Re: variation of the TAFE Queensland Award – State 2016
[2020] QIRC 152
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- Unreported Judgment
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re: variation of the TAFE Queensland Award – State 2016 [2020] QIRC 152 |
PARTIES: | State of Queensland (Office of Industrial Relations)(Applicant) v Together Queensland, Industrial Union of Employees(First Respondent) & United Voice, Industrial Union of Employees, Queensland(Second Respondent) & Queensland Nurses and Midwives' Union of Employees(Third Respondent) & Queensland Teachers Union of Employees(Fourth Respondent) & Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland(Fifth Respondent) & AMWU Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland& The Electrical Trades Union of Employees Queensland(Seventh Respondent) |
CASE NO: | MA/2020/17 |
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 TAFE Queensland Award – State 2016 ("the Award").
- [2]The following union parties have consented to the proposed variation:
- The Electrical Trades Union of Employees, Queensland;
- Together Queensland, Industrial Union of Employees; and
- United Voice, Industrial Union of Employees, Queensland.
- [3]The remaining union parties have raised no objections.
- [4]The proposed variation is purposed to remove hours-based barriers to increment progression in relation to part-time employees to whom the Award applies.
- [5]Clause 12.12 of the Award applies a requirement for part-time employees in the administrative, operational, technical, professional and cleaner streams to work 1200 hours prior to moving to the next increment within a classification level.
- [6]The Award covers approximately 333 part-time employees (as at June 2019) who are subject to the provision applying an hours-based barrier to increment progression.
- [7]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.
- [8]I grant the application and make the necessary orders to vary the Award.
Orders
Pursuant to s 147 of the Act, the TAFE Queensland Award – State 2016 is varied as follows:
- By deleting clause 8.2(g) and inserting the following in lieu thereof:
(g) Part-time Educators are eligible for progression from one step to the next highest step in accordance with the provisions of clause 12.11.
- By deleting clause 8.2(h) and inserting the following in lieu thereof:
(h) Part-time TAFE Services employees are eligible for payment of salary increments in accordance with the provisions of clause 12.12(a)(i).
- By deleting clause 8.3(g) and inserting the following in lieu thereof:
(g) Casual TAFE Services employees are eligible for payment of salary increments in accordance with the provisions of clause 12.12(a)(ii).
- By deleting clause 12.12(a) and inserting the following in lieu thereof:
(a) Except in the case of a TAFE Services 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 the employee until:
(i) In the case of a full-time or a part-time TAFE Services employee, the employee has received a salary at a particular classification level and paypoint for a period of 12 months.
(ii) In the case of a casual TAFE Services employee with 12 months' continuous service with TAFE Queensland:
(A) the employee has received a salary at a particular classification level and paypoint for a period of at least 12 months; and
(B) the employee has worked 1,200 ordinary hours in such classification level.
For the purpose of clause 12.12(a)(ii), continuous service for a casual TAFE Services 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.
5. The variation of the Award will operate on and from 2 September 2020.