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In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017[2021] QIRC 431

In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017[2021] QIRC 431

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017 [2021] QIRC 431

PARTIES: 

Somerset Regional Council

v

The Australian Workers' Union of Employees, Queensland

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

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

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

CASE NO:

CB/2021/62

PROCEEDING:

Termination of an agreement

DELIVERED ON:

21 December 2021

HEARING DATE:

21 December 2021

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

  1. The Somerset Regional Council - Field Staff Certified Agreement 2017 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 Todd of LGAQ

Mr McQuillan of the AWU

Reasons for Decision

  1. [1]
    The Somerset Regional Council has applied to terminate the Somerset Regional Council – Field Staff Certified Agreement 2017.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 30 June 2020 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 Somerset 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 Somerset Regional Council – Field Staff Certified Agreement 2017 is terminated as from 21 December 2021.[5]
  1. [4]
    I make the following order: The Somerset Regional Council – Field Staff Certified Agreement 2017 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 Somerset Regional Council - Field Staff Certified Agreement 2017

  • Shortened Case Name:

    In the termination of the Somerset Regional Council - Field Staff Certified Agreement 2017

  • MNC:

    [2021] QIRC 431

  • Court:

    QIRC

  • Judge(s):

    Pidgeon IC

  • Date:

    21 Dec 2021

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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