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Re an Application to vary the TAFE Queensland Award - State 2016[2016] QIRC 135

Re an Application to vary the TAFE Queensland Award - State 2016[2016] QIRC 135

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: In the matter of an Application to vary the TAFE Queensland Award - State 2016 QIRC 135

PARTIES:

TAFE Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Construction, Forestry, Mining and Engineering, Industrial Union of Employees, Queensland

Queensland Nurses' Union of Employees

Queensland Teachers' Union of Employees

The Electrical Trades Union of Employees, Queensland

Together Queensland, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

CASE NO:

MA/2016/33

PROCEEDING:

Variation of a modern award

DELIVERED ON:

5 December 2016

HEARING DATE:

5 December 2016

HEARD AT:

Brisbane

MEMBERS:

ORDERS:

Deputy President O'Connor

Deputy President Swan

Industrial Commissioner Thompson

  1. The TAFE Queensland Award - State 2016 be varied in the terms set out in the attached Determination; and
  1. The Determination operate on and from 5 December 2016.

CATCHWORDS:

INDUSTRIAL LAW - AWARD MODERNISATION - VARIATION OF A MODERN AWARD - Application for Determination varying a modern award - Section 140GA(2) and 140GC(2) of the Industrial Relations Act 1999 - TAFE Queensland Award - State 2016 varied.

LEGISLATION:

APPEARANCES:

Industrial Relations Act 1999, Chapter 5A, Part 3, Division 2,  ss 140GA(2), 140GC(2).

Ms J. Page for TAFE Queensland.

Mr A. Borg for Construction, Forestry, Mining and Engineering, Industrial Union of Employees, Queensland.

Ms K. Badke for the Queensland Nurses' Union of Employees.

Ms T. Edmonds for Queensland Teachers' Union of Employees.

Ms K. Inglis for The Electrical Trades Union of Employees, Queensland.

Mr J. Marks for United Voice, Industrial Union of Employees, Queensland.

Reasons for Decision

  1. [1]
    An Application to vary the TAFE Queensland Award - State 2016 (the Award) by the making of a Determination varying the Award in accordance with sections 140GA(2)(a) and 140GC(2)(b)(i) of the Industrial Relations Act 1999 (the Act) has been initiated by Deputy President Bloomfield, as head of the Commission's Award Modernisation Project, for the following purposes:
  1. (i)
    to create a minimum safety net of employment conditions, in keeping with the modern award objectives at section 140D of the Act, that is fair and relevant in accordance with sections 140G(2)(a) and 140D of the Act; and
  1. (ii)
    to remove ambiguity and uncertainty and/or correct an error, in accordance with section 140GC(1) of the Act.
  1. [2]
    The Application for the making of a Determination to vary the Modern Award is supported by TAFE Queensland, the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, the Construction, Forestry, Mining and Engineering, Industrial Union of Employees, Queensland, the Queensland Nurses' Union of Employees, the Queensland Teachers' Union of Employees, The Electrical Trades Union of Employees, Queensland, Together Queensland, Industrial Union of Employees and United Voice, Industrial Union of Employees, Queensland.
  1. [3]
    The making of the Determination to vary the Award is supported by all of the relevant parties.
  1. [4]
    In the circumstances, the Full Bench is satisfied that it is appropriate for the Application for the making of the Determination to be approved.
  1. [5]
    The Determination varying the Award will operate on and from 5 December 2016.
  1. [6]
    The Commission issues the following Orders:
  1. the TAFE Queensland Award - State 2016 be varied in the terms set out in the attached Determination; and
  1. the Determination operate on and from 5 December 2016.
Close

Editorial Notes

  • Published Case Name:

    In the matter of an Application to vary the TAFE Queensland Award - State 2016

  • Shortened Case Name:

    Re an Application to vary the TAFE Queensland Award - State 2016

  • MNC:

    [2016] QIRC 135

  • Court:

    QIRC

  • Judge(s):

    O'Connor DP, Swan DP, Thompson IC

  • Date:

    05 Dec 2016

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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