Re: Making of a modern award General Employees (Queensland Government Departments) and Other Employees Award State 2015

The Commonwealth Administrative Appeals Tribunal (CAAT) considered the making of the General Employees (Queensland Government Departments) and Other Employees Award – State 2015. The request for the modern award was made by the Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships under Section 140C(1) of the Industrial Relations Act 1999. The dispute centred on the process and validity of the award's creation and its replacement of existing awards.

The court had to determine whether the procedural requirements under Section 140C(1) of the Act were properly followed and whether the award was correctly made. This included examining the consultations that occurred with relevant stakeholders and the consideration of the economic impacts of the new award. The tribunal also had to decide whether the new award was appropriately aligned with the purposes of modern awards as intended by the Act.

The tribunal found that the making of the award was in compliance with the relevant statutory provisions. It was satisfied that the process included appropriate consultation with stakeholders and that the new award was consistent with the objectives of modern awards. The tribunal noted that the award was designed to streamline the existing awards and provide more efficient and effective terms for employees. The court concluded that the award was a valid exercise of the powers granted under the Act.

Accordingly, the tribunal made orders that the General Employees (Queensland Government Departments) and Other Employees Award – State 2015 be established, effective from 18 September 2015. It also ordered the repeal of several existing awards that were to be replaced by the new award, subject to the provisions of Section 824 of the Act.