Re: Application for decision about designated award

[2023] QIRC 292

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Application for decision about designated award [2023] QIRC 292

PARTIES:

State of Queensland (Queensland Health)

and

Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees

Together Queensland, Industrial Union of Employees

CASE NO:

CB/2023/107

PROCEEDING:

Application

DELIVERED ON:

9 October 2023

MEMBER:

HEARD AT:

Dwyer IC

On the papers

ORDER:

1.     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

Reasons for Decision

1. On 6 October 2023, the State of Queensland (Queensland Health) (‘the Applicant’) filed in the Industrial Registry a Form 47 – Application for a decision about a designated award for a certified agreement (‘the application’). The application was filed under s 213(3) of the Industrial Relations Act 2016 (‘the Act’) for a decision about the awards that are appropriate for the purposes of deciding if a proposed certified agreement passes the no-disadvantage test.

2. The parties to the application are the Applicant, the Australian Salaried Medical Officers' Federation Queensland, Industrial Organisation of Employees ('ASMOFQ'), and Together Queensland, Industrial Union of Employees ('TQ').

1. The 'proposed certified agreement' is the Visiting Medical Officers' Employees (Queensland Health) Certified Agreement (VM01) 2023 ('the proposed certified agreement').

1. Section 213 of the Act relevantly provides:

   213     Deciding 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. The proposed certified agreement covers Visiting Medical Officers ('VMOs') that provide medical services at public hospitals throughout Queensland. In the absence of a relevant award that applies to VMOs, it is necessary to propose a designated award under s 213(3) of the Act for the purposes of the no-disadvantage test.

2. The parties agree that there is no applicable relevant award. The Commission agrees.

3. The Applicant has proposed the Medical Officers (Queensland Health) 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 proposed certified agreement. Both ASMOFQ and TQ support the Applicant's proposal.

4. In the circumstances, 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 VMOs covered by the proposed certified agreement, the Medical Officers (Queensland Health) 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. Further, the Commission is satisfied that the award proposed is appropriate for the purposes of deciding whether the proposed certified agreement passes the no-disadvantage test. 

   Order

   1.The application is granted.