Queensland Titles Registry Pty Ltd T/A Titles Queensland

[2021] FWC 5503

[2021] FWC 5503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.768BG - Application to consolidate orders in relation to non-transferring employees

Queensland Titles Registry Pty Ltd T/A Titles Queensland
(AG2021/6046)

COMMISSIONER SIMPSON BRISBANE, 3 SEPTEMBER 2021

Application by Queensland Titles Registry Pty Ltd T/A Titles Queensland.

[1] On 6 July 2021 the Queensland Titles Registry Pty Ltd trading as Titles Queensland made an application seeking orders under s.768BG of the Fair Work Act 2009. The orders sought include the following:

1. That the Queensland Public Service Officers and other Employees Award – State 2015 (the Award) and State Government Entities Certified Agreement 2019 (Certified Agreement) as varied (except for the variations relating to the payment of bonuses and no forced redundancies for the life of the CA) apply to and cover Together Queensland, Industrial Union of Employees (TQ), Titles Queensland and its employees who:

(a) Are new employees of Titles Queensland and whose employment has not transferred from the Department to Titles Queensland under the Queensland Future Fund (Titles Registry) Act 2021 (Qld) (Non-Transferred Employees); and

(b) Are to perform the work that transferred from the State of Queensland (though the Department of Resources) (Department) to Titles Queensland (Transferred Work).

2. That the Award and CA apply to cover the Non-Transferred Employees from the date they commence employment with Titles Queensland to perform the Transferred Work.

[2] The application was supported by a signed statement from Jacqueline Hamilton, Partner at Holding Redlich.

[3] The statement of Jacqueline Hamilton set out the background to the application including that the Queensland Parliament enacted the Queensland Future Fund Act 2020 (Act) (QFF Act) which established the framework for the Queensland Future (Debt Retirement) Fund. Under section 10(1)(a) of the QFF Act, the Treasurer, who is responsible for administering the Debt Retirement Fund, is empowered to direct certain investments be contributed to the Debt Retirement Fund.

[4] All of the functions, powers, assets, liabilities, contracts and employees of the Queensland Titles Registry (Titles Registry), which formerly operated as part of the State of Queensland, through the Department of Resources (the Department), transferred to Titles Queensland on 18 June 2021 (Transfer Date) and have been contributed to the Debt Retirement Fund.

[5] The transfer and conferral of rights was enabled and implemented through a combination of new enabling legislation (the Queensland Future Fund (Titles Registry) Act 2021 (Qld)) (the Act), the delegation of statutory functions and powers to Titles Queensland and private treaty.

[6] As such, from the Transfer Date:

(a) Titles Registry has been operated by Titles Queensland; and

(b) Titles Registry employees have transferred to Titles Queensland.

[7] For the 125 employees who have transferred from the Department to Titles Queensland, their transfers have been effected through legislation.

[8] The transfer from the Department (old employer) to Titles Queensland (new employer) is a ‘transfer of business’ within the meaning of s 768AD of the FW Act as the statutory criteria are satisfied.

[9] Because the transfer is a transfer of business for the purpose of Chapter 6, Part 6-3 of the FW Act, the industrial instruments that applied to the Transferred Employees prior to transfer during their employment with the Department have automatically transferred with the Transferred Employees as ‘copied State instruments’.

[10] Prior to the Transfer Date, the Transferred Employees were employed by the Department under the Queensland Public Service Officers and other Employees Award – State 2015 (Award) and the State Government Entities Certified Agreement 2019. As such:

(a) the Award is a copied State award that came into operation immediately after the Transferred Employees’ employment with the Department was terminated and it will continue to operate for a minimum of five years unless a new Federal enterprise agreement covering the Transferred Employees is made; and

(b) the Certified Agreement is a copied State employment agreement that came into operation immediately after the Transferred Employees’ employment with the Department was terminated and will continue until 23 August 2023 (being the nominal expiry date) or a new Federal enterprise agreement covering the Transferred Employees is made.

[11] A Deed of Arrangement was entered into between Titles Queensland and Together Queensland, Industrial Union of Employees (TQ) to formalise the Industrial Relations Proposal that was agreed to in consultation in relation to the transfer of business.

[12] In a separate decision I have decided to grant variations to the copied State employment agreement exercising power under s.768AX(3).

[13] I am also satisfied on the basis of the statement of Jacqueline Hamilton filed with the application and the other supporting documentation, taking into account the prescribed matters in s.768BG that it is appropriate to grant the application for consolidations orders that the copied State instruments for the transferring employees will also be a copied State instruments for non-transferring employees who perform the transferring work.

[14] I have determined that it is appropriate in this case to make the orders operative from the date any new employees have commenced employment with Titles Queensland from 18 June 2021. Orders will be issued separately and concurrently with this decision.

COMMISSIONER

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