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Re: variation of the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015

[2020] QIRC 141

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re: variation of the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015 [2020] QIRC 141
PARTIES:	State of Queensland (Office of Industrial Relations) (Applicant) v Together Queensland, Industrial Union of Employees (First Respondent) & The Australian Workers' Union of Employees, Queensland (SecondRespondent) & United Voice, Industrial Union of Employees, Queensland (Third Respondent) & Queensland Nurses and Midwives' Union of Employees (FourRespondent)
CASE NO:	MA/2020/6
PROCEEDING:	Application
DELIVERED ON:	2 September 2020
HEARING DATE:	On the Papers
MEMBER: HEARD AT:	Knight IC Brisbane
ORDER:	Application granted. Full Orders as per final pages of decision.
CATCHWORDS:	INDUSTRIAL LAW – VARIATION OF A MODERN AWARD – application to vary a modern award.
LEGISLATION:	Industrial Relations Act 2016 (Qld) s 147

Reasons for Decision

[1]
The State of Queensland (Office of Industrial Relations) has filed an application pursuant to s 147 of the Industrial Relations Act 2016 ("the Act") to vary the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015 ("the Award"). The application is made with the consent of Together Queensland, Industrial Union of Employees and United Voice, Industrial Union of Employees, Queensland. The remaining union parties have raised no objections to the proposed variation.

[2]
The proposed variation is purposed to remove hours-based barriers to increment progression in relation to part-time employees to whom the Award applies.

[3]
Clause 12.9 of the Award applies a requirement for a part-time employee in all classifications, excluding HP8 where movements are not incremental, to work 1200 hours prior to moving to the next increment within a classification level.

[4]
The Award covers approximately 4280 part-time employees (as at June 2019) who are subject to the provision applying an hours-based barrier to increment progression.

[5]
In her affidavit of 12 August 2020, Ms Tara Armstrong, Director of Industrial Relations (Public Sector), deposes that female employees are disproportionately engaged on a part-time basis across the public service generally. This, she says, is a factor contributing to the gender pay gap – something the proposed variation is intended and projected to ameliorate.

[6]
I grant the application and make the necessary orders to vary the Award.

Orders

Pursuant to s 147 of the Act, the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015 is varied as follows:

By deleting clause 8.2(f) and inserting the following in lieu thereof:

(f) Part-time employees are eligible for payment of salary increments in accordance with the provisions of clause 12.9(a)(i).

By deleting clause 8.3(h) and inserting the following in lieu thereof:

(h) Casual employees are eligible for payment of salary increments in accordance with the provisions of clause 12.9(a)(ii).

By deleting clause 12.9(a) and inserting the following in lieu thereof:

(a) Except in the case of an employee who is paid the prescribed base salary on attaining the age of 21 years or in the case of a promotion, or transfer and promotion from one classification level to another, an increase is not to be made to the salary of any employee until:

(i) in the case of a full-time or a part-time employee, the employee has received a salary at a particular classification and paypoint for a period of 12 months;

(ii) in the case of a casual employee with 12 months' continuous service with the same employer:

(A) the employee has received a salary at a particular classification and paypoint for a period of at least 12 months; and

(B) the employee has worked 1,200 ordinary hours in such classification.

For the purpose of clause 12.9(a)(ii), continuous service for a casual employee is considered to be broken if more than 3 months, excluding any public holidays, has elapsed between the end of one employment contract and the start of the next employment contract.

4. The variations of the Award will operate on and from 2 September 2020.

Editorial Notes

Published Case Name:
Re: variation of the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015
Shortened Case Name:
Re: variation of the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015
MNC:
[2020] QIRC 141
Court:
QIRC
Judge(s):
Member Knight IC
Date:
02 Sep 2020

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Re: variation of the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015

[2020] QIRC 141

Editorial Notes

Appeal Status

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