Declaration of General Ruling (State Wage Case 2019) - [2019] QIRC 169

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Declaration of General Ruling (State Wage Case 2019) [2019] QIRC 169

PARTIES:

Queensland Council of Unions

and

Together Queensland, Industrial Union of Employees

and

The Australian Workers' Union of Employees, Queensland
(Applicants)

v

State of Queensland (Office of Industrial Relations)
(First Respondent)

and

Local Government Association of Queensland
(Second Respondent)

CASE NO:
B/2019/32; B/2019/33; B/2019/34

PROCEEDING:
Application for Declaration of General Ruling

DELIVERED ON:
7 November 2019

HEARING DATE:

9 October 2019

HEART AT:
MEMBERS:

Brisbane

O'Connor VP
Thompson IC
Hartigan IC

ORDERS:

1.      The wages or salaries for full-time adult employees in all modern awards shall be increased by 3% from 1 September 2019.

2.      The wage rates of full-time junior employees shall be increased by applying the percentage in the wage rates clause applicable to the junior employee concerned to the wage rate payable to an equivalent full-time adult employee under the applicable award.

3.      The wage rates of part-time and casual employees shall be increased in the manner prescribed in each award or, if no manner is prescribed, on a pro rata basis appropriate to the increase in the wage rate payable to an equivalent full-time adult employee under the applicable award.

4.      The wage rates in the Training Wage Award – State 2012 and Schedule 8 of the Parents and Citizens Associations Award – State 2016 shall be increased by the Registrar in accordance with past practice based on a 3% increase at the C10 level in the Building, Engineering and Maintenance Services Employees (Queensland Government) Award – State 2016.

5.      The unit or per piece rate for a pieceworker shall be increased by 3%.

6.      Monetary allowances (other than expense related allowances) in all modern awards that relate to work or to conditions, which have not changed, are to be increased by 3%.

7. The minimum wage rate per week for all full-time employees in Queensland, the Queensland Minimum Wage, is $775.50 per week. (Note: The term "employee" is defined in section 8 of the Industrial Relations Act 2016).

LEGISLATION:
CASES:

Industrial Relations Act 2016 (Qld), s 3, s 4, s 141, s 142, s 143(1)(i), s 145, s 458, s 459

Industrial Relations Act 1999 (Qld), s 129

Application for Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 129

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

Application for Declaration of General Ruling (State Wage Case 2016) [2016] QIRC 088

Application for Declaration of General Ruling (State Wage Case 2017) [2017] QIRC 081

Application for Declaration of General Ruling (State Wage Case 2018) [2018] QIRC 113

Annual Wage Review 2018-19 [2019] FWCFB 3500

APPEARANCES:
Dr J. Martin for the Queensland Council of Unions

Mr C. Massey of counsel for Together Queensland, Industrial Union of Employees

Mr A. Santelises for The Australian Workers' Union of Employees, Queensland

Mr C. Murdoch QC of counsel for the State of Queensland instructed by the Office of Industrial Relations

Mr T. Goode for the Local Government…

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: [2019] QIRC 169
Decision Date: 7 November 2019

CaseChat Overview and Summary

The matter before the Court involved a dispute over the state wage case, leading to a declaration of general ruling concerning the appropriate wage increases for various categories of employees in Queensland. The case was heard by the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia. The dispute centred on the percentage increases to be applied to the wages and salaries of different categories of employees under various modern awards.

The primary legal issue the Court had to address was the determination of the appropriate percentage increase to be applied to the wages and salaries of full-time adult employees, full-time junior employees, part-time and casual employees, pieceworkers, and monetary allowances. The Court also had to consider the minimum wage rate for all full-time employees in Queensland. The decision hinged on the interpretation of relevant legislation and the application of past practices in similar cases.

In delivering the decision, the Court considered the economic context and the need for wage adjustments to keep pace with inflation and the cost of living. The Court held that the wages and salaries of full-time adult employees should be increased by 3% from 1 September 2019. The wage rates for full-time junior employees were to be increased by applying the percentage in the wage rates clause applicable to the junior employee concerned to the wage rate payable to an equivalent full-time adult employee under the applicable award. The wage rates of part-time and casual employees were to be increased in the manner prescribed in each award, or if no manner was prescribed, on a pro rata basis appropriate to the increase in the wage rate payable to an equivalent full-time adult employee under the applicable award. The Court also directed the Registrar to increase the wage rates in two specific awards based on past practice. The unit or per piece rate for a pieceworker was to be increased by 3%, and monetary allowances were to be increased by 3% for all modern awards relating to work or conditions that had not changed. The Court set the minimum wage rate per week for all full-time employees in Queensland at $775.50.

In light of the above, the Fair Work Commission made the orders as set out in the case title. The Court’s decision provides clarity on the wage increases applicable to various categories of employees in Queensland and ensures that wage adjustments are made in a fair and equitable manner.

Orders

Orders of the court

1. The wages or salaries for full-time adult employees in all modern awards shall be increased by 3% from 1 September 2019.

2. The wage rates of full-time junior employees shall be increased by applying the percentage in the wage rates clause applicable to the junior employee concerned to the wage rate payable to an equivalent full-time adult employee under the applicable award.

3. The wage rates of part-time and casual employees shall be increased in the manner prescribed in each award or, if no manner is prescribed, on a pro rata basis appropriate to the increase in the wage rate payable to an equivalent full-time adult employee under the applicable award.

4. The wage rates in the Training Wage Award – State 2012 and Schedule 8 of the Parents and Citizens Associations Award – State 2016 shall be increased by the Registrar in accordance with past practice based on a 3% increase at the C10 level in the Building, Engineering and Maintenance Services Employees (Queensland Government) Award – State 2016.

5. The unit or per piece rate for a pieceworker shall be increased by 3%.

6. Monetary allowances (other than expense related allowances) in all modern awards that relate to work or to conditions, which have not changed, are to be increased by 3%.

7. The minimum wage rate per week for all full-time employees in Queensland, the Queensland Minimum Wage, is $775.50 per week. (Note: The term "employee" is defined in section 8 of the Industrial Relations Act 2016).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Declaration of General Ruling (State Wage Case 2019) [2019] QIRC 169
PARTIES:	Queensland Council of Unions and Together Queensland, Industrial Union of Employees and The Australian Workers' Union of Employees, Queensland (Applicants) v State of Queensland (Office of Industrial Relations) (First Respondent) and Local Government Association of Queensland (Second Respondent)
CASE NO:	B/2019/32; B/2019/33; B/2019/34
PROCEEDING:	Application for Declaration of General Ruling
DELIVERED ON:	7 November 2019
HEARING DATE:	9 October 2019
HEART AT: MEMBERS:	Brisbane O'Connor VP Thompson IC Hartigan IC
ORDERS:	1. The wages or salaries for full-time adult employees in all modern awards shall be increased by 3% from 1 September 2019. 2. The wage rates of full-time junior employees shall be increased by applying the percentage in the wage rates clause applicable to the junior employee concerned to the wage rate payable to an equivalent full-time adult employee under the applicable award. 3. The wage rates of part-time and casual employees shall be increased in the manner prescribed in each award or, if no manner is prescribed, on a pro rata basis appropriate to the increase in the wage rate payable to an equivalent full-time adult employee under the applicable award. 4. The wage rates in the Training Wage Award – State 2012 and Schedule 8 of the Parents and Citizens Associations Award – State 2016 shall be increased by the Registrar in accordance with past practice based on a 3% increase at the C10 level in the Building, Engineering and Maintenance Services Employees (Queensland Government) Award – State 2016. 5. The unit or per piece rate for a pieceworker shall be increased by 3%. 6. Monetary allowances (other than expense related allowances) in all modern awards that relate to work or to conditions, which have not changed, are to be increased by 3%. 7. The minimum wage rate per week for all full-time employees in Queensland, the Queensland Minimum Wage, is $775.50 per week. (Note: The term "employee" is defined in section 8 of the Industrial Relations Act 2016).
LEGISLATION: CASES:	Industrial Relations Act 2016 (Qld), s 3, s 4, s 141, s 142, s 143(1)(i), s 145, s 458, s 459 Industrial Relations Act 1999 (Qld), s 129 Application for Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 129 Application for Declaration of General Ruling (State Wage Case 2015) [2015] QIRC 154 Application for Declaration of General Ruling (State Wage Case 2016) [2016] QIRC 088 Application for Declaration of General Ruling (State Wage Case 2017) [2017] QIRC 081 Application for Declaration of General Ruling (State Wage Case 2018) [2018] QIRC 113 Annual Wage Review 2018-19 [2019] FWCFB 3500
APPEARANCES:	Dr J. Martin for the Queensland Council of Unions Mr C. Massey of counsel for Together Queensland, Industrial Union of Employees Mr A. Santelises for The Australian Workers' Union of Employees, Queensland Mr C. Murdoch QC of counsel for the State of Queensland instructed by the Office of Industrial Relations Mr T. Goode for the Local Government…