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Queensland Judgments
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  • Unreported Judgment

Re: Application for decision about designated award

 

[2020] QIRC 92

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Application for decision about designated award [2020] QIRC 092

PARTIES:

State of Queensland

and

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2020/23

PROCEEDING:

Application

DELIVERED ON:

9 June 2020 (written reasons 16 June 2020)

HEARING DATE:

9 June 2020

HEARD AT:

Brisbane

MEMBER:

O'Connor VP

ORDER:

1. The application is granted

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for decision about designated award for a certified agreement.

LEGISLATION:

Industrial Relations Act 2016, s 213

APPEARANCES:

Ms L Gribbin of the Office of Industrial Relations

Mr M Thomas of Together Queensland, Industrial Union of Employees

Reasons for Decision

  1. [1]
    This application is made by the State of Queensland (Office of Industrial Relations) on behalf of the Office of the Governor under s 213(3) of the Industrial Relations Act 2016 for a decision about the awards that are appropriate for the purposes of deciding if a proposed certified agreement passes the no-disadvantage test.
  1. [2]
    The 'proposed certified agreement' is the State Government Entities Certified Agreement 2019.
  1. [3]
    The relevant section of the IR Act which regulates this type of application provides:

213 Deciding designated awards

(1)  This section applies if—

(a)  an employer, or an employee organisation, proposes to make a certified agreement; and

(b)  there is no relevant award for some or all of the persons to whom the agreement will apply.

(2)  The employer or organisation must apply to the commission for a decision under subsection (3).

  1. (3)
      On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test.
  1. (4)
      The commission must give the employer or organisation in written notice of the commission’s decision.
  1. [4]
    The Office of the Governor is an entity engaging employees covered by the State Government Entities Certified Agreement 2019. The Office of the Governor engages operational (including security officers, gardeners and stewards) and administrative staff who are covered by the State Government Entities Certified Agreement 2019. The operational and administrative staff are engaged in operational activities such as:
  1. (a)
    maintaining the Government House Estate as an official State residence by conserving its heritage-listed facilities and undertaking appropriate maintenance, security, stewardship and horticultural tasks.
  1. (b)
    providing administrative and logistical support to enable the Governor to fulfil constitutional, representational, ceremonial and community responsibilities.
  1. [5]
    It is necessary to propose a designated award under section 213(3) of the IR Act for this discrete group of employees covered by the agreement for the purposes of the no-disadvantage test.
  1. [6]
    In respect to the Office of Governor employees covered by Appendix 11 of the agreement, the State proposes the Queensland Public Service Officers and Other Employees Award – State 2015 as the award which regulates employment conditions of the relevant employees engaged in a similar kind of work as the persons under the agreement. The State submits that it is the appropriate award for deciding if the agreement passes the no-disadvantage test.
  1. [7]
    Mr Thomas, of the Together Union, supports the State's proposal.
  1. [8]
    Accordingly, the application for a decision about designation pursuant to s 213 of the Act is granted in the terms applied for.  Pursuant to subsection (3) of s 213 and in respect to the Office of Governor employees covered by Appendix 11 of the agreement, the Queensland Public Service Officers and Other Employees Award – State 2015 is the award which regulates employment conditions of employees engaged in a similar kind of work as the persons under the agreement, and to which these employees have their wages aligned to already (operational stream and administrative stream). I am also satisfied that the award proposed is appropriate for the purposes of deciding whether the State Government Entities Certified Agreement 2019 passes the no-disadvantage test. 

Order

1.  The application is granted

Close

Editorial Notes

  • Published Case Name:

    Re: Application for decision about designated award

  • Shortened Case Name:

    Re: Application for decision about designated award

  • MNC:

    [2020] QIRC 92

  • Court:

    QIRC

  • Judge(s):

    Member O'Connor VP

  • Date:

    16 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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