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Queensland Judgments
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  • Unreported Judgment

Re: variation of the Legal Aid Queensland Employees Award – State 2015

 

[2020] QIRC 145

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:

  1. Application granted. Full Orders as per final page 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. [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.

  1. [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.

  1. [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.

  1. [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.

  1. [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.

  1. [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:

  1. 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.

Close

Editorial Notes

  • Published Case Name:

    Re: variation of the Legal Aid Queensland Employees Award – State 2015

  • Shortened Case Name:

    Re: variation of the Legal Aid Queensland Employees Award – State 2015

  • MNC:

    [2020] QIRC 145

  • Court:

    QIRC

  • Judge(s):

    Member Knight IC

  • Date:

    02 Sep 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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