In the termination of the Western Downs Regional Council Nurses Certified Agreement 2011 [2021] QIRC 281 (16 August 2021)

Last Updated: 27 August 2021

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	In the termination of the Western Downs Regional Council Nurses Certified Agreement 2011 [2021] QIRC 281
PARTIES:	Western Downs Regional Council and Queensland Nurses and Midwives Union
CASE NO:	CB/2021/26
PROCEEDING:	Termination of an agreement
DELIVERED ON:	16 August 2021
HEARING DATE:	16 August 2021
MEMBER: HEARD AT:	Pidgeon IC Brisbane
ORDER:	1. The Western Downs Regional Council Nurses 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:	Ms E McGovern for the Western Downs Regional Council. Ms C Trevascus for the Queensland Nurses and Midwives Union.

Reasons for Decision

• [1] The Western Downs Regional Council has applied to terminate the Western Downs Regional Nurses Certified Agreement 2011. It does so pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act').

• [2] The certified agreement nominally expired on 12 February 2015 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 Western Downs 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 Western Downs Regional Council Nurses Certified Agreement 2011 is terminated as from 16 August 2021.^[5]

• [4] I make the following order:

The Western Downs Regional Council Nurses Certified Agreement 2011 is terminated.

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^[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)