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CITE

Unreported Judgment

Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2)[2015] QIRC 36Linnane and O'Connor and Neate
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Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2)[2015] QIRC 36

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2) [2015] QIRC 036
PARTIES:	Local Government Association of Queensland Ltd Queensland Services, Industrial Union of Employees The Australian Workers' Union of Employees, Queensland Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland The Electrical Trades Union of Employees, Queensland Plumbers & Gasfitters Employees' Union Queensland, Union of Employees Transport Workers' Union of Australia, Union of Employees (Queensland Branch) Queensland Nurses' Union of Employees The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Queensland Independent Education Union of Employees United Voice, Industrial Union of Employees, Queensland Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland
CASE NOS:	MA/2014/3, MA/2014/13,MA/2014/30,MA/2014/43,MA/2014/51,MA/2014/77,MA/2014/115,MA/2014/118,MA/2014/121, MA/2014/124, MA/2014/129	MA/2014/5, MA/2014/18, MA/2014/39, MA/2014/49, MA/2014/52, MA/2014/79, MA/2014/116, MA/2014/119, MA/2014/122, MA/2014/125,	MA/2014/6, MA/2014/28, MA/2014/40, MA/2014/50, MA/2014/64, MA/2014/114, MA/2014/117, MA/2014/120, MA/2014/123, MA/2014/127,
PROCEEDING:	Making of a Modern Award
DELIVERED ON:	4 March 2015
MEMBERS:	Vice President Linnane Deputy President O'Connor Industrial Commissioner Neate
ORDERS: CATCHWORD	Any party wishing to address the Full Bench on the issue of the harmonisation of the classification structure for employees classified in the Indigenous Councils' group and the Clerical group of the Queensland Local Government Industry Award - State 2014 file and serve written submissions by 27 March 2015. That the matter be heard before Full Bench on 31 March 2015. INDUSTRIAL LAW - MAKING OF A MODERN AWARD - Harmonisation of certain classification structures and wage levels in Indigeneous Councils by 1 January 2017 - Proposal by Award Modernisation Team.

DECISION

[1]
At paragraph [147] of our Decision^[1] in connection with the making of the Queensland Local Government Industry Award - State 2014 (the Award), delivered on 26 September 2014, we directed the Award Modernisation (AMOD) Team "to review the classifications of employees in the Administrative, technical, community service, supervisory and managerial (Indigenous Councils) group and to prepare a proposal before 30 November 2014 to ensure that such harmonisation of wage levels will be achieved by two years after the modern award commences to operate."

[2]
By way of Memorandum to this Full Bench dated 28 November 2014, Deputy President Bloomfield, as head of the AMOD Team, referred to that direction and informed us, inter alia:

"Since the direction was issued, two members of the AMOD Team and I have each carefully considered the wages structure and position descriptions for the Indigenous Councils group, as well as the Clerical group, of the Modern Award with the intention of developing a proposal to 'translate' the Indigenous Councils' classification structure (as well as the Clerical classification structure) into that which applies to non-Indigenous Councils.

In the end result we have come to the conclusion that it is not possible to directly translate the Indigenous Councils' classification and wages structure into that applying to the non-Indigenous Councils. This is because there are simply too many differences between the respective classification structures to develop a translation arrangement which would guarantee that employees of the Indigenous Councils are properly and appropriately translated into the non-Indigenous Councils' classification structure.

…

… in order to achieve an outcome whereby identical wage rates apply to equivalently qualified/classified employees in both Indigenous and non-Indigenous Councils from
1 January 2017 it will be necessary to include provisions in the Modern Award to the effect that the Indigenous Councils' transitional classification and wages structure in Schedule 1, as well as the Clerical transitional classification and wages structure in that Schedule, will cease to apply as at 31 December 2016. Comparable provisions will also need to be included removing the Definitions and Position Descriptors in Schedule 3 relating to the Indigenous Councils group and the Clerical group from the same date. Retention of these provisions until 31 December 2016 is necessary in order to provide enforceable minimum award provisions until full harmonisation is complete.

In its simplest form, the award variation necessary to implement the Full Bench's objective of 'full harmonisation' by 31 December 2016 is to issue an Order varying the Modern Award to the effect that:

clauses S1.1 and S1.5 of Schedule 1; and
clauses S3.1 and S3.5 of Schedule 3; and
the first and fifth dot points in clause 12.1(a)(i),

will cease to apply as at midnight on 31 December 2016."

[3]
Having carefully considered Deputy President Bloomfield's advice, our provisional view is that we adopt that advice subject to the following:

(a)
Each Indigenous Council covered by the Award is, before 30 June 2015, to:

(i)
conduct a "desk-audit" for each employee covered by the Administrative, technical, community service, supervisory and managerial (Indigenous Councils) group (the Indigenous Councils group) and the Clerical group of the General stream of the Award in order to establish the present classification and pay point level of each such employee as if they were classified under the Administrative, technical, community service, supervisory and managerial (Other than Indigenous Councils) group (the non-Indigenous Councils group) of the General stream; and

(ii)
advise each such employee of the classification and pay level which would apply to such employee, as at the date of the advice, if they were classified under the non-Indigenous Councils group of the General stream of the Award instead of the Indigenous Councils group; and

(iii)
advise each such employee of their Council's proposed classification, pay point level and wage rate as at 1 January 2017 as if they were classified under the non-Indigenous Councils group of the General stream of the Award as at that date. For this purpose:

progression to the Council's proposed classification and wage level from 1 January 2017 may depend on satisfactory performance or other factors such as there being no change in the employee's duties and/or responsibilities; and

the wage levels presently recorded in the Award to apply from 1 October 2016 (see clause S1.2(ii) of Schedule 1 of the Award) are based upon current award rates and are likely to increase via State Wage Case decisions in, or around, September 2015 and September 2016;

(iv)
advise each such employee how the Council proposes to adjust the employee's wage levels, where this is necessary, in order that the employee is to receive a wage rate not less than that determined under paragraph (iii) above from
1 January 2017.

(b)
Any dispute between an employee and their employer in connection with any of the elements mentioned in paragraph (a)(i) to (iv) above is to be dealt with in accordance with clause 8.2 of the Award - Procedure for resolution of individual disputes.

(c)
A number of consequential variations to the Award (in addition to the overarching variations mentioned by Deputy President Bloomfield above) will also need to be made to give full effect to any decision to remove reference to the Indigenous Councils group and the Clerical group from the General stream in the Award. Examples include:

delete clause 12.10 of the Award - Performing work for more than one employer;

vary clauses 12.11 and 12.12 of the Award to remove reference to the Indigenous Councils' group and the Clerical group, respectively;

delete clause 15.1(a)(i) of the Award and re-number the balance of the clause;

delete all reference to "Indigenous Councils group", "Clerical group" and "other than Indigenous Councils group" wherever they appear in the Award.

(d)
Before any decision is made by this Full Bench to confirm the steps and actions set out above, all parties to the Award are to be given the opportunity to address us about any objections or other concerns they may have about the course of action contemplated in paragraph [3] hereof.

[4]
The Full Bench has not made a decision about how to proceed with the process of harmonising the classification structure for employees classified in the Indigenous Councils group. We will give those parties wishing to address us on the issue of harmonisation of classifications and wage levels for the Indigenous Councils group and the Clerical group an opportunity to file written submissions on the matter before the Full Bench makes its determination.

[5]
In that regard we make the following directions:

(i)
That any party wishing to address the Full Bench on the issue of the harmonisation of the classification structure for employees classified in the Indigenous Councils group and the Clerical group of the Queensland Local Government Industry Award - State 2014 file in the Industrial Registry and serve on the other parties a written submission by 4.00 pm on 27 March 2015;

(ii)
That the matter be heard by the Full Bench, Vice President Linnane, Deputy President O'Connor and Commissioner Neate, at the Queensland Industrial Relations Commission, Central Plaza 2, 66 Eagle Street (Cnr Elizabeth and Creek Streets), Brisbane on 31 March 2015 at Sittings commencing at 10.00 am.

Footnotes

[1] Re: Making of a modern award - Queensland Local Government Industry Award - State 2014 [2014] QIRC 149.

Editorial Notes

Published Case Name:
Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2)
Shortened Case Name:
Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2)
MNC:
[2015] QIRC 36
Court:
QIRC
Judge(s):
Linnane, O'Connor, Neate
Date:
04 Mar 2015

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Cases Cited List of Cases Cited by this judgment

Case Name	Full Citation	Frequency
Re: Making of a modern award - Queensland Local Government Industry Award - State 2014	[2014] QIRC 149	1 citation Jump To Cite 1 - [2014] QIRC 149

Cases Citing List of cases on Queensland Judgments citing this Judgment

Case Name	Full Citation	Frequency
Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 3)	[2015] QIRC 105	2 citations

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Re: Making of a Modern Award - Queensland Local Government Industry Award - State 2014 (No. 2)[2015] QIRC 36