Re: In the matter of the making of Modern Awards - Queensland Parliamentary Service Award - State 2015 [2016] QIRC 15 (11 December 2015)

Last Updated: 4 February 2016

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re: In the matter of the making of Modern Awards - Queensland Parliamentary Service Award - State 2015 [2016] QIRC 15
PARTIES:	Queensland Parliamentary Service Together Queensland, Industrial Union of Employees United Voice, Industrial Union of Employees, Queensland
CASE NO:	MAP/2015/16
PROCEEDING:	Making of a modern award
DELIVERED ON:	11 December 2015
HEARING DATE:	11 December 2015
HEARD AT:	Brisbane
MEMBER: ORDERS:	Deputy President O'Connor Deputy President Kaufman Industrial Commissioner Neate That the Queensland Parliamentary Service Award - State 2015 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 11 December 2015, subject to the provisions of section 824 of the Act. That the Queensland Parliamentary Service Award - State 2014 be repealed on and from 11 December 2015, subject to the provisions of section 824 of the Act.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 - Queensland Parliamentary Services Award - State 2015 - Modern Award made.
CASES: APPEARANCES:	Industrial Relations Act 1999, Chapter 5, Part 8, Division 2, ss 140BB, 140C(1), 140CE(1)(a), 824 Mr P. Morris for the Queensland Parliamentary Service Mr R. Rule for Together Queensland, Industrial Union of Employees Mr S. Ong for United Voice, Industrial Union of Employees, Queensland

Reasons for Decision

[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.

[2] Section 140BB of the Act sets out the Commission's Award Modernisation functions, as follows:

"140BB Commission's award modernisation function

(1) The functions of the commission include carrying out a process (award modernisation process) to reform and modernise pre-modernisation awards.

(2) In performing its functions under this part, the commission must have regard to the following factors -

(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;

(b) the need to help prevent and eliminate discrimination in employment;

(c) protecting the position in the labour market of young people, employees engaged as apprentices or trainees and employees with a disability;

(d) the needs of low-paid employees;

(e) the need to promote the principle of equal remuneration for work of equal value;

(f) the need to help employees balance their work and family responsibilities effectively and to improve retention and participation of employees in the workforce;

(g) the safety, health and welfare of employees;

(h) the Queensland minimum wage;

(i) the desirability of reducing the number of awards operating under this Act; and

(j) the representation rights of organisations and associations under this Act.

(3) This section does not limit section 140D."

[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 Queensland Parliamentary Services Award - State 2015 ("the Proposed Award").

[4] On 30 November 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.

[5] On 30 November 2015, the Proposed Award was referred to this Full Bench for hearing and the matter was listed and heard on 11 December 2015.

[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 11 December 2015.

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

1. That the Queensland Parliamentary Service Award - State 2015 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 11 December 2015, subject to the provisions of section 824 of the Act.

2. That the Queensland Parliamentary Service Award - State 2014 be repealed on and from 11 December 2015, subject to the provisions of section 824 of the Act.