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Australian Mines and Metals Association (Inc.) Queensland Branch v The Australian Workers’ Union of Employees, Queensland [2002] QIRC 16 (2002) 169 QGIG 187

Case law · Queensland · 2002
1 March, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 187 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 173 – termination of certified agreement Australian Mines and Metals Association (Inc.) Queensland Branch AND The Australian Workers’ Union of Employees, Queensland (No. CA441 of 1997) COMMISSIONER BECHLY 19 February 2002 SPOTLESS SERVICES AUSTRALIA LIMITED – NORTH GOONYELLA COAL MINE – CATERING CERTIFIED AGREEMENT DECISION Spotless Services Australia Limited seeks the termination of the Spotless Services Australia Limited – North Goonyella Coal Mine – Catering Certified Agreement, No. CA441 of 1997. The agreement expired on 6 August, 1999. The matter was heard on 15 November 2001. At that hearing The Australian Workers Union of Employees, Queensland (AWU), the other party to the Agreement was present but made no representations. Material was produced which appears to satisfy the requirements of section 173 of the Act. The applicants are the employer and a Mr Raymond Addis, a representative of a valid majority of the employees bound by the Agreement of 9 July 1997, and the only other party, the AWU. I am informed that the present relevant employees are now party to Australian Workplace Agreements approved in accordance with the federal Workplace Relations Act 1996. It is argued that it is not in the public interest to maintain a redundant Certified Agreement with attendant administrative costs and potential for confusion. I am also informed that present employees covered by AWAs receive a rate some $57.80 in excess of the rates provided for in the Certified Agreement. It is in the public interest that the Certified Agreement be terminated. The termination will take effect from 18 December, 2001. R.E. BECHLY, Commissioner Appearances:– Released: 19 February 2002 Mr I. Turner of Australian Mines and Metals Association Inc. on behalf of the applicant. Mr B. Swan for The Australian Workers’ Union of Employees, Queensland, the respondent. -- 1 of 1 --