Mackay Regional Council v Queensland Services, Industrial Union of Employees

The Mackay Regional Council took on the Queensland Services, Industrial Union of Employees in an industrial dispute concerning an interim wage increase. The Queensland Industrial Relations Commission heard the matter. The legal issues revolved around whether the Commission had the authority to grant an interim wage increase before making an arbitration determination, and if so, what factors should be considered in making such a decision. The Commission referred to Section 180(2)(b) of the Industrial Relations Act 2016 (Qld), which allows the full bench to order an increase in wages payable to employees before making an arbitration determination. The Commission concluded that issuing orders in the terms sought by the union would not impede the final determination. Considering the circumstances, the Commission granted the interim wage increase of two per cent for Stream A Award and Stream B Award employees, effective from 1 July 2021.

The Court examined the relevant sections of the Industrial Relations Act 2016 (Qld) and the Industrial Relations Act 1999 (Qld) to determine the Commission's authority to grant an interim wage increase. The Court found that Section 180(2)(b) of the Industrial Relations Act 2016 (Qld) provided the full bench with the express power to order an increase in wages payable to employees before making an arbitration determination. The Court also considered the factors that should be taken into account when deciding an application for an interim wage increase, as outlined in Section 180(4)(a) and (b) of the Industrial Relations Act 2016 (Qld). In light of these considerations, the Court found it appropriate to grant the interim wage increase for Stream A Award and Stream B Award employees.

As a result of the Court's decision, employees covered by the Queensland Local Government Industry (Stream A) Award - State 2017 and the Queensland Local Government Industry (Stream B) Award - State 2017 were granted an interim wage increase of two per cent at the current rate of pay, effective from 1 July 2021. This decision was made pursuant to Section 180(2)(b) of the Industrial Relations Act 2016 (Qld). The Court's decision clarified the power of the Queensland Industrial Relations Commission to grant interim wage increases and provided guidance on the factors to be considered when making such a decision.