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Re: In the matter of the making of Modern Awards - Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016[2016] QIRC 53

Re: In the matter of the making of Modern Awards - Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016[2016] QIRC 53

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: In the matter of the making of Modern Awards -  Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 [2016] QIRC 053

PARTIES:

State of Queensland (Office of Industrial Relations)

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

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

Plumbers and Gasfitters Employees' Union Queensland, Union of Employees

The Australian Workers' Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

Together Queensland, Industrial Union of Employees

CASE NO:

MAP/2016/1

PROCEEDING:

Making of a modern award

DELIVERED ON:

16 May 2016

HEARING DATE:

26 April 2016

HEARD AT:

Brisbane

MEMBER:

ORDERS:

Deputy President O'Connor

Deputy President Swan

Industrial Commissioner Thompson

  1. That the Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 26 May 2016, subject to the provisions of section 824 of the Act.
  1. that the Building Trades Public Sector Award - State 2012, the Employees of Queensland Government Departments (Other than Public Servants) Award - State 2012 and the Engineering Award - State 2012 be repealed on and from 26 April 2016, subject to the provisions of section 824 of the Act.

CATCHWORDS:

INDUSTRIAL LAW - AWARD MODERNISATION - MAKING OF A MODERN AWARD - Section 140C(1) of the Industrial Relations Act 1999 - request from the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships - Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 Modern Award made.

CASES:

APPEARANCES:

Industrial Relations Act 1999, Chapter 5, Part 8, Division 2,  ss 140BB, 140C(1), 140CE(1)(a), 824

Ms T. Armstrong, Public Sector Industrial Relations (OIR).

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

Ms K. Inglis for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and the Electrical Trades Union of Employees Queensland.

Ms S. Fogarty for the Plumbers and Gasfitters Employees' Union Queensland, Union of Employees.

Mr B. Watson for the Australian Workers' Union of Employees, Queensland.

Mr R. Rule for Together Queensland.

Reasons for Decision

  1. [1]
    The Queensland Industrial Relations Commission ("the Commission") recommenced the award modernisation process following the passing of amendments to the Industrial Relations Act 1999 ("the Act") and the issuing of a variation to the existing Ministerial Request ("the Consolidated Request") on 17 July 2015.
  1. [2]
    Section 140BB of the Act sets out the Commission's Award Modernisation functions, as follows:

"140BB Commission's award modernisation function

  1. (1)
    The functions of the commission include carrying out a process (award modernisation process) to reform and modernise pre-modernisation awards.
  1. (2)
    In performing its functions under this part, the commission must have regard to the following factors -
  1. (a)
    promoting the creation of jobs, high levels of productivity, low inflation, high levels of employment and labour force participation, national and international competitiveness, the development of skills and a fair labour market;
  1. (b)
    the need to help prevent and eliminate discrimination in employment;
  1. (c)
    protecting the position in the labour market of young people, employees engaged as apprentices or trainees and employees with a disability;
  1. (d)
    the needs of low-paid employees;
  1. (e)
    the need to promote the principle of equal remuneration for work of equal value;
  1. (f)
    the need to help employees balance their work and family responsibilities effectively and to improve retention and participation of employees in the workforce;
  1. (g)
    the safety, health and welfare of employees;
  1. (h)
    the Queensland minimum wage;
  1. (i)
    the desirability of reducing the number of awards operating under this Act; and
  1. (j)
    the representation rights of organisations and associations under this Act.
  1. (3)
    This section does not limit section 140D."
  1. [3]
    In accordance with Chapter 5, Part 8, Division 2 of the Act (i.e. the Award Modernisation process provisions of the Act) and the Consolidated Request under s 140C(1) of the Act by the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships, the Minister responsible for the Industrial Relations portfolio ("the Minister"), the Award Modernisation Team of the Commission prepared an Exposure Draft of a proposed Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 ("the Proposed Award").
  1. [4]
    On 6 April 2016, Deputy President Bloomfield referred a version of the Proposed Award to Deputy President O'Connor for the consideration of the Full Bench.  This version of the Proposed Award had the consent of the parties, save for additional proposed wording in relation to clause 13.43.  The proposed wording was provided to the parties for their consideration by the AMOD Team at the time of the referral of the Proposed Award to Deputy President O'Connor.  On 8 April 2016, the Proposed Award was referred to this Full Bench and listed for hearing on 26 April 2016.  On 22 April 2016, the Commission received correspondence indicating agreement to the proposed wording and this wording was provided to the Full Bench.
  1. [5]
    The matter was heard on 26 April 2016 and parties confirmed their consent position on the Proposed Award which included the additional wording.
  1. [6]
    The Full Bench, after considering the Proposed Award, and being satisfied that the Proposed Award complies with the requirements of the Act in relation to modern awards; is consistent with the statutory objects of the award modernisation process; and meets the requirements of the Minister's Consolidated Request, is of the view that the Proposed Award ought to be made in the terms of the award attached to these reasons and operate on and from 26 April 2016.
  1. [7]
    Accordingly, the Full Bench makes the following orders:
  1. That the Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 26 April 2016, subject to the provisions of section 824 of the Act.
  1. that the Building Trades Public Sector Award - State 2012, the Employees of Queensland Government Departments (Other than Public Servants) Award - State 2012 and the Engineering Award - State 2012 be repealed on and from 26 April 2016, subject to the provisions of section 824 of the Act.
Close

Editorial Notes

  • Published Case Name:

    Re: In the matter of the making of Modern Awards - Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016

  • Shortened Case Name:

    Re: In the matter of the making of Modern Awards - Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016

  • MNC:

    [2016] QIRC 53

  • Court:

    QIRC

  • Judge(s):

    Deputy President O'Connor, Deputy President Swan, Thompson IC

  • Date:

    16 May 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Re: Applications to vary the Building, Engineering and Maintenance Services Employees (Queensland Government) Award - State 2016 [2024] QIRC 642 citations
1

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