In the termination of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018

[2025] QIRC 49

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 [2025] QIRC 049

PARTIES:

Rockhampton Regional Council

AND

The Australian Workers’ Union of Employees, Queensland

CASE NO:

CB/2024/36

PROCEEDING:

Application to terminate an agreement

DELIVERED ON:

14 February 2025

HEARING DATE: 

14 February 2025

MEMBER:

Caddie IC

HEARD AT:

Brisbane

ORDER:

The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 is terminated.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AGREEMENTS – Application for termination of agreement after nominal expiry date – requirements for termination of agreement – Agreement terminated.

LEGISLATION:

Industrial Relations Act 2016 (Qld) ss 189, 228

APPEARANCES:

Mr P. Spoto of the Local Government Association of Queensland for Rockhampton Regional Council.

Mr G. Taylor for the Australian Workers’ Union of Employees, Queensland.

Reasons for Decision

1. On 3 June 2024, Rockhampton Regional Council ('the Council') applied, pursuant to s 228(1) of the Industrial Relations Act 2016 ('the Act'), to terminate the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 ('the 2018 Certified Agreement'). An amended application was filed on 12 February 2025.

2. The 2018 Certified Agreement has a nominal expiry date of 1 July 2022.

3. The applications were filed in the Industrial Registry together with an affidavit of Mr Evan Pardon, Chief Executive Officer of the Council, and a Notice of intention to terminate the 2018 Certified Agreement.

4. The named parties to the 2018 Certified Agreement are the Council and the Australian Workers' Union of Employees, Queensland ('AWU').

5. Section 228(3) of the Act provides:

   (3)The commission must approve the termination if, and must refuse to approve the    termination unless, satisfied subsection (2) has been complied with and —

   (a)for an agreement or determination that provides that it may be terminated if

   particular conditions are met – the conditions have been met; or

   (b)for an agreement or determination that does not provide for the way it may be

   terminated—

   (i)       the other parties to the agreement or determination agree to it              being terminated; and

   (ii)      termination of the agreement or determination is not contrary              to the public interest.

6. The 2018 Certified Agreement does not include any provisions requiring particular conditions to be met before it may be terminated.

7. All parties to the 2018 Certified Agreement agree to it being terminated.

8. The termination of the 2018 Certified Agreement is not contrary to the public interest.

9. The Council has given the requisite notice of its intention to apply to terminate the 2018 Certified Agreement.[1]

   [1] Industrial Relations Act 2016 (Qld) s 228(2).

10. On 3 June 2024, the Council also applied, pursuant to s 189 of the Act, to certify the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2022.[2]

    [2] A further application was also filed on 12 February 2025.

11. The Council and the AWU have agreed to the terms of the Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2022, which will replace the 2018 Certified Agreement.

12. Section 228(4) of the Act provides that termination takes effect when the Commission’s approval takes effect.

13. Accordingly, I approve the termination of the 2018 Certified Agreement with effect from today’s date, being 14 February 2025.

14. I make the following order:

    1.The Rockhampton Regional Council Treatment Plant Operators Certified Agreement 2018 is terminated.