In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2018

[2023] QIRC 96

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2018 [2023] QIRC 096

PARTIES:

Rockhampton Regional Council

AND

The Australian Workers’ Union of Employees, Queensland

AND

Transport Workers’ Union of Employees, Queensland Branch

CASE NO:

CB/2023/16

PROCEEDING:

Termination of an agreement

DELIVERED ON:

3 April 2023

HEARING DATE: 

3 April 2023

MEMBER:

Pidgeon IC

HEARD AT:

Brisbane

ORDER:

The Rockhampton Regional Council Waste and Recycling 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:

N. Hope, Local Government Association of Queensland for the Rockhampton Regional Council

D. Marr, The Australian Workers’ Union of Employees, Queensland 

Reasons for Decision

1. On 15 March 2023, the Rockhampton Regional Council (‘the Council’) applied, pursuant to s 228(1) of the Industrial Relations Act 2016 (Qld) (‘the Act’), to terminate the Rockhampton Regional Council Waste and Recycling Agreement 2018 (‘the certified agreement’).

2. The certified agreement has a nominal expiry date of 1 July 2022.

1. 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.

2. I have had regard to:

   ·        the submissions made by the parties who appeared today; and

   ·        the affidavit of Mr Evan Pardon, Chief Executive Officer, Rockhampton Regional Council, filed on 15 March 2023.

3. The certified agreement does not provide that particular conditions need to be met before it may be terminated.

4. I am satisfied that the Applicant has given the requisite notice of its intention to apply to terminate the certified agreement.

5. On 15 March 2023, the Applicant made an application, pursuant to s 189 of the Act, to certify the Rockhampton Regional Council Waste and Recycling Certified Agreement 2022.

6. The Applicant, the Australian Workers’ Union of Employees, Queensland, and the Transport Workers’ Union of Employees, Queensland Branch,[1] have agreed to the terms of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2022 which will replace the certified agreement.

[1] By correspondence from Mr Richard Olsen, Branch Secretary of the Transport Workers’ Union of Employees, Queensland Branch to the Industrial Registry dated 31 March 2023.

1. I am satisfied that:

   ·        all parties to the certified agreement agree to it being terminated; and

   ·        the termination of the certified agreement is not contrary to the public interest.

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

1. I approve the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2018 with effect from 3 April 2023.

1. I make the following order:

The Rockhampton Regional Council Waste and Recycling Certified Agreement 2018 is terminated.