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  4. Re Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015 - [2016] QIRC 9

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Re Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015[2016] QIRC 9

Re Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015[2016] QIRC 9

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015 [2016] QIRC 009

PARTIES:

State of Queensland (Department of Health)

Australian Workers' Union of Employees, Queensland

Queensland Nurses' Union of Employees

CASE NO:

MAP/2015/6

PROCEEDING:

Making of a modern award

DELIVERED ON:

21 January 2016

HEARING DATE:

3 November 2015

MEMBERS:

Deputy President O'Connor

Deputy President Kaufman

Industrial Commissioner Neate

ORDERS:

  1. That the Nurses and Midwives (Queensland Health) Award - State 2015 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 30 November 2015, subject to the provisions of section 824 of the Act;
  1. That the Queensland Health Nurses and Midwives Award - State 2012 be repealed on and from 30 November 2015, subject to the provisions of section 824 of the Act.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 - Nurses and Midwives (Queensland Health) Award - State 2015 - Modern Award made.

CASES:

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

APPEARANCES:

Ms S. Durham and Ms J Gardener for the State of Queensland (Department of Health)

Ms L. Booth for the Queensland Nurses' Union of Employees

Mr B. Watson for the Australian Workers' Union of Employees, 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"), the Award Modernisation Team ("AMOD Team") of the Commission prepared an Exposure Draft of a proposed Nurses and Midwives (Queensland Health) Award – State 2015 ("the Proposed Award").
  1. [4]
    Clause 6(g) of the consolidated request identified the Queensland Health Nurses and Midwives Award - State 2012 as a priority award for modernisation.
  1. [5]
    The State of Queensland (Queensland Health) provided a draft Proposed Award to the AMOD Team on 17 August 2015.  The draft Proposed Award was presented as a consent position between the Employer (the State of Queensland) and industrial parties.
  1. [6]
    On 23 October 2015, Deputy President Bloomfield referred a finalised version of the consent Proposed Award to Deputy President O'Connor for the consideration of the Full Bench.
  1. [7]
    On 26 October 2015, the Proposed Award was referred to this Full Bench for hearing and the matter was listed and heard on 3 November 2015.
  1. [8]
    Subsequent to the Full Bench hearing, a number of settlement conferences were convened by Deputy President Bloomfield with a view to preparing a final draft award.
  1. [9]
    On 30 November 2015, Deputy President Bloomfield forwarded to the Full Bench the final version of the Proposed Award representing a consent position between the parties. 

[10] The Full Bench, after considering the final draft 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 30 November 2015.

[11] Accordingly, the Full Bench makes the following orders:

  1. That the Nurses and Midwives (Queensland Health) Award - State 2015 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 30 November 2015, subject to the provisions of section 824 of the Act;
  1. That the Queensland Health Nurses and Midwives Award - State 2012 be repealed on and from 30 November 2015, subject to the provisions of section 824 of the Act. 
Close

Editorial Notes

  • Published Case Name:

    Re: Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015

  • Shortened Case Name:

    Re Making of a modern award - Nurses and Midwives (Queensland Health) Award - State 2015

  • MNC:

    [2016] QIRC 9

  • Court:

    QIRC

  • Judge(s):

    O'Connor DP, Kaufman DP, Neate IC

  • Date:

    21 Jan 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: Application to include provisions, based on a certified agreement, in the Nurses and Midwives (Queensland Health) Award - State 2015 [2022] QIRC 102 citations
1

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