Declaration of General Ruling (State Wage Case 2020) - [2020] QIRC 131

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Declaration of General Ruling (State Wage Case 2020) [2020] QIRC 131
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) and Local Government Association of Queensland (Respondents)
CASE NOS:	B/2020/40; B/2020/41; B/2020/43
PROCEEDING:	Application for Declaration of General Ruling
DELIVERED ON:	26 August 2020
HEARING DATE:	24 August 2020
HEARD AT: MEMBERS:	Brisbane O'Connor VP Knight IC Hartigan IC
ORDERS:	1. The wages or salaries for full-time adult employees in all state awards shall be increased by 1.75 per cent from 1 September 2020. 2. Monetary allowances (other than expense related allowances) in all state awards that relate to work or to conditions which have not changed, and service increments, are to be increased by 1.75 per cent. 3. The minimum wage rate per week for all full‑time employees in Queensland is $789.00. 4. The above increases operate on and from 1 September 2020.
LEGISLATION: CASES:	Industrial Relations Act 2016 (Qld), s 3, s 4, s 458, s 459, s 460 Public Health Act 2005 (Qld), s 319, s 362B Application for Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 129 Annual Wage Review 2019-20 [2020] FWCFB 3500
APPEARANCES:	Dr J. Martin for the Queensland Council of Unions. Mr M. Thomas for Together Queensland, Industrial Union of Employees. Mr A. Santelises for The Australian Workers' Union of Employees, Queensland. Ms L. Wilkinson and Mr A. J. James, Office of Industrial Relations, for the State of Queensland. Mr T. Goode for the Local Government Association of Queensland.

Reasons for Decision

Background

The Queensland Council of Unions (QCU),[1] Together Queensland, Industrial Union of Employees (Together)[2] and The Australian Workers' Union of Employees, Queensland (AWU)[3] have, respectively, applied to the Queensland Industrial Relations Commission (the Commission) seeking the following:
[1] Application filed by the Queensland Council of Unions on 23 June 2020.
[2] Application filed by Together Queensland, Industrial Union of Employees on 24 June 2020.
[3] Application filed by The Australian Workers' Union of Employees, Queensland on 24 June 2020.

(a)     a general ruling to amend all state awards to increase wages by 1.75%;
(b)     a general ruling to amend all state awards to increase the existing allowances which relate to work conditions, which have not changed by 1.75%;
(c)     an increase to the Queensland Minimum Wage (QMW) by 1.75%; and
(d)     a determination that items (a) to (c) herein be operative from 1 September 2020.

The legislative parameters

Section 3 of the Industrial Relations Act 2016 (the IR Act) identifies the main purpose of the IR Act to be as follows:
3 Main purpose of Act
The main purpose of this Act is to provide for a framework for cooperative industrial relations that -
(a)is fair and balanced; and
(b)supports the delivery of high quality services, economic prosperity and social justice for Queenslanders.
Section 4 sets out how the purpose of the IR Act…

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: [2020] QIRC 131
Decision Date: 26 August 2020

CaseChat Overview and Summary

In the matter of the Declaration of General Ruling (State Wage Case 2020), the Fair Work Commission was tasked with determining the appropriate wage increases for full-time adult employees across various state awards. The union applicants sought a wage increase, while the State argued for a lower increase or a freeze. The dispute was resolved through a negotiated settlement, and the Commission was required to formalise this agreement through a general ruling.

The central legal issue before the Commission was the determination of the appropriate percentage increase in wages and allowances for full-time adult employees, as well as the setting of the minimum wage rate in Queensland. The Commission had to balance the need for fair compensation for employees with the financial implications for employers and the broader economy.

The Commission, after considering the economic context, the parties' submissions, and the need for consistency across various state awards, decided on a 1.75 per cent increase in wages and allowances, effective from 1 September 2020. The Commission also set the minimum wage rate for full-time employees in Queensland at $789.00 per week. This decision was made to ensure fairness and to provide certainty for both employees and employers.

The orders issued by the Commission include a 1.75 per cent increase in wages and allowances for full-time adult employees, effective from 1 September 2020. Additionally, the minimum wage rate for full-time employees in Queensland was set at $789.00 per week, also effective from the same date. This decision provides clarity and consistency in wage adjustments across various state awards.

Orders

Orders of the court

1. The wages or salaries for full-time adult employees in all state awards shall be increased by 1.75 per cent from 1 September 2020.

2. Monetary allowances (other than expense related allowances) in all state awards that relate to work or to conditions which have not changed, and service increments, are to be increased by 1.75 per cent.

3. The minimum wage rate per week for all full‑time employees in Queensland is $789.00.

4. The above increases operate on and from 1 September 2020.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Accordingly, the Commission has determined the general ruling will operate from 1 September 2020 having regard to the consent positions of the union applicants and the State, and in the interests of ensuring consistency and certainty with respect to the operative periods of each respective SWC.Conclusion A Declaration of General Ruling giving effect to this decision will be issued concurrently with this Decision. It is ordered that:1. The wages or salaries for full-time adult employees in all state awards shall be increased by 1.75 per cent from 1 September 2020.2. Monetary allowances (other than expense related allowances) in all state awards that relate to work or to conditions which have not changed, and service increments, are to be increased by 1.75 per cent.3. The minimum wage rate per week for all full‑time employees in Queensland is $789.00.4. The above increases operate on and from 1 September 2020.

Ratio Decidendi

Legal Principle Established

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