Re an Application to vary the Teaching in State Education Award - State 2016
[2016] QIRC 136
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- Unreported Judgment
Re an Application to vary the Teaching in State Education Award - State 2016[2016] QIRC 136
Re an Application to vary the Teaching in State Education Award - State 2016[2016] QIRC 136
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Re: In the matter of an Application to vary the Teaching in State Education Award - State 2016 QIRC 136 |
PARTIES: | Department of Education and Training Queensland Teachers' Union of Employees Together Queensland, Industrial Union of Employees |
CASE NO: | MA/2016/21 |
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
|
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 - Teaching in State Education Award - State 2016 varied. |
LEGISLATION: APPEARANCES: | Industrial Relations Act 1999, Chapter 5A, Part 3, Division 2, ss 140GA(2), 140GC(2). Ms M. Creighton for Department of Education and Training. Ms T. Edmonds for Queensland Teachers' Union of Employees. |
Reasons for Decision
- [1]An Application to vary the Teaching in State Education 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:
- (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
- (ii)to remove ambiguity and uncertainty and/or correct an error, in accordance with section 140GC(1) of the Act.
- [2]The Application for the making of a Determination to vary the Modern Award is supported by the Department of Education and Training, Queensland Teachers' Union of Employees and Together Queensland, Industrial Union of Employees.
- [3]The making of the Determination to vary the Award is supported by all of the relevant parties.
- [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.
- [5]The Determination varying the Award will operate on and from 5 December 2016.
- [6]The Commission issues the following Orders:
- the Teaching in State Education Award - State 2016 be varied in the terms set out in the attached Determination; and
- the Determination operate on and from 5 December 2016.