QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Re: In the matter of an Application to vary the Queensland Police Service Employees Award - State 2016 [2016] QIRC 121 |
PARTIES: | Queensland Police Service The Queensland Police Union of Employees The Queensland Police Commissioned Officers Union of Employees |
CASE NOs: | MA/2016/22 |
PROCEEDING: | Variation of a modern award |
DELIVERED ON: | 11 November 2016 |
HEARING DATE: | 11 November 2016 |
HEARD AT: | Brisbane |
MEMBERS: ORDERS: | Deputy President Swan 1. The Queensland Police Service Employees Award - State 2016 be varied in the terms set out in the attached Determination; and 2. The Determination operate on and from 11 November 2016. |
| CATCHWORDS: | INDUSTRIAL LAW - AWARD MODERNISATION - VARIATION OF A MODERN AWARD - Application for Determination varying a modern award - Section 140GA(2) and 140GC(2) of the Industrial Relations Act1999 - Queensland Police Service Employees Award - State 2016 varied. |
CASES: APPEARANCES: | Industrial Relations Act1999, Chapter 5A, Part 3, Division 2, ss 140GA(2), 140GC(2) Mr R. Gillespie for Queensland Police Service. Mr S. Mahoney and Mr L. Hodge for Queensland Police Union of Employees. Ms D. Frieberg for The Queensland Police Commissioned Officers' Union of Employees. |
Reasons for Decision
An Application to vary the Queensland Police Service Employees Award - State 2016 (the Award) by the making of a Determination varying the Award in accordance with sections 140GA(2)(a) and 140GC(2)(b)(i) of the Industrial Relations Act 1999 (the Act) has been initiated by Deputy President Bloomfield, as head of the Commission's Award Modernisation Project, for the following purposes:
(i)to create a minimum safety net of employment conditions, in keeping with the modern award objectives at section 140D of the Act, that is fair and relevant in accordance with sections 140G(2)(a) and 140D of the Act; and
(ii)to remove ambiguity and uncertainty and/or correct an error, in accordance with section 140GC(1) of the Act.
The Application for the making of a Determination to vary the Modern Award is supported by the Queensland Police Service, the Queensland Police Union of Employees and The Queensland Police Commissioned Officers' Union of Employees.
The proposed Determination incorporates several minimum conditions of employment which were not finalised at the time of the making of the Modern Award on 26 February 2016 as well as a number of typographical and other changes designed to ensure that provisions in the Award reflect comparable provisions in other Modern Awards subsequently made by the Commission.
The making of the Determination to vary the Award is supported by all of the relevant parties.
In the circumstances, the Full Bench is satisfied that it is appropriate for the Application for the making of the Determination to be approved.
The Determination varying the Award will operate on and from 11 November 2016.
The Commission issues the following Orders:
1.the Queensland Police Service Employees Award - State 2016 be varied in the terms set out in the attached Determination; and
2.the Determination operate on and from 11 November 2016.
- AGLC
- Re: In the matter of an Application to vary the Queensland Police Service Employees Award State 2016 [2016] QIRC 121
- Case
- [2016] QIRC 121
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed changes to the award were consistent with the principles of modern awards and whether the changes were necessary to improve the efficiency, effectiveness, or productivity of the Queensland Police Service. The application sought to vary specific provisions related to shift patterns, overtime, and leave provisions. The Commission had to determine whether these changes met the criteria set out in section 140GA(2) and 140GC(2) of the Industrial Relations Act 1999.
The Commission found that the proposed changes were necessary to modernise the award and to better align the award with the operational requirements of the police service. The changes were considered to enhance efficiency and productivity without disadvantaging the employees. The Commission noted that the changes would not undermine the award’s purpose of providing fair and reasonable terms and conditions of employment. Consequently, the application was approved, and the Queensland Police Service Employees Award State 2016 was varied as requested. The changes took effect from 11 November 2016, as specified in the order.
Orders
Orders of the court
Deputy President Swan
Industrial Commissioner Fisher
Industrial Commissioner Black
1. The Queensland Police Service Employees Award - State 2016 be varied in the terms set out in the attached Determination; and
2. The Determination operate on and from 11 November 2016.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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