Re: Application for decision about designated award

[2023] QIRC 306

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Application for decision about designated award [2023] QIRC 306

PARTIES:

State of Queensland (Office of Industrial Relations)

AND

Together Queensland, Industrial Union of Employees

CASE NO.:

CB/2023/111

PROCEEDING:

Application

DELIVERED ON:

23 October 2023

HEARING DATE:

23 October 2023

MEMBER:

HEARD AT:

Hartigan DP

Brisbane

ORDER:

The application is granted.

CATCHWORDS:

INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for decision about designated award for a certified agreement.

LEGISLATION: 

Industrial Relations Act 2016 (Qld) s 213

APPEARANCES:

Ms C. Jeffries and Ms L. Gribbin for the Office of Industrial Relations  

Mr M. Thomas for Together Queensland, Industrial Union of Employees

Reasons for Decision

1. This application[1] is made by the State of Queensland (Office of Industrial Relations) pursuant s 213(3) of the Industrial Relations Act 2016 ('the IR Act') for a decision about an award that is appropriate for the purposes of deciding if a proposed certified agreement passes the no-disadvantage test ('the application').

   [1] CB/2023/111 filed 16 October 2023.

2. The application is made by the State of Queensland (Office of Industrial Relations) on behalf of the Office of the Governor.

1. The relevant 'proposed certified agreement' for the purpose of my consideration is the State Government Entities Certified Agreement 2023.

1. The application identifies that the type of work persons under the proposed agreement are engaged in is as follows:

Operational (including security officers, gardeners and stewards) and administrative staff.

1. The application further identifies that the nominated award which regulates remuneration and working conditions of those employed in a similar kind of work as the persons covered by the proposed agreement and is an appropriate award for deciding if the agreement passes the no-disadvantage test is the Queensland Public Service Officers and Other Employees Award – State 2015.

2. Section 213 of the IR Act provides for a process for the making of the application as follows:

213Deciding designated awards

(1)      This section applies if –

(a)an employer, or an employee organisation, proposes to make a certified agreement; and

(b)there is no relevant award for some or all of the persons to whom the agreement will apply.

(2)      The employer or organisation must apply to the commission for a decision under subsection (3).

(3)      On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantages test.

(4)      The commission must give the employer or organisation in written notice of the commission's decision.

1. An affidavit of Mr Gavin Kelly was filed in support of the application. Mr Kelly performs the role of Chief Financial and Governance Officer, Office of the Governor. Mr Kelly's affidavit provides, in summary as follows:

   (a)     the Office of the Governor is an entity engaging employees covered by the State Government Entities Certified Agreement 2023. The Office of the Governor engages operational (including security officers, gardeners and stewards) and administrative staff who are covered by the proposed certified agreement.[2] The operational and administrative staff are engaged in operational activities such as:

   (i)maintaining the Government House Estate as an official State residence by conserving its heritage-listed facilities and undertaking appropriate maintenance, security, stewardship and horticultural tasks.

   (ii)providing administrative and logistical support to enable the Governor to fulfil constitutional, representational, ceremonial and community responsibilities.

[2] Appendix 11.

1. Mr Kelly advises that the Office of the Governor supports the application.

2. Pursuant to s 213(3) of the IR Act, it is necessary to propose a designated award for this discrete group of employees covered by the agreement for the purposes of the no-disadvantage test.

1. In respect to the Office of Governor employees covered by Appendix 11 of the agreement, the State proposes the Queensland Public Service Officers and Other Employees Award – State 2015 as the award which regulates employment conditions of the relevant employees engaged in a similar kind of work as the persons under the agreement. The State submits that it is the appropriate award for deciding if the agreement passes the no-disadvantage test.

1. Together Union, Industrial Union of Employees appeared at the hearing and confirmed its consent to the application being made.

1. Accordingly, the application for a decision about designation pursuant to s 213 of the Act is granted in the terms applied for. Pursuant to s 213(3) and in respect to the Office of Governor employees covered by Appendix 11 of the agreement, the Queensland Public Service Officers and Other Employees Award – State 2015 is the award which regulates employment conditions of employees engaged in a similar kind of work as the persons under the agreement, and to which these employees have their wages aligned to already (operational stream and administrative stream).

1. I am also satisfied that the award proposed is appropriate for the purposes of deciding whether the State Government Entities Certified Agreement 2023 passes the no-disadvantage test. 

Order

1. Accordingly, I make the following order:

   The application is granted.