In the termination of the Ipswich City Council Local Government Employees Certified Agreement 2011

[2019] QIRC 16

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Ipswich City Council Local Government Employees Certified Agreement 2011 [2019] QIRC 016

PARTIES:  

Ipswich City Council

and

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

United Voice, Industrial Union of Employees, Queensland

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

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

CASE NO:

CB/2018/201

PROCEEDING:

Termination of an agreement

DELIVERED ON:

18 January 2019

HEARING DATE: 

18 January 2019

MEMBER:

Thompson IC

HEARD AT:

Brisbane

ORDER:

1.   The Ipswich City Council Local Government Employees 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, s 228

APPEARANCES:

Ms N. Todd of Peak Services for the Ipswich City Council

Mr L. Norris of Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

Mr J. Harding of The Australian Workers' Union of Employees, Queensland

Mr J. Blundell Thornton of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and for Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Reasons for Decision

1. The Ipswich City Council has applied to terminate the Ipswich City Council Local Government Employees Certified Agreement 2011 (CA/2012/25), it does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The certified agreement had a nominal expiry date of 1 October 2014.

2. 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;[1] that the Commission is satisfied that Ipswich City Council have 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 Ipswich City Council Local Government Employees Certified Agreement 2011 is terminated as and from 18 January 2019.[5]

   [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).

3. I make the following order:

1. The Ipswich City Council Local Government Employees Certified Agreement 2011 is terminated.

"I certify that the preceding 4 paragraphs
are a true copy of the Reasons for Decision
of Industrial Commissioner Thompson

J.M THOMPSON, Industrial Commissioner:              _________________________________

Dated:  18 January 2019