Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 228

228 Termination after nominal expiry date

(1) After the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination—

(a) the employer;

(b) a valid majority of the relevant employees;

(c) an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.

(2) The person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.

(3) The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and—

(a) for an agreement or determination that provides that it may be terminated if particular conditions are met—the conditions have been met; or

(b) for an agreement or determination that does not provide for the way it may be terminated—

(i) the other parties to the agreement or determination agree to it being terminated; and

(ii) termination of the agreement or determination is not contrary to the public interest.

(4) The termination takes effect when the commission’s approval takes effect.