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Queensland Judgments
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In the making of the Department of Education Certified Agreement 2019

 

[2020] QIRC 87

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

In the making of the Department of Education Certified Agreement 2019 [2020] QIRC 087

PARTIES:

State of Queensland (Department of Education)

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2020/18 

PROCEEDING:

Certification of an agreement

DELIVERED ON:

9 June 2020 (written reasons 16 May 2020)

HEARING DATE:

9 June 2020

HEARD AT:

Brisbane

MEMBER:

O'Connor VP

ORDER:

  1. The Department of Education Certified Agreement 2019 is certified.

CATCHWORDS:

INDUSTRIAL LAW – application for certification of an agreement – requirements for certification – agreement certified

LEGISLATION:

Industrial Relations Act 2016, s 171, s 189, s 191, s 216, s 227, s 228

APPEARANCES:

Mr D Miller for the Department of Education

Mr K McKay for Together Queensland, Industrial Union of Employees

Reasons for Decision

  1. [1]
    The State of Queensland (Department of Education) and Together Queensland, Industrial Union of Employees has made an application to certify the Department of Education Certified Agreement 2019 pursuant to s 189 of the Industrial Relations Act 2016.
  1. [2]
    As required by s 189(3) of the Act, the application was made within 21 days of the date on which the agreement was made.
  1. [3]
    This Agreement will apply to:
  • the State of Queensland;
  • Together Queensland, Industrial Union of Employees;
  • employees employed by the State of Queensland, employed in the Department of Education in the occupation of Community Education Counsellor to whom the Teaching in State Education Award - State 2016 applies;
  • employees employed by the State of Queensland, employed in the Department of Education to whom the following awards apply except the employees listed in clause 1.2.2:
  • Queensland Public Service Officers and Other Employees Award- State 2015; and
  • General Employees (Queensland Government Departments) and other Employees Award – State 2015.
  1. [4]
    Relevantly, clause 1.2.2 of the proposed agreement provides that 'This Agreement will not apply to employees employed in the occupations of Teachers, Nurses, Teacher Aides and Cleaners.
  1. [5]
    Mr Alex Scott, the Secretary of the Together Union, deposes to the following to demonstrate the application's compliance with s 171 of the Act:
  • on March 2020 the employer sent an email to all employees advising them of the proposed agreement;
  • from 13 March 2020 the employer made available to each employee;
  • the proposed agreement
  • a pre-recorded information session
  • frequently asked question
  • an electronic ballot commenced on 30 March 2020 and closed on 9 April 2020;
  • a valid majority of employees approved the agreement, specifically 7219 out of a total of 14209 eligible employees voted in the electronic ballot and of those who voted in the ballot 96% indicated support for the agreement;   
  • the employer took reasonable steps to ensure that at least 14 days before the ballot all relevant employees were given ready access to the proposed agreement; and
  • all relevant employees were given the opportunity to ask questions about the agreement at any time before the ballot.
  1. [6]
    Accompanying the application for certification is an affidavit of Mr David Miller (Executive Director, Integrity and Employees Relations, Department of Education) whereby he provides information on the following topics:
  • the number of female and male employees covered by the proposed agreement;
  • the number of trainees covered by the proposed agreement;
  • the wages of the employees, the wages determination mechanism and the per annum increase on the wage rates;
  • the difference between the average weekly full-time equivalent earnings of male employees and female employees;
  • factors identified as contributing to the gender pay gap;
  • steps taken to provide for equal remuneration for work of equal or comparable value under the proposed agreement; and 
  • provisions to ensure equality of employment opportunity for male and female employees;
  1. [7]
    In certifying the agreement, the Commission recognises that: each relevant requirement under subdivision 2 of Division 2 of Part 5 of the Act has been satisfied;  and, that there was nothing in the agreement which would require the Commission to refuse to grant the application under subdivision 3 of Division 2 of Part 5 of the Act. 
  2. [8]
    The agreement operates from the day it was certified, namely 9 June 2020.[1]  The nominal expiry date of the agreement is 31 August 2022 however, the agreement continues to operate until it is terminated under s 227 or s 228 of the Act.
  1. [9]
    The application to certify the Department of Education Certified Agreement 2019 is granted.  
  1. [10]
    I make the following order:
  1. The Department of Education Certified Agreement 2019 is certified.

Footnotes

[1] s 216(1).

Close

Editorial Notes

  • Published Case Name:

    In the making of the Department of Education Certified Agreement 2019

  • Shortened Case Name:

    In the making of the Department of Education Certified Agreement 2019

  • MNC:

    [2020] QIRC 87

  • Court:

    QIRC

  • Judge(s):

    Member O'Connor VP

  • Date:

    09 Jun 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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