In the termination of the Townsville City Council (Field and Other Employees) Certified Agreement 2017

[2019] QIRC 191

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

In the termination of the Townsville City Council (Field and Other Employees) Certified Agreement 2017 [2019] QIRC 191

PARTIES:

Townsville City Council

and

The Australian Workers' Union of Employees, Queensland  

and

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

and

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

and

The Electrical Trades Union of Employees Queensland

and

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

and

Queensland Services, Industrial Union of Employees

CASE NO:

CB/2019/117

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

11 December 2019

HEARING DATE: 

11 December 2019

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

1.     The Townsville City Council (Field and Other Employees) Certified Agreement 2017 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. Coburn for the Townsville City Council

Mr. D. Cutler for Queensland Services, Industrial Union of Employees

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

Reasons for Decision

1. The Townsville City Council has applied to terminate the Townsville City Council (Field and Other Employees) Certified Agreement 2017.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.

1. The Agreement nominally expired on 31 December 2018 and the parties consent to its termination.

2. I have considered the affidavit of Ms. Stacey Lea Coburn, Director of Business Services of Townsville City Council, sworn 18 November 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 Townsville City 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 Townsville City Council (Field and Other Employees) Certified Agreement 2017 with effect from 11 December 2019.[5]

   [5] Ibid s 228(4).

5. I make the following order:

   1.       The Townsville City Council (Field and Other Employees) Certified Agreement 2017 is terminated.