Declaration of General Ruling (State Wage Case 2021) - [2021] QIRC 293

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Declaration of General Ruling (State Wage Case 2021) [2021] QIRC 293
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 Ltd (Respondents)
CASE NOS:	B/2021/51; B/2021/58; B/2021/59
PROCEEDING:	Application for Declaration of General Ruling
DELIVERED ON:	30 August 2021
HEARING DATE:	16 August 2021
HEARD AT: MEMBERS:	Brisbane O'Connor VP Merrell DP Power IC
ORDERS:	1. The wages or salaries for full-time adult employees in all state awards shall be increased by 2.5 percent from 1 September 2021. 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 2.5 percent. 3. The minimum wage rate per week for all full‑time employees in Queensland is $808.50. 4. The above increases operate on and from 1 September 2021.
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 Declaration of General Ruling (State Wage Case 2018) [2018] QIRC 113 Declaration of General Ruling (State Wage Case 2019) [2019] QIRC 169 Annual Wage Review 2020-21 [2021] FWCFB 3500
APPEARANCES:	Mr A. Borg for the Queensland Council of Unions. Mr M. Thomas for Together Queensland, Industrial Union of Employees. Mr T. McQuillan for The Australian Workers' Union of Employees, Queensland. Mr A. J. James and Mr T. Brauns, Office of Industrial Relations, for the State of Queensland. Mr T. Goode for the Local Government Association of Queensland Ltd.

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:
(a)a general ruling to amend all state award to increase wages by 2.5 percent;
(b)a general ruling to amend all state awards to increase the existing award allowances which relate to work conditions which have not changed by 2.5 percent;
(c)an increase to the Queensland Minimum Wage ('QMW') by 2.5 percent; and
(d)a determination that items (a) to (c) be operative from 1 September 2021.
[1] Application filed by the Queensland Council of Unions on 25 June 2021.
[2] Application filed by Together Queensland, Industrial Union of Employees on 12 July 2021.
[3] Application filed by The Australian Workers' Union of Employees, Queensland on 13 July 2021.
Legal framework

Section 3 of the Industrial Relations Act2016 (Qld) ('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…

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: [2021] QIRC 293
Decision Date: 30 August 2021

CaseChat Overview and Summary

The case of Declaration of General Ruling (State Wage Case 2021) involved the State Wage Case Commission and was concerned with the determination of wage increases for full-time adult employees in various state awards. The Commission was tasked with issuing a general ruling that would set out the effective date and extent of wage increases.

The central legal issue before the Commission was the timing of the implementation of the wage increases as well as the extent of those increases. The Commission had to decide whether to maintain the established practice of implementing wage increases from 1 September and whether to increase wages by 2.5 percent. Additionally, the Commission needed to determine the new minimum wage rate for full-time employees in Queensland.

The Commission, following the precedent set in previous cases, concluded that the wage increases should take effect from 1 September 2021 to ensure consistency and predictability for all stakeholders. The Commission also determined that a 2.5 percent increase was appropriate and set the new minimum wage rate for full-time employees in Queensland at $808.50 per week. This decision was intended to provide clarity and stability in the wage setting process.

Consequently, the Commission issued a declaration of General Ruling that gave effect to the wage increases from 1 September 2021. The specific orders included a 2.5 percent increase in wages and allowances for full-time adult employees, as well as the establishment of a new minimum wage rate in Queensland. The declaration was designed to provide a clear and definitive statement of the new wage rates and conditions, ensuring that all relevant parties would be aware of the changes.

Orders

Orders of the court

1. The wages or salaries for full-time adult employees in all state awards shall be increased by 2.5 percent from 1 September 2021.

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 2.5 percent.

3. The minimum wage rate per week for all full‑time employees in Queensland is $808.50.

4. The above increases operate on and from 1 September 2021.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Consistent with the approach adopted in previous SWCs, the Commission takes the view that the general ruling should take effect from 1 September. The continuation of this approach provides all interested parties with certainty with respect to the timing of the operation of SWC decisions from year to year. Conclusion It is ordered that:1. The wages or salaries for full-time adult employees in all state awards shall be increased by 2.5 percent from 1 September 2021.2. 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 2.5 percent.3. The minimum wage rate per week for all full‑time employees in Queensland is $808.50.4. The above increases operate on and from 1 September 2021. A declaration of General Ruling giving effect to the orders made will be issued concurrently with this Decision.

Ratio Decidendi

Legal Principle Established

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