In the termination of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2012

[2019] QIRC 156

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2012 [2019] QIRC 156

PARTIES:  

Rockhampton Regional Council

and

The Australian Workers’ Union of Employees Queensland

and

Transport Workers’ Union of Australia, Queensland Branch

CASE NO:

CB/2019/86

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

25 October 2019

HEARING DATE: 

25 October 2019

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

1.     The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2012 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for termination after nominal expiry date – Requirements for termination – Agreement terminated

LEGISLATION:

Industrial Relations Act 2016

APPEARANCES:

Ms S. Mitanis of the Local Government Association Queensland on behalf of the Rockhampton Regional Council

Ms S. Young of The Australian Workers’ Union of Employees Queensland

Reasons for Decision

1. The Rockhampton Regional Council has applied to terminate the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2012.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 16 December 2014 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 2 September 2019.

3. I am satisfied that:

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

   ·        the Commission is satisfied that 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 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 Treatment Plant Operators Certified Agreement 2012 with effect from 25 October 2019.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2012 is terminated.