In the termination of the Townsville City Council (Field and Other Employees) Certified Agreement 2012

[2018] QIRC 32

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

In the termination of the Townsville City Council (Field and Other Employees) Certified Agreement 2012 [2018] QIRC 032

PARTIES:  

Townsville City Council

and

Australian Workers' Union of Employees, Queensland

Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

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

Plumbers & Gasfitters Employees Union Queensland, Union of Employees

CASE NO:

CB/2018/3

PROCEEDING:

Termination of an agreement

DELIVERED ON:

15 March 2018

HEARING DATE: 

15 March 2018

HEARD AT:

Brisbane

MEMBER:

Deputy President O'Connor

ORDER:

1.    The Townsville City Council (Field and Other Employees) 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

APPEARANCES:

Ms S. Coburn, for the Townsville City Council

Ms N. Sivakumar, for the Australian Workers' Union

Reasons for Decision

1. The Townsville City Council has applied to terminate the Townsville City Council (Field and Other Employees) Certified Agreement 2012, 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 April 2015.

2. 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 the Townsville City Council has 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 determination is not contrary to the public interest;[4] the Townsville City Council (Field and Other Employees) Certified Agreement 2012 is terminated as from 15 March 2018.[5]

   [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).

3. I make the following order:

1. The Townsville City Council (Field and Other Employees) Certified Agreement 2012 is terminated.