Re: variation of the Legal Aid Queensland Employees Award – State 2015
[2020] QIRC 145
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- Unreported Judgment
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION:
|
Re: variation of the Legal Aid Queensland Employees Award – State 2015 [2020] QIRC 145
|
PARTIES:
| State of Queensland (Office of Industrial Relations) (Applicant)
v
Together Queensland, Industrial Union of Employees (First Respondent)
&
Queensland Services, Industrial Union of Employees (Second Respondent)
|
CASE NO:
| MA/2020/10
|
PROCEEDING: | Application
|
DELIVERED ON:
| 2 September 2020
|
HEARING DATE:
| On the Papers
|
MEMBER:
HEARD AT: | Knight IC
Brisbane
|
ORDER:
|
|
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 Legal Aid Queensland Employees Award – State 2015 ("the Award"). The application is made with the consent of Together Queensland, Industrial Union of Employees, whereas Queensland Services, Industrial Union of Employees raised no objections.
- [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 to work the equivalent of 12 months' full-time service prior to moving to the next increment within a classification level.
- [4]The Award covers approximately 162 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 Legal Aid Queensland Employees Award – State 2015 is varied as follows:
- 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 basic salary on attaining the age of 21 years or in the case of a promotion from one classification level to another, an increase is not to be made to the salary of:
(i) In the case of a full-time or a part-time employee, until 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, until the employee has received a salary at a particular classification and paypoint for the equivalent of 12 months' full-time service.
2. The variation of the Award will operate on and from 2 September 2020.