In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018

[2022] QIRC 125

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 [2022] QIRC 125

PARTIES:

Ipswich City Council

v

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

Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2022/28

PROCEEDING:

Termination of an agreement

DELIVERED ON:

1 April 2022

HEARING DATE: 

1 April 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 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:

Mr Sheehan for the Council

Mr Marr for the AWU

Reasons for Decision

1. The Ipswich City Council has applied to terminate the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018. It does so pursuant to s 228(1) of the Industrial Relations Act2016.

1. The Agreement nominally expired on 1 October 2021 and the parties consent to its termination.

1. 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 the Ipswich City 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 Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 is terminated as from 1 April 2022.[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)

1. I make the following order: The Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 is terminated.