Re: In the matter of the making of Modern Awards Queensland Fire and Emergency Service Employees Award State 2016
[2016] QIRC 92
•26 August 2016
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Re: In the matter of the making of Modern Awards – Queensland Fire and Emergency Service Employees Award - State 2016 [2016] QIRC 092 |
PARTIES: | Queensland Fire and Emergency Service Queensland Fire and Rescue – Senior Officers Union of Employees Together Queensland, Industrial Union of Employees United Firefighters' Union, Union of Employees, Queensland |
CASE NO: | MAP/2016/10 |
PROCEEDING: | Making of a modern award |
DELIVERED ON: | 26 August 2016 |
HEARING DATE: | 26 August 2016 |
HEARD AT: | Brisbane |
MEMBER: ORDERS: | Deputy President O'Connor 1. That the Queensland Fire and Emergency Service Employees Award - State 2016 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 1 September 2016, subject to the provisions of section 824 of the Act. 2. That the Queensland Fire and Rescue Service Communications Centres Award – State 2012 and the Queensland Fire and Rescue Service Award – State 2012 be repealed on and from 1 September 2016, subject to the provisions of section 824 of the Act. |
| CATCHWORDS: | INDUSTRIAL LAW - AWARD MODERNISATION - MAKING OF A MODERN AWARD - Section 140C(1) of the Industrial Relations Act 1999 - request from the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships - Queensland Fire and Emergency Service Employees Award - State 2016 Modern Award made. |
CASES: APPEARANCES: | Industrial Relations Act 1999, Chapter 5, Part 8, Division 2, ss 140BB, 140C(1), 140CE(1)(a), 824 Mr R Gillespie and Mr G Carthew of Queensland Fire and Emergency Services. Ms R Smith of Maurice Blackburn Lawyers, for Queensland Fire Service Senior Officers' Association, Union of Employees. Mr M Thomas of Together Queensland, Industrial Union of Employees. Mr A Cooke and Mr N Tosh of United Firefighters' Union of Australia, Union of Employees, Queensland. |
Reasons for Decision
The Queensland Industrial Relations Commission ("the Commission") recommenced the award modernisation process following the passing of amendments to the Industrial Relations Act 1999 ("the Act") and the issuing of a variation to the existing Ministerial Request ("the Consolidated Request") on 17 July 2015.
Section 140BB of the Act sets out the Commission's Award Modernisation functions, as follows:
"140BB Commission's award modernisation function
(1)The functions of the commission include carrying out a process (award modernisation process) to reform and modernise pre-modernisation awards.
(2)In performing its functions under this part, the commission must have regard to the following factors -
(a) promoting the creation of jobs, high levels of productivity, low inflation, high levels of employment and labour force participation, national and international competitiveness, the development of skills and a fair labour market;
(b) the need to help prevent and eliminate discrimination in employment;
(c) protecting the position in the labour market of young people, employees engaged as apprentices or trainees and employees with a disability;
(d) the needs of low-paid employees;
(e) the need to promote the principle of equal remuneration for work of equal value;
(f) the need to help employees balance their work and family responsibilities effectively and to improve retention and participation of employees in the workforce;
(g) the safety, health and welfare of employees;
(h) the Queensland minimum wage;
(i) the desirability of reducing the number of awards operating under this Act; and
(j) the representation rights of organisations and associations under this Act.
(3) This section does not limit section 140D."
In accordance with Chapter 5, Part 8, Division 2 of the Act (i.e. the Award Modernisation process provisions of the Act) and the Consolidated Request under s 140C(1) of the Act by the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships, the Minister responsible for the Industrial Relations portfolio ("the Minister"), the Award Modernisation ("AMOD") Team of the Commission prepared an Exposure Draft of a proposed Queensland Fire and Emergency Service Employees Award - State 2016 ("the Proposed Award").
On 16 August 2016, Deputy President Bloomfield referred a version of the Proposed Award to Deputy President O'Connor for the consideration of the Full Bench. This version of the Proposed Award had the consent of the parties, save for additional minor variations. These minor variations were provided to the parties for their consideration by the AMOD Team at the time of the referral of the Proposed Award to Deputy President O'Connor and they were given an opportunity to provide submissions prior to the hearing. The Proposed Award was referred to this Full Bench and listed for hearing on 26 August 2016.
The matter was heard on 26 August 2016 and parties confirmed their consent position on the Proposed Award which included the minor variations in wording.
The Full Bench, after considering the Proposed Award, and being satisfied that the Proposed Award complies with the requirements of the Act in relation to modern awards; is consistent with the statutory objects of the award modernisation process; and meets the requirements of the Minister's Consolidated Request, is of the view that the Proposed Award ought to be made in the terms of the award attached to these reasons and operate on and from 1 September 2016.
Accordingly, the Full Bench makes the following orders:
That the Queensland Fire and Emergency Service Employees Award - State 2016 be made pursuant to section 140CE(1)(a) of the Industrial Relations Act 1999 ("the Act") and operate on and from 1 September 2016, subject to the provisions of section 824 of the Act.
That the Queensland Fire and Rescue Service Communications Centres Award – State 2012 and the Queensland Fire and Rescue Service Award – State 2012 be repealed on and from 1 September 2016, subject to the provisions of section 824 of the Act.
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