In the termination of the Rockhampton Regional Council Certified Agreement 2018 – Internal Employees

[2022] QIRC 425

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Rockhampton Regional Council Certified Agreement 2018 – Internal Employees [2022] QIRC 425

PARTIES:

Rockhampton Regional Council

AND

The Australian Workers' Union of Employees, Queensland

Queensland Services, Industrial Union of Employees

United Workers' Union, Industrial Union of Employees, Queensland

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

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

CASE NO:

CB/2022/104

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

4 November 2022

HEARING DATE: 

3 November 2022

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

1.     The Rockhampton Regional Council Certified Agreement 2018 – Internal Employees is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – application for termination after nominal expiry date – requirements for termination – agreement terminated

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 228

APPEARANCES:

Ms N Hope of the Local Government Association Queensland on behalf of the Rockhampton Regional Council

Mr J Maguire for Queensland Services, Industrial Union of Employees

Ms C Taylor of The Australian Workers' Union of Employees, Queensland

Mr S. Ong of United Workers' Union, Industrial Union of Employees, Queensland

Reasons for Decision

1. The Rockhampton Regional Council has applied to terminate the Rockhampton Regional Council Certified Agreement 2018 – Internal Employees. It does so pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld).

1. The Agreement nominally expired on 1 July 2022 and the parties consent to its termination.

2. I have considered the affidavit of Mr Evan Anthony Pardon, Chief Executive Officer of Rockhampton Regional Council, sworn 28 September 2022.

3. I am satisfied that:

   ·the agreement does not provide any particular conditions that must be met before it may be terminated;[1]

   ·the Rockhampton Regional Council has given notice of its intention to apply to terminate the agreement;[2]

   ·the other parties to the agreement agree to its being terminated;[3] and

   ·the termination of the agreement is not contrary to the public interest.[4]

   [1] Industrial Relations Act 2016 (Qld) s 228(3).

   [2] Ibid s 228(2).

   [3] Ibid s 228(3)(b)(i).

   [4] Ibid s 228(3)(b)(ii).

4. On that basis, I terminate the Rockhampton Regional Council Certified Agreement 2018 – Internal Employees with effect from 3 November 2022.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The Rockhampton Regional Council Certified Agreement 2018 – Internal Employees is terminated.