon IC

HEARD AT:

Brisbane

ORDER:

  1. The Cassowary Coast Regional Council Certified Agreement 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:

Mr V Pejovic of LGAQ for the Applicant

Ms S Young of AWU and Mr S Boman of QSU for the Respondents

Reasons for Decision

  1. [1]
    The Cassowary Coast Regional Council has applied to terminate the Cassowary Coast Regional Council Certified Agreement 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 30 June 2014 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 Cassowary Coast 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 Cassowary Coast Regional Council Certified Agreement 2011 is terminated as from 29 January 2020.[5]
  1. [4]
    I make the following order: The Cassowary Coast Regional Council Certified Agreement 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)

Close

Editorial Notes

  • Published Case Name:

    In the termination of the Cassowary Coast Regional Council Certified Agreement 2011

  • Shortened Case Name:

    In the termination of the Cassowary Coast Regional Council Certified Agreement 2011

  • MNC:

    [2020] QIRC 13

  • Court:

    QIRC

  • Judge(s):

    Member Pidgeon IC

  • Date:

    29 Jan 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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