CITATION: Application for Declaration of General Ruling (State Wage Case 2016) - [2016] QIRC 88

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Application for Declaration of General Ruling (State Wage Case 2016) [2016] QIRC 088
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/2016/10 B/2016/11
PROCEEDING:	Application for Declaration of General Ruling
DELIVERED ON:	19 August 2016
HEARING DATE: HEARD AT:	15 August 2016 Brisbane
MEMBERS:	Deputy President O'Connor Deputy President Bloomfield Deputy President Kaufman
CASES:	Application for Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 129. Annual Wage Review 2015-16 - decision [2016] FWCFB 3500. Queensland Council of Unions AND The Crown and Ors (State Wage Case 2006).
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 S. Blaney, on behalf of the Local Government Association of Queensland Ltd.

Reasons for Decision

The Queensland Council of Unions (QCU) lodged an application on 1 June 2016 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 We observe, as did the Commission in 2015, that s 288 of the Act was repealed on 1 December 2013 with the result that the Commission is not empowered to make statements of policy.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)an $18.90 wage adjustment for workers employed at award classification rates equivalent to or below the Engineering Award - State 2012 C10 classification;
(ii)a 2.4% 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 $18.90; and
(v)an operative date of 1 September 2016.

On 3 June 2016 The Australian Workers' Union of Employees, Queensland (AWUQ) filed a similar application seeking:
(i)a $30.00 wage adjustment for workers employed at award classification rates equivalent to or below the Engineering Award - State 2012 C10 classification;
(ii)a 3.9% 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 3.9%;
(iv)an increase in the Queensland Minimum Wage as it applies to all employees by $30.00; and
(v)an operative date of 1 September 2016.

Submissions were received from the following:
·QCU on 15 July 2016;
·AWU on 15 July 2016;
·State of Queensland on 22 July 2016;
·Local Government Association of Queensland Ltd (LGAQ) on 29 July 2016;
·QCU submissions in reply 5 August 2016; and
·AWU submissions in…

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: [2016] QIRC 88
Decision Date: 19 August 2016

CaseChat Overview and Summary

The Queensland Industrial Relations Commission was asked to decide on an application for a general ruling concerning wage and allowance adjustments for award employees and a statement of policy. The applicants were the Queensland Council of Unions and the Australian Workers' Union of Employees, Queensland. The respondents were the State of Queensland and the Local Government Association of Queensland Ltd. The Commission was required to consider the applicants' requests for wage adjustments, allowance increases, and a minimum wage increase, as well as the respondents' submissions in opposition.

The Commission considered the applicants' requests for wage adjustments, allowance increases, and a minimum wage increase, as well as the respondents' submissions in opposition. The applicants sought different quantums of increase compared to each other and the respondents. The applicants argued that the increases should be in line with the Fair Work Commission's Annual Wage Review decision and should offset the cost of living pressures. The respondents, on the other hand, argued for a more modest increase in line with the economic conditions of Queensland. The Commission also had to decide whether to award a flat rate increase or a percentage increase for classification levels below the C10 level.

The Commission decided to award a 2.4% increase to minimum award wages, a 2.4% increase to award monetary allowances (other than expense-related allowances) and a 2.4% increase to the Queensland Minimum Wage. The Commission decided against awarding a flat rate increase for classification levels below the C10 level, as it believed that continuing to award such increases would unacceptably distort properly fixed relativities. The Commission was not persuaded that the 3.9% increase sought by the Australian Workers' Union of Employees, Queensland was warranted in the present economic and employment conditions.

The final orders of the Commission were that the wages or salaries for full-time adult employees shall be increased by 2.4%; monetary allowances (other than expense-related allowances) in all awards that relate to work or to conditions, which have not changed, and service increments are to be increased by 2.4%; expense-related allowances in all awards are to be increased in the manner specified in applicable awards; the minimum rate per week for all full-time employees in Queensland is $704.50 per week; and the above increases operate on and from 1 September 2016. A Declaration of General Ruling giving effect to this decision will issue concurrently with this Decision.

Orders