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Unreported Judgment

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

[2020] QIRC 99

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In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011[2020] QIRC 99

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011 [2020] QIRC 099
PARTIES:	South Burnett Regional Council v Queensland Services Industrial Union of Employees The Association of Professional Engineers, Scientists and Managers Australia
CASE NO:	CB/2020/25
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 - Officers 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 - Officers 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 - Officers 2011 is terminated as from 6 July 2020.^[5]

[4]
I make the following order: The South Burnett Regional Council Certified Agreement - Officers 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 - Officers 2011
Shortened Case Name:
In the termination of the South Burnett Regional Council Certified Agreement - Officers 2011
MNC:
[2020] QIRC 99
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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