QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:		In the termination of the Winton Shire Council Enterprise Bargaining Agreement 2012 - CA/2012/545 [2020] QIRC 011
	
PARTIES:	
	Winton Shire Council

and

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
	
CASE NO:
	CB/2019/133
	
PROCEEDING:
	Termination of agreement after nominal expiry date
	
DELIVERED ON:
	28 January 2020	
HEARING DATE: 
	28 January 2020 	
HEARD AT:
	Brisbane	
MEMBER:
	Industrial Commissioner Thompson	
ORDER:
	1.	The Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545 is terminated.
	
CATCHWORDS:	INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED AGREEMENT - where application for termination of agreement after nominal expiry date - where requirements for termination.
	
LEGISLATION:	Industrial Relations Act 2016, s 228
	
APPEARANCES:	Ms S. Wishart, Murdoch Lawyers for the Winton Shire Council.
Mr S. Boman for the Queensland Services, Industrial Union of Employees.

Reasons for Decision

[1]	The Winton Shire Council has applied to terminate the Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545, pursuant to s 228(1) of the Industrial Relations Act 2016.

[2]	The certified agreement had a nominal expiry date of 9 November 2015.

[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;  that the Commission is satisfied that the Winton Shire Council has given notice of its intention to apply to terminate the agreement;  that the other parties to the agreement agree to it being terminated;  and, that the termination of the determination is not contrary to the public interest;  the Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545, is terminated as from 28 January 2020.

[4]	I make the following order:

1.	The Winton Shire Council Enterprise Bargaining Certified Agreement 2012 - CA/2012/545 is terminated.