Application for Declaration of General Ruling (State Wage Case 2015) - [2015] QIRC 154

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Application for Declaration of General Ruling (State Wage Case 2015) [2015] QIRC 154
PARTIES:	Queensland Council of Unions The Australian Workers' Union of Employees, Queensland (Applicants) and The State of Queensland Local Government Association of Queensland Ltd (Respondents)
CASE NOS:	B/2015/15 B/2015/16
PROCEEDING:	Application for Declaration of General Ruling
DELIVERED ON:	20 August 2015
HEARING DATE: HEARD AT:	29 July 2015 Brisbane
MEMBERS:	Deputy President O'Connor Deputy President Bloomfield Deputy President Kaufman
CASES:	Annual Wage Review 2014–15 - decision [2015] FWCFB 3500. Application for Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 129. Queensland Council of Unions AND The Crown and Ors (State Wage Case 2006) (B/2005/1197).
APPEARANCES:	Mr J. Martin, on behalf of the Queensland Council of Unions for the Applicant. Mr B. Watson, on behalf of The Australian Workers' Union of Employees, Queensland for the Applicant. Mr A. James, on behalf of the, State of Queensland.. Mr N. Braid, on behalf of the Local Government Association of Queensland Ltd.

Reasons for Decision

The Queensland Council of Unions (QCU) lodged an application on 3 June 2015 seeking a general ruling pursuant to s 287 of the Industrial Relations Act 1999 (Act) in regard to wage and allowance adjustments for award employees as well as a statement of policy pursuant to s 288 of the Act. We observe that s 288 of the Act was repealed on 1 December 2013 with the result that the Commission is not empowered to make statements of policy.
The QCU's application was for:
(i)      a $19.20 wage adjustment for workers employed at award classification rates equivalent to or below the Engineering Award - State 2012 C10 classification;
(ii)      a 2.5% wage adjustment for workers employed at award classification rates above the Engineering Award - State 2012 C10 classification;
(iii)     an increase in existing award allowances which relate to work or conditions which have not changed [and] service increments by 2.5%;
(iv)     an increase in the Queensland Minimum Wage as it applies to all employees by $19.20; and
(v)     an operative date of 1 September 2015.

On 9 June 2015 The Australian Workers' Union of Employees, Queensland (AWUQ) filed a similar application seeking:
(i)      a $27.00 wage adjustment for workers employed at award classification rates equivalent to or below the Engineering Award - State 2012 C10 classification;
(ii)      a 3.6% wage adjustment for workers employed at award classification rates above the Engineering Award - State 2012 C10 classification;
(iii)     an increase in existing award allowances which relate to work or conditions which have not changed [and] service increments by 3.6%;
(iv)     an increase in the Queensland Minimum Wage as it applies to all employees by $27.00; and
(v)     an operative date of 1 September 2015.

Submissions were received from the following:
·      QCU on 26 June 2015;
·      AWU on 26 June 2015;
·      State of Queensland on 20 July 2015;
·      Local Government Association of Queensland Ltd (LGAQ) on 20 July 2015;
·      QCU submissions…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] QIRC 154
Decision Date: 20 August 2015

CaseChat Overview and Summary

The Queensland Council of Unions (QCU) and the Australian Workers' Union of Employees, Queensland (AWUQ) applied for a general ruling concerning wage and allowance adjustments for award employees in Queensland. The applicants sought wage increases and adjustments to allowances and minimum wage. The State of Queensland and the Local Government Association of Queensland Ltd (LGAQ) opposed the applications. The main legal issues were whether to award a flat rate increase or a percentage increase and whether to follow the Fair Work Commission's decision in the 2014-2015 Annual Wage Review. The Commission decided to award a flat rate increase for employees below the C10 classification and a percentage increase for employees at or above the C10 classification. They followed the Fair Work Commission's decision, considering the Queensland economy and employment conditions. The Commission ruled on a $19.20 per week wage increase for workers below the C10 classification, a 2.5% wage adjustment for those at or above the C10 classification, a 2.5% increase in existing award allowances and service increments, a $19.20 increase in the Queensland Minimum Wage, and an operative date of 1 September 2015. A declaration of General Ruling will be issued to give effect to this decision.

Orders