In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012

[2019] QIRC 14

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012 [2019] QIRC 014

PARTIES:

Ipswich City Council and

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

CASE NO:

CB/2018/199

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 Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012 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

2

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)

Reasons for Decision

1. The Ipswich City Council has applied to terminate the Ipswich City Council Local Government Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012 (CA/2012/31), 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.

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 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 Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012 is terminated as and from  18 January 2019.5

1. I make the following order:

1.The Ipswich City Council Local Government Waste Service Employee' (Domestic Commercial Drivers) Certified Agreement 2012 is terminated.

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).