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Queensland Judgments
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  • Unreported Judgment

In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012

 

[2020] QIRC 59

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012 [2020] QIRC 059

PARTIES: 

Rockhampton Regional Council

and

The Australian Workers’ Union of Employees Queensland

and

Transport Workers’ Union of Australia, Queensland Branch

CASE NO:

CB/2020/16

PROCEEDING:

Application for approval to terminate certified agreement after nominal expiry date

DELIVERED ON:

29 April 2020

HEARING DATE:

29 April 2020

HEARD AT:

Brisbane

MEMBER:

McLennan IC

ORDER:

  1. The Rockhampton Regional Council Waste and Recycling 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 N. Todd of the Local Government Association Queensland / Peak Services on behalf of the Rockhampton Regional Council

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

Ms M Cerrato of the Transport Workers’ Union of Australia, Queensland Branch

Reasons for Decision

  1. [1]
    The Rockhampton Regional Council has applied to terminate the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012.  It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 16 December 2014 and the parties consent to its termination.
  1. [3]
    I have considered the affidavit of Mr Evan Anthony Pardon, Chief Executive Officer of Rockhampton Regional Council, sworn 25 March 2020.
  1. [4]
    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. [5]
    On that basis, I terminate the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012 with effect from 29 April 2020.[5]
  1. [6]
    I make the following order:
  1. The Rockhampton Regional Council Waste and Recycling Certified Agreement 2012 is terminated.

Footnotes

[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).

Close

Editorial Notes

  • Published Case Name:

    In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012

  • Shortened Case Name:

    In the termination of the Rockhampton Regional Council Waste and Recycling Certified Agreement 2012

  • MNC:

    [2020] QIRC 59

  • Court:

    QIRC

  • Judge(s):

    Member McLennan IC

  • Date:

    29 Apr 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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