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In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018[2022] QIRC 125

In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018[2022] QIRC 125

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 [2022] QIRC 125

PARTIES: 

Ipswich City Council

v

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

Australian Workers' Union of Employees, Queensland

CASE NO:

CB/2022/28

PROCEEDING:

Termination of an agreement

DELIVERED ON:

1 April 2022

HEARING DATE:

1 April 2022

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDER:

The Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) 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:

Mr Sheehan for the Council

Mr Marr for the AWU

Reasons for Decision

  1. [1]
    The Ipswich City Council has applied to terminate the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018. It does so pursuant to s 228(1) of the Industrial Relations Act 2016.
  1. [2]
    The Agreement nominally expired on 1 October 2021 and the parties consent to its termination.
  1. [3]
    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 Ipswich 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 agreement is not contrary to the public interest;[4] the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 is terminated as from 1 April 2022.[5]
  1. [4]
    I make the following order: The Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018 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 Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018

  • Shortened Case Name:

    In the termination of the Ipswich City Council Local Government Waste Service Employee' (Domestic and Commercial Drivers) Certified Agreement 2018

  • MNC:

    [2022] QIRC 125

  • Court:

    QIRC

  • Judge(s):

    Pidgeon IC

  • Date:

    01 Apr 2022

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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