Re: Making of a modern award - Queensland Local Government Industry Award - State 2014

[2014] QIRC 149

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Making of a modern award - Queensland Local

Government Industry Award - State 2014 [2014]

QIRC 149

PARTIES: 

Local Government Association of Queensland Ltd

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees,
Queensland

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

The Electrical Trades Union of Employees,
Queensland

Plumbers  & Gasfitters Employees' Union

Queensland, Union of Employees

Transport Workers' Union of Australia, Union of
Employees (Queensland Branch)

Queensland Nurses' Union of Employees

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

Queensland Independent Education Union of
Employees

United Voice, Industrial Union of Employees,
Queensland

Construction, Forestry, Mining & Energy, Industrial
Union of Employees, Queensland

CASE NOS: 

MA/2014/3,	MA/2014/5,	MA/2014/6,
MA/2014/13,	MA/2014/18,	MA/2014/28,
MA/2014/30,	MA/2014/39,	MA/2014/40,
MA/2014/43,	MA/2014/49,	MA/2014/50,
MA/2014/51,	MA/2014/52,	MA/2014/64,
MA/2014/77,	MA/2014/79,	MA/2014/114,
MA/2014/115,	MA/2014/116,	MA/2014/117,
MA/2014/118,	MA/2014/119,	MA/2014/120,
MA/2014/121,	MA/2014/122,	MA/2014/123,
MA/2014/124,	MA/2014/125,	MA/2014/127,

MA/2014/129

PROCEEDING: 

Making of a Modern Award

DELIVERED ON: 

26 September 2014

HEARING DATES: 

28 August 2014

11, 17, 20 and 21 September 2014

MEMBERS: 

Vice President Linnane

Deputy President O'Connor
Industrial Commissioner Neate

ORDERS : 

1. That the Queensland Local Government Industry Award - State 2014 be made.

2.	That Clauses 1 and 2 of the Queensland Local Government Industry Award - State 2014 commence operation on 1 October 2014 subject to s 824 of the Industrial Relations Act 1999.
3.	That the remaining clauses of the Queensland Local Government Industry Award - State 2014 commence operation on 1 January 2015 subject to the provisions of s 824 of the Industrial Relations Act 1999;
4.	That the Aboriginal and Torres Strait Islander Health Services Officers Interim Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.
5.	That the Award for Accommodation and Care Services Employees for Aged Persons - South Eastern Division 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.
6.	That the Award for Accommodation and Care Services Employees for Aged Persons - State (Excluding South-East Queensland) 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City

Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

7.      That the Building Trades Public Sector Award - State 2002, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

8.      That the Children's Services Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

9.      That the Clerical Employees' Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

10.    That the Early Childhood Education Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

11.   That the Engineering Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

12.   That the Health and Fitness Centres, Swim Schools and Indoor Sports Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

13.   That the Hospitality Industry - Restaurant, Catering and Allied Establishments Award - South-Eastern Division 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from

30 September 2014 subject to the provisions
of s 824 of the Industrial Relations Act 1999.

14.   That the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

15.    That the Municipal Officers' (Aboriginal and Islander Community Councils) Award 2004 excluding Clause 13.1 and Clause 20.1.2 be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

16.   That Clause 13.1 and Clause 20.1.2 of the Municipal Officers' Award (Aboriginal and Islander Community Councils) Award 2004 be repealed on and from 31 March 2015 subject to the provisions of s 824 of the Industrial Relations Act 1999.

17.   That the Nurses' Aged Care Award - State 2005, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

18.    That the Nurses Award - State 2005, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

19.    That the Nurses' Domiciliary Services Award - State 2003, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

20.   That the Queensland Local Government Officers' Award 1998 (excluding clause 12.1 and Clause 23.1.2) be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

21.   That Clause 12.1 and Clause 23.1.2 of the Queensland Local Government Officers' Award 1998 be repealed on and from 31 March 2015 subject to the provisions of s 824 of the Industrial Relations Act 1999.

22.    That the Theatrical Employees' Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

23.   That the Tour Guides Award - State 2012, insofar as it operates in the Queensland Local Government sector (excluding Brisbane City Council), be repealed on and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

24.    That the Clerks - Private Sector Award 2010, an award of the Fair Work Commission, not continue to operate in the Queensland Local Government sector (excluding Brisbane City Council) as and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

25.    That the Professional Employees Award 2010, an award of the Fair Work Commission, not continue to operate in the Queensland Local Government sector (excluding Brisbane City Council) as and from 30 September 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.

CATCHWORDS:	MAKING OF A MODERN AWARD - Section 140C(1) of the Industrial Relations Act 1999 - Request from the Attorney-General and Minister for Justice that modern award for Local Government sector be made by 30 September 2014 - Local Government Industry Award - State 2014 - Modern Award made
CASES:	Industrial Relations Act 1999, ss 71LA, 71LB, 71M, 71MA, 71MB, 71MC, 71N, 71NA, 71NB, 71NC, 71ND, 71O to 71OK 140C, 140CC, 140D.
Industrial Relations Regulation 2011, reg 146A Scott v Handley [1999] FCA 404. Electrical Engineering Award - State (1963) 54 QGIG 423. Queensland Council of Unions and Or AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (2003) 173 QGIG 1417. Re: Referral pursuant to s 140C(1) of the Industrial Relations Act 1999 for a modern award - Local Government [2014] QIRC 089.
Award Modernisation - Decision - Full Bench [2009] AIRCFB 345. Award Modernisation - Decision re Stage 4 Modern Awards [2009] AIRCFB 945. Award Modernisation Decision - Full Bench [2009] AIRCFB 345. Australian Municipal, Administrative, Clerical and Services Union re Airline Operations Ground Staff Award 2010 [2010] FWAFB 965.
APPEARANCES:	Mr C. Murdoch, Counsel instructed by Clayton Utz for the Local Government Association of Queensland Ltd
Ms M. Robertson, of The Queensland Services, Industrial Union of Employees Mr B. Watson, of The Australian Workers' Union of Employees, Queensland Ms K. Allen, of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Ms K. Inglis, of The Electrical Trades Union of Employees, Queensland Ms M. Delaware, of the Plumbers & Gasfitters Employees' Union Queensland, Union of Employees Mr A. Carter, of the Transport Workers' Union of Australia, Union of Employees (Queensland Branch) Ms L. Booth, of the Queensland Nurses' Union of Employees Ms K. Scott, of The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Mr J. Spriggs, of the Queensland Independent Education Union of Employees Ms K. Badke, of United Voice, Industrial Union of Employees, Queensland Mr R. Reitano, Counsel instructed by Hall Payne Lawyers for the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland (at the hearing on 11 September 2014 only) and Mr T. O'Brien on 20 and 21 September 2014

[2]     Directions for the further conduct of the matter were issued to those organisations involved in the Queensland local government area (excluding Brisbane City Council) on 22 August 2014. In this decision, any reference to the Local Government sector is a reference to the sector excluding the Brisbane City Council. Those directions sought the filing of objections to the proposed award by close of business on 25 August 2014 and notified the Objectors of a proposed hearing of their objections on Saturday 20 and Sunday 21 September 2014. Objections to the proposed award were received from the following organisations:

The Association of Professional Engineers, Scientists and Managers, Australia,

Queensland Branch, Union of Employees (APESMA) in MA/2014/114;

Local Government Association of Queensland Ltd (LGAQ) in MA/2014/115 and

MA/2014/129;

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

(PGEU) in MA/2014/116;

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)

(TWU) in MA/2014/117;

The Australian Workers' Union of Employees, Queensland (AWU) in

MA/2014/118;

The Electrical Trades Union of Employees, Queensland (ETU) in MA/2014/119;

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (AMWU) in MA/2014/120 and MA/2014/127

United Voice, Industrial Union of Employees, Queensland (United Voice) in

MA/2014/121;

Queensland Independent Education Union of Employees (QIEU) in MA/2014/122;

Queensland Nurses' Union of Employees (QNU) in MA/2014/123;

Queensland Services, Industrial Union of Employees (QSU) in MA/2014/124; and

Construction, Forestry, Mining & Energy, Industrial Union of Employees,

Queensland (CFMEU) in MA/2014/125.

These organisations are collectively referred to in this decision as the Objectors.

[3]     Deputy President Bloomfield's referral to the Vice President advised that he had convened eight (8) Conferences of the Objectors during the period February 2014 to August 2014. The Deputy President convened a further Conference of the Objectors following the issuing of the referral.

[4]     After receiving objections from each of the Objectors to Exposure Draft No. 1 of the proposed award, Deputy President Bloomfield issued the AMOD Team's Exposure Draft No. 2 of the proposed award. The Full Bench at a Mention on 28 August 2014 then issued further directions for the conduct of this matter including an opportunity for the Objectors to file additional objections to Exposure Draft No. 2 of the proposed award, the filing of written submissions by 9 September 2014 and the filing of additional submissions by 15 September 2014. Concerns were raised by many of the Objectors as to the limited timeframe within which they were being required to provide their objections and their written submissions.

Timeframe for Making the Modern Award

[5]     The Full Bench has been aware, since the referral of the proposed award to it on 15 August 2014, of the limited timeframe within which it was required to make a modern award for the Local Government sector. In this regard we refer to the following legislative provisions:

"140C Minister may make award modernisation request

(1)

The Minister may give the commission a written notice (an award modernisation request) requesting that an award modernisation process be carried out.

(2)

An award modernisation request must state -

(a)	details of the award modernisation process that is to be carried out; and
(b)	the day by which the process must be completed.

(3)

The day stated in the notice under subsection (2)(b) must not be later than 2 years after the day on which the award modernisation request is given to the commission.

(4)

An award modernisation request may state any other matter about the
award modernisation process the Minister considers appropriate.

(5)

Without limiting subsection (4), the award modernisation request may-

(a) require the commission to -

(i)       prepare progress reports on stated matters about the award modernisation process; and

(ii)      make the progress reports available as stated in the request; or

(b)	state permitted matters about which provisions must be included in a modern award; or
(c)	direct the commission to include in a modern award terms about particular permitted matters; or
(d)	give other directions about how, or whether, the commission must deal with particular permitted matters.

(6)	In this section -
permitted matter means a matter about which provisions may be included in a modern award under chapter 2A, part 3, division 1 or 2."

and

"140CC Procedure for carrying out modernisation process

(1)

The commission must carry out the award modernisation process in
accordance with the award modernisation request.

(2)

Subject to subsection (1) -

(a)	the commission may decide the procedure for carrying out the award modernisation process; and
(b)	without limiting paragraph (a), the commission may inform itself in any way it thinks appropriate, including by consulting with any person, body or organisation in the way the commission considers appropriate.

(3)

To remove any doubt, it is declared that subsection (2) does not limit
the powers of the commission under any other provision of this Act."

[6] The Attorney-General and Minister for Justice (Attorney-General) provided the Vice President with a Request under Section 140C(1) of the Industrial Relations Act 1999 (Act) in January 2014 (Request). In that Request the Attorney-General identified "Local government (excluding Brisbane City Council)" as a priority industry/occupation for award modernisation. That Request provided as follows at paragraph 20:

"When undertaking the award modernisation process with regard to the Local Government sector (excluding Brisbane City Council), the Commission is to give consideration to consolidating the Queensland Local Government Officers Award 1998; the Municipal Officer's Award (Aboriginal and Islander Community Councils) Award 2004; and the Local Government Employees (Excluding Brisbane City Council) Award State 2003 (collectively, the Awards) and creating a new modern Local Government Industry Award covering employers and employees subject to those Awards."

and at paragraph 21:

"When undertaking the award modernisation process with regard to the Local Government sector (excluding Brisbane City Council), the Commission is also to endeavour, where practicable, to review any other awards which underpin Local

Government Agreements which nominally expire throughout the first half of 2014, in order that negotiations for the replacement of those agreements can be commenced in a timely manner."

[7]      At paragraph 17 of that Request, the Attorney-General stated that the Commission was to complete the award modernisation process by 31 December 2014 and at paragraph 18 required the Commission to "as soon as practicable, but by no later than 30 June 2014, have created modern awards for each of the priority industries or occupations identified at paragraph 19 of this request". As mentioned previously, the Local Government sector was one of those priority industries or occupations.

[8]      That Request was placed on the Commission's website in January 2014. The Request signed by the Attorney-General was also provided to the Queensland Council of Unions to disseminate to its affiliates. All Objectors to this proposed award would thus have been aware, as at January 2014, of the timeframe for completion of a modern award for the Local Government sector, i.e. by 30 June 2014.

[9] On 2 May 2014, the Attorney-General forwarded a Variation to his earlier Request under s 140C(1) of the Act (May Variation). The May Variation resulted from concerns about the timetable for the completion of award modernisation expressed to the Attorney- General by the Vice President. The May Variation extended the deadline for the Commission to complete a modern award for the Local Government sector from 30 June 2014 to 31 August 2014. The May Variation was placed on the Commission's website shortly after it was received so that all Objectors to this proposed award would have been aware of that extended deadline.

[10] In correspondence received by the Vice President on 29 August 2014, the Attorney- General issued a further Variation to his Request under s 140C(1) of the Act (August Variation). In the August Variation the deadline for the Commission to make an award for the Local Government sector was extended to 30 September 2014. The August Variation was placed on the Commission's website shortly after receipt and was thus available to all Objectors to the proposed award.

[11]   In the initial Request under s 140C of the Act and in both the May Variation and the August Variation, the Attorney-General stated in paragraph 18(b) that the Commission shall "where an agreement has become a 'continuing agreement', ensure that the relevant award or awards are modernised no later than the nominal expiry date of the 'continuing agreement'. The nominal expiry date of a number of 'continuing agreements' in the Local Government sector is 1 October 2014 whilst other 'continuing agreements' in the sector have a nominal expiry date of 17 October 2014 and others, a nominal expiry date beyond 17 October 2014". Under paragraph 18(b) of the Attorney-General's Request and his Variations the Commission must make a modern award for the Local Government sector by 1 October 2014.

Appeal and Adjournment Application

[12]    Following the issuing of directions for the further conduct of this matter at a Mention on 28 August 2014, the CFMEU filed, on 1 September 2014, a Notice of Appeal (together with a Stay Application) against the Full Bench's directions (C/2014/40). At the Mention of C/2014/40 on 3 September 2014, the Vice President once again advised the parties of

the legislative requirement placed on the Full Bench to make an award for the Local Government sector prior to 1 October 2014, referring the Objectors to the provisions of s 140CC of the Act, the Attorney-General's Request and the August Variation. The Vice President suggested that the CFMEU and all other Objectors represented at that Mention should raise any concerns they may have with the timeframe with the Attorney-General.

[13]    On 11 September 2014, the CFMEU made an oral application to the Full Bench seeking the adjournment/vacation of the hearing dates of 20 and 21 September 2014. Whilst the matter had been listed for Mention only on that date, the Full Bench, in the absence of any objection, decided to hear the CFMEU's oral application. Once again all Objectors to the proposed award were represented at that hearing. During the course of that hearing the Objectors were asked whether they had raised their concerns about the timeframe for the making of a modern award for this sector with the Attorney-General. No Objector, including the CFMEU, indicated that they had raised any concern about the limited timeframe with the Attorney-General.

[14]    In rejecting the CFMEU's oral application the Full Bench indicated that it would deliver its reasons for that decision in due course. Those reasons are contained in this decision.

[15] The CFMEU had been aware since January 2014 that a modern award for the Local Government sector was required to be made by 30 June 2014. Subsequent Variations to that Request have extended the timeframe to 30 September 2014. A perusal of the Attorney-General's Request under s 140C(1) of the Act and the provisions of Chapter 5 Part 8 of the Act would have left the CFMEU in no doubt whatsoever of the timeframe for the making of this modern award. The CFMEU was also aware that some of the Local Government sector's "continuing agreements" expired on 1 October 2014. In its written submission on the adjournment application, the CFMEU acknowledged that Regulation 146A of the Industrial Relations Regulation 2011 prescribed 1 October 2014 as the expiry date of some "continuing agreements" in the Local Government sector and that the expiry date for other "continuing agreements" in the sector was 17 October 2014 i.e. twelve months from the introduction date of the legislation.

[16]   The CFMEU submitted that the rules of procedural fairness were not ousted by provisions in the Act dealing with the making of modern awards in the absence of plain words of necessary intendment. No such plain words of necessary intendment were contained in s 140CC of the Act. The CFMEU submitted that s 140CC of the Act bound the Commission to carry out the award modernisation process in accordance with the Attorney-General's Request but submitted that the timetabling date in the Minister's Request was not binding having regard to the terms of s 140C(2)(b) of the Act.

[17]   It was argued by the CFMEU that s 140C(2)(b) of the Act stipulates when the award modernisation process must be completed (i.e. within 2 years) and that the modernising of awards in the Local Government sector need only thus be completed by 31 December 2015. The Full Bench acknowledges that, pursuant to s 140C(2)(b) of the Act, the award modernisation process must be completed by 31 December 2015 (i.e. the modernisation of all awards within the Commission's jurisdiction). It is, however, the Full Bench's view that the finalisation of the whole process of award modernisation by 31 December 2015 does not enable the Commission to disregard the provisions of s 140CC(1) of the Act, i.e. that the Commission must carry out the award modernisation process in accordance with the award modernisation Request of the Attorney-General. The Request provides a

program for the completion of the award modernisation process by 31 December 2015. The program has obviously been developed by the Attorney-General taking into account a number of factors including the nominal expiry dates of "continuing agreements".

[18]    The CFMEU further submitted that the obligations of procedural fairness should prevail over the Attorney-General's Request, contending that the CFMEU was entitled to a fair opportunity to prepare a case. The CFMEU relied on the decision in Scott v Handley.0F1

Whilst Scott v Handley is authority for the proposition that the refusal of an application for an adjournment may, in some circumstances, involve a denial of procedural fairness, the factual circumstances in that case bear no resemblance to the factual circumstances confronting the Full Bench. The Full Bench is faced with a legislative enactment (when read with the Attorney-General's Request) that requires the Full Bench to make a modern award for the Local Government sector no later than 30 September 2014. The decision in Scott v Handley is clearly distinguishable from the facts and circumstances existing in these matters.

[19]    When considering the procedural fairness submission it is also relevant to note that the CFMEU's application to adjourn/vacate the hearing of the making of an award for the Local Government sector was opposed by the LGAQ and no other Objector supported the CFMEU's application.

[20]    The remainder of the Objectors have, since directions were issued for the further conduct of these matters, provided detailed and comprehensive submissions and affidavits in support of their objections: see Exhibits 2 to 9 and Identified Documents F to ZA. We acknowledge that the timeframes for the making of a modern award in the sector are relatively short. We do not, however, accept the submission of the CFMEU that the Commission can ignore the provisions of s 140CC(1) of the Act (including the Attorney- General's Request and Variations). Further, we reject the CFMEU's submission that s 140C(2)(b) of the Act enables the Full Bench to make a modern award in the Local Government sector at a time after 1 October 2014 but before 31 December 2015.

[21]    It is to be noted that, at the Mention of these matters on 17 September 2014, the CFMEU announced an appearance through another industrial organisation of employees, United Voice. The CFMEU filed no affidavits in the proceedings and no written submissions, other than a "one liner" saying it supported and adopted the written submissions of the AMWU, the ETU and the PGEU. An appearance was entered by Mr O'Brien for the CFMEU at the hearing on 20 or 21 September 2014 however he did not seek to address the Full Bench on any matter whatsoever. Unlike other industrial organisations of employees who put considerable time and effort into preparing for the hearing of these applications, the CFMEU did not appear to put any effort whatsoever into representing the interests of its members in the Local Government sector.

Legislation - Modernisation of Awards

[22]    Under Chapter 2A Part 3 of the Act:

• a modern industrial instrument (including a modern award) must only include
provisions that are required or permitted under s 71LA of the Act;

• a modern industrial instrument (including a modern award) must not include
non-allowable provisions as outlined in s.71LB;

• the required content of a modern industrial instrument (including a modern
award) is specified in ss 71M to 71MC;

• permitted content of a modern industrial instrument (including a modern
award) is specified in ss 71N to 71ND; and

• the non-allowable content for a modern industrial instrument (including a
modern award) is specified in ss 71O to 71OK.

[23]    In modernising awards, the Commission is required by s 140D(1) to provide a minimum safety net of employment conditions that is fair and relevant. Section 140D(2) then provides for those matters that the Commission must have regard to in exercising this jurisdiction.

[24]    Subsections 140D(1) and (2) of the Act provide:

"(1) In exercising its chapter 5A powers, the commission must ensure modern awards, together with the Queensland Employment Standards, provide a minimum safety net of employment conditions that is fair and relevant.

(2)

For subsection (1), the commission must have regard to the following-

(a)	relative living standards and the needs of low-paid employees;
(b)	the need to promote social inclusion through increased workforce participation;
(c)	the need to promote flexible modern work practices and the efficient and productive performance of work;
(d)	the need to ensure equal remuneration for male and female employees for work of equal or comparable value;
(e)	the need to provide penalty rates for employees who -

(i)       work overtime; or

(ii)      work unsocial, irregular or unpredictable hours; or

(iii)    work on weekends or public holidays; or

(iv) perform shift work;

(f)

the likely impact of the exercise of the chapter 5A powers on business, including on productivity, employment costs and the regulatory burden;

(g)

the need to ensure the modern award system -

(i)	is simple and easy to understand; and
(ii)	is certain, stable and sustainable; and
(iii)	avoids unnecessary overlap of modern awards;

(h)

the financial position considerations, including the likely impact of the exercise of the chapter 5A powers on those considerations;

(i)         the likely impact of the exercise of the chapter 5A powers on-

(i)       employment growth and inflation; and

(ii)     the sustainability, performance and competitiveness of the Queensland economy."

[25]    Otherwise the provisions of Chapter 5A Part 1 and 2 of the Act set out the requirements for the modernisation of awards.

Brief Outline of Local Government Sector

[26]    The LGAQ relied upon an Affidavit of Shaun Blaney (Exhibit 7) which outlined some detail about the industrial arrangements in the Local Government sector. The following evidence of Mr Blaney was based on a survey conducted by the LGAQ in in 2013:

•	the Local Government sector is currently comprised of seventy-six (76) local government employers. With the addition of four new de-amalgamated local government employers there will be eighty (80) such employers. These local governments are affected by the making of a modern award for the sector;
•	these local governments employ approximately 32,771 employees;
•	approximately 30 different pre-modernised awards apply to these employees. The Full Bench has only been able to identify twenty (20) such awards (including two modernised awards of the Fair Work Commission) and these have been identified in the proceedings as AA to TT;
•	approximately 29,849 of the 32,771 employees are presently covered by the Queensland Local Government Officers' Award 1998 and the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 i.e. approximately 91% of employees were covered by these two awards;
•	the employees in sixty-one (61) of the local governments (including four recently de-amalgamated local governments) are currently covered by pre- award modernised certified agreements;
•	nineteen (19) local governments do not have pre-award modernised certified agreements; and
•	these local governments provide a diverse range of services and operations including road maintenance and building, civil construction, building and
construction code enforcement, local laws creation and enforcement, environmental and health management, economic development management, water and sewerage services, pest, vector control and lands protection services, animal welfare and control, aged care and child care, immunisation services, rubbish collection and waste management, libraries, civic centres, tourist information centres, health and fitness centres and aquatic facilities, administration, disaster management, operation of community morgues, operation of cemeteries, parks and gardens maintenance and operation of airports and aerodromes.

Exposure Draft of Modern Award

[27]    There were no objections to eight clauses of the Modern Award Exposure Draft No. 2 (Exposure Draft), and the Full Bench is satisfied that those clauses should be included in the modern award i.e.

• clause 1 - Title

• clause 5 - Queensland Employment Standards and the Award

• clause 7 - Consultation

• clause 14 - Superannuation

• clause 21 - Parental Leave

• clause 24 - Jury Service

• clause 27 - Service Leave

• clause 30 - Patient Escort

• clause 34 - Employees required to report directly to the job site.

Two Preliminary Issues

[28]   Whilst the Exposure Draft envisaged a Schedule identifying certain transitional arrangements, such as the date when the modern award would apply to each local government, the Full Bench advised the Objectors at a hearing on 17 September 2014 that it would not include such a Schedule in the modern award. This is because of the difficulties in requiring amendments to the award as and when the modern award has application to a particular local government. The Full Bench, however, did indicate that the Industrial Registry would keep a record (such as that envisaged in Schedule 6 of the Exposure Draft) of the dates as and when the modern award applies to each of the local governments. This document will be available to both employers and employees in the Local Government sector via the Commission's website.

[29] The Full Bench also received a submission from Northern SEQ Distributor-Retailer Authority (Unitywater) - a non-local government - seeking a specific exemption from the proposed modern award in anticipation of a specific industry modern award being created for the water industry. The Full Bench indicated that any modern award it would make in these proceeding would be subject to s 824 of the Act. Section 824 provides as follows:

"824 Modern award does not apply to employee covered by continuing

agreement or determination

(1)	A modern award does not apply to an employee, or to an employer or employee organisation in relation to the employee, at any time when the employee is covered by a continuing agreement or determination.
(2)	In this section -
continuing agreement or determination means either of the following to which section 826 applies -

(a) a certified agreement;

(b) an arbitration determination under chapter 6."

[30]    Because this modern award will have no application to Unitywater, the Full Bench will not make any exemption clause in respect of Unitywater. The existing industrial arrangements under which Unitywater operates will continue to exist as at 1 October 2014.

Arbitrated Clauses of the Proposed Modern Award

[31]    The Full Bench provided the Objectors (late on 17 September 2014) with drafts of thirty- one (31) clauses of a proposed modern award where it had formed a preliminary view based on the following:

• all written submissions filed by the Objectors which are marked as identified
documents F to ZA in the proceedings ;

• the Affidavits of evidence filed by the Objectors which are marked Exhibits 2 to 9
in the proceedings;

• the existing awards in the Local Government sector which are marked as identified
documents AA to TT in the proceedings; and

• the material supplied to the Objectors by the AMOD Team during the period February to September 2014 and which are marked as identified documents B to E in the proceedings.

[32]   Revised versions of the Full Bench's preliminary views on all thirty-four (34) clauses (not including the Schedules) were circulated to the Objectors on 19 September 2014. These preliminary views were also based on the abovementioned Exhibits and identified documents. The provision to the Objectors of the preliminary views of the Full Bench was to enable the Objectors, at the hearing on 20 and 21 September 2014, to address their concerns about those preliminary views. In this decision we intend to deal with thirty (30) of those clauses in the first instance. The position of the Full Bench on the remaining clauses will then be addressed, i.e.:

• Clause 9 - Types of Employment;

• Clause 12 - Classifications and minimum wage and salary levels;

• Clause 13 - Allowances; and

• Clause 15 - Hours of Work.

1. Clause 1 - Title: There was no objection to the Exposure Draft proposal and the title has been accepted by the Full Bench.

2. Clause 2 - Operation and Transitional Arrangements: The Full Bench has decided the following in respect of Clause 2 of the Exposure Draft:

(a)	to amend Clause 2(a) of the Exposure Draft to remove any reference to Schedule 6.
(b)	to accept the LGAQ's proposal that clauses, other than clause 1 and clause 2 of the Award, not operate until 1 January 2015. There was no objection to this amendment;
(c)	remove Clause 2(c) of the Exposure Draft given that there are now no transitional arrangements as envisaged by the clause in the proposed award;
(d)	not to accept the AWU's proposal to delete the Exposure Draft Clause 2(b). The AWU submits that any new additional monetary benefit should be paid to employees and not absorbed into overaward payments. A provision similar to that in the Exposure Draft is contained in federal modernised awards. and the Full Bench is of the view that the Exposure Draft Clause 2(b) should be retained although it is renumbered; and
(e)	otherwise to accept the provisions contained in Clause 2 of the Exposure Draft.

[35]  Clause 3 - Definitions and interpretation: The Full Bench has decided the following in respect to Clause 3 of the Exposure Draft:

(a)	to insert a definition of "afternoon shift" such that it means a shift finishing after 1800 and at or before 2400. This definition is consistent with the provision in Clause 15(d) of the Exposure Draft;
(b)	to insert a definition of "night shift" such that it means a shift finishing after 2400 and at or before 0800. This definition is also consistent with the provision in Clause 15(d) of the Exposure Draft;
(c)	to insert a definition of "double rates" to mean "twice the applicable rate which would otherwise apply". The LGAQ has sought the inclusion of a "double rates" definition and referred the Full Bench to a decision of President Hanger in Electrical Engineering Award - State (1963).1F2 As a

result the Full Bench agreed to insert the above definition;

(d)	to include a definition of "nursing employee" to mean a registered nurse, an enrolled nurse or an assistant in nursing. This is to clarify the term where it appears in the body of the modern award;
(e)	not to amend the definition of "shift work" as sought by the QSU as we are of the view that the Exposure Draft proposal adequately deals with the issue;
(f)	not to include a definition of "salaried officer" as sought by the QSU as we are of the view that it is not necessary or desirable;
(g)	not to accept the proposals of the LGAQ in respect of "afternoon shift", "day work", "night shift", "shift work", "shift worker" or "working year" as the terms contained in the Exposure Draft appear to be more appropriate;
(h)	not to accept the LGAQ's proposal to insert a definition of "existing employee" which would exclude many current employees (casual employees and any employee accepting a new position or being promoted to a new position after the commencement of the modern award). The Full Bench does not accept the LGAQ's proposal which is said to be needed if the Full Bench accepts the LGAQ's proposed Schedules B and C to the modern award. The Full Bench's view on the LGAQ's proposed Schedules B and C are dealt with later in this decision; and

(i)       otherwise to accept the provisions contained in Clause 3 of the Exposure Draft.

1. Clause 4 - Coverage: The Full Bench has decided the following in respect of Clause 4 of the Exposure Draft:

(a)	to accept the QSU's proposal to insert the term "senior" before "officer" where the term appears in Clause 4.2(c); and
(b)	otherwise to accept the provisions contained in Clause 4 of the Exposure Draft.

[37]   Clause 5 - Queensland Employment Standards: There was no objection to the Exposure Draft proposal and the Full Bench accepts that proposal other than to amend slightly the name of the clause.

1. Clause 6 - Individual Flexibility Arrangements and Facilitative Award Provisions: The Full Bench has decided the following in respect of Clause 6 of the Exposure Draft:

(a)	to accept the LGAQ's proposal in respect of clause 6.2(b) that employees can be represented by persons other than union delegates and union officials. Whilst we have not accepted the LGAQ's proposal that the sub-clause should only read "employees may be represented" we have amended the Exposure Draft clause to read "[e]mployees may be represented by their local union delegate/s, their union official/s or any other person authorised to represent them";
(b)	not to accept the LGAQ's proposal for an additional Clause 6.2(f). Such a provision is not currently available in the Local Government sector and, in the Full Bench's view, the award modernisation process is not the process to introduce such a provision; and
(c)	otherwise to accept the provisions contained in Clause 6 of the Exposure Draft.

1. Clause 7 - Consultation: There was no objection to the Exposure Draft proposal and the Full Bench accepts that proposal.

2. Clause 8 - Dispute Resolution: The Full Bench has decided the following in respect of Clause 8 of the Exposure Draft:

(a)	to accept the proposal by the LGAQ to delete the proposed Clause 8.2(f) and in lieu thereof insert two new paragraphs. The deletion and the insertion of a new Clause 8.2(f) and (g) is consistent with similar provisions in Clause 8.1(f) and (g). There was no objection to Clause 8.1(f) and (g) and it would seem appropriate to retain consistent provisions. We do however note the objection by the QNU;
(b)	to renumber the remainder of the paragraphs in Clause 8.2; and
(c)	otherwise to accept the provisions contained in Clause 8 of the Exposure Draft.

1. Clause 10 - Termination of Employment: The Full Bench has decided the following in respect to Clause 10 of the Exposure Draft:

(a)	not to accept the LGAQ's proposal with respect to Clause 10.2(a) which would require all employees to give the same notice as an employer is required to give to terminate employment. The LGAQ argues that a separate notice period should be removed and that all local government employees should be required to give the same notice as the employer. Currently, those persons employed pursuant to the Local Government Employees (Excluding Brisbane City Council) Award - State 2003 and other blue collar awards are only required to give one week's notice when terminating their employment. The Full Bench does not see any administrative difficulty in retaining that provision and Clause 10.2(a) in the Exposure Draft is accepted;
(b)	to accept the AWU's proposal to increase the wage level specified in the Exposure Draft proposal in Clause 10.2(a) and (b) from wage level 6 to wage level 9 i.e. the current wage level whereby employees are only required to give one week's notice on termination; and
(c)	otherwise to accept the provisions contained in Clause 10 of the Exposure Draft.

1. Clause 11 - Redundancy: The Full Bench has decided the following in respect of Clause 11 of the Exposure Draft:

(a) not to accept the proposal from the LGAQ to remove the proposed Clause 11.3. This clause reflects the provisions in the Termination, Change and Redundancy Clause Statement of Policy issued by a Full Bench of this Commission in 1984 and confirmed by a Full Bench in 2003.2F3 The Full

Bench sees no basis for removing that provision in the award modernisation process; and

(b) otherwise to accept the provisions contained in Clause 11 of the Exposure Draft.

1. Clause 14 - Superannuation: There was no objection to the Exposure Draft proposal of Clause 14 and the Full Bench accepts that proposal.

2. Clause 16 - Meal Breaks: The Full Bench has decided the following in respect of Clause 16 of the Exposure Draft:

(a)	to accept the LGAQ proposal and insert the words "full-time" in Clause 16(a) and include the words "at times convenient to maintain the continuity of work" at the end of that Clause;
(b)	not to accept the LGAQ's proposal to insert after the words "shift workers" in Clause 16(i) the words "working a continuous or non-continuous shift arrangement". The definitions of "shift worker" and "shift work" in Clause 3 of the proposed award provides that "shift workers" work as part of a non- continuous shift system or a continuous shift work system;
(c)	to accept the LGAQ's proposal to amend Clause 16(c) to insert the words "timing and" before the word "duration"; and
(d)	otherwise to accept the provisions contained in Clause 16 of the Exposure Draft.

1. Clause 17 - Rest Pauses: The Full Bench has decided the following in respect of Clause 17 of the Exposure Draft:

(a)	to accept the AMWU, ETU and PGEU's proposal to delete the words "[w]here practicable" from the commencement of the proposed Clause 17(a);
(b)	to accept the LGAQ's proposal to include in the proposed Clause 17(a) the word "full-time" before the word "employee";
(c)	to accept the LGAQ's proposal in respect of Clause 17(b) to delete from the Exposure Draft proposal the words "to be taken in the first part of the ordinary working day";
(d)	to accept the LGAQ's proposal with respect to Clause 17(c) of the Exposure Draft proposal (i.e. rest pauses for part-time and casual employees). The Full Bench has, however, decided to provide for two clauses i.e. Clause 17(c) and Clause 17(d) rather than the one proposed by the LGAQ; and
(e)	otherwise to accept the provisions contained in Clause 17 of the Exposure Draft.

1. Clause 18 - Overtime: The Full Bench has decided the following in respect of Clause 18 of the Exposure Draft:

(a)	not to accept the AMWU, ETU and PGEU's proposal to delete the number "2" and replace it with the number "3" in Clause 18.2(a) and (c) of the Exposure Draft. Members of these Objectors working in the Local Government sector currently get paid at the rate of time and one-half for the first 2 hours and double time thereafter. Under the Exposure Draft provision they would be required to work 3 hours of overtime before getting paid the double time rate. The great majority of employees in the Local Government sector currently work 3 hours of overtime before being entitled to the double time rate. It is thus appropriate, in all the circumstances, for the same provision to apply to all employees in the Local Government sector and, in that regard, the Exposure Draft proposal is accepted;
(b)	not to accept the LGAQ's proposal to insert a new Clause 18.3(c) i.e. "in calculating double time prescribed by Clause 18.3(b), shift allowance shall not be included". We have already decided to include a definition of "double rates" in the modern award. The LGAQ submits that the clause should be amended to address compounding penalties and should make it clear that the shift allowance is not included in the calculation of double time. Further, the LGAQ argues that under the proposal, "shift workers" could include employees who have fixed hours and do not rotate and they would be entitled to the provisions of this clause. The Full Bench has formed the view that Clause 18.3(c) in the Exposure Draft is appropriate and reflects existing arrangements;
(c)	not to accept the AWU's proposal to delete the Exposure Draft Clause 18.4 which provides for time off in lieu of overtime. The AWU's argument is that employees covered by the current Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 do not have a time off in lieu of overtime provision. The AWU is concerned that employees may be pressured into accepting time off in lieu of overtime payments. The great majority of Local Government employees currently have the ability to opt for time off in lieu of overtime payments and the proposal provides that "subject to mutual agreement between the employer and an employee", employees may be granted time off in lieu of overtime payments. The Full Bench has no difficulty with the proposal being extended to those employees currently covered by the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003;
(d)	not to accept the LGAQ's proposal to replace the "wage level 17.1" in proposed Clause 18.4(a) with "wage level 6" of its classification structure. The Exposure Draft proposal has employees classified at wage level 17.1 (i.e. in receipt of a minimum weekly salary of $992.50 prior to the State Wage Case decision adjustment) or above not being entitled to payment for overtime but rather only entitled to time off in lieu of overtime. The LGAQ's proposal would appear to exclude those with a minimum weekly salary of $858.60 being excluded from an entitlement to payment of overtime. The Full Bench considers the Exposure Draft proposal to be appropriate in the circumstances and agrees that employees earning a weekly salary of anything less than $992.50 should be entitled to overtime payments and/or time off in lieu when they work such overtime;
(e)	not to accept the AWU, AMWU, ETU and PGEU's proposal to amend Clause 18.5(a) (b) and (c) (the Recall to duty - other than from on call provision) by deleting the number "3" and inserting the number "4" on the basis that the Engineering Award - State 2012 prescribes a minimum payment of 4 hours when recalled to duty. Once again, the majority of employees in the Local Government sector have a recall to duty minimum payment of 3 hours and the Full Bench is of the view that a common minimum recall to duty is appropriate in all the circumstances;
(f)	not to accept the QSU's proposal to delete Clause 18.5(b) which requires employees recalled to perform duty to perform additional work of a breakdown or emergent nature if such arises during the course of the work the subject of the recall. The QSU's position is that this requirement is dealt with in the "unforeseen circumstances" reference in Clause 18.5(a). The Full Bench is of the view that the proposal in Clause 18.5(b) is not envisaged in the proposed Clause 18.5(a) and that (b) should thus remain in the modern award;
(g)	to partly accept the LGAQ's proposal to insert a new Clause 18.5(f), i.e. that the minimum payment prescribed in Clause 18.5(a) shall not apply in respect of subsequent call-outs on the same day. The Full Bench has determined that subsequent recalls to duty on the one day deserve an additional minimum payment of 3 hours. Thus, the Full Bench has decided that an employee would be entitled to a maximum of six (6) hours of minimum callout payments on the one day;
(h)	to accept the LGAQ's proposal to insert the word "reasonable" prior to the word "cost" in Clause 18.6;

(i)       not to accept the AWU's proposal to delete the amount of "$40.00" in Clause 18.7(a)(iii) and (iv) and replace it with "8 hours pay". The AWU's submission is that the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 currently prescribes 8 hours pay as the payment for being on call on a Sunday or a public holiday. The current clause results in a different payment for this disability depending upon the wage level received by the employee who is on call on a Sunday or public holiday. The Full Bench has formed the view that the payment of 8 hours pay for

being on call on a Sunday or public holiday is an excessive additional payment. The remainder of the Local Government employees currently receive the provisions as outlined in Clause 18.7(a)(iii) and (iv) of the Exposure Draft. Whilst we accept that the Exposure Draft proposal would result in a reduction in the money paid to AWU members when on call on a Sunday or public holiday, a clause requiring 8 hours pay is not a provision that we could insert into a modern award;

(j)	not to accept the LGAQ's proposal to amend the title of Clause 18.7 to "On call allowance";
(k)	not to accept the LGAQ's proposal with respect to the Exposure Draft Clause 18.8. The LGAQ seeks to have the 3 hours in Clause 18.8(a) paid for at the employee's "ordinary rate" rather than at the "prescribed overtime rate". The proposal in the Exposure Draft is the standard, and the Full Bench has decided that the award modernisation process is not the place to introduce a reduction in the rate for all employees covered by the proposed award;
(l)	to partly accept the LGAQ's proposal to insert a new sub-clause whereby the minimum payment in Clause 18.8(a) shall not apply in respect of subsequent call outs on the same day. This is similar to the LGAQ's proposal with respect to Clause 18.5. The Full Bench has already agreed to an amendment to Clause 18.5 and to be consistent, a similar amendment should also be made to Clause 18.8, i.e. there shall be a maximum of six hours per day of the minimum payment;
(m)	to accept the LGAQ's proposal for a definition of "double rates" which has been included in Clause 3 of the modern award;
(n)	to accept the AMWU, ETU and PGEU's proposal to vary the term "clause 16" in Clause 18.10 to "clause 13(k)". This was an obvious drafting error in the Exposure Draft;
(o)	not to accept the LGAQ's proposal to remove Clause 18.10 (Meal breaks on overtime) as the provisions have been referred to elsewhere in the proposed modern award. Whilst the Full Bench accepts that the provision is dealt with under the proposed Clause 16 (Meal Breaks) we can see no reason why it cannot also be included under Clause 18 (Overtime) as it relates to meal breaks whilst on overtime. We do, however, accept that the reference in 18.10(b) to Clause 16 should be a reference to Clause 16(d); and
(p)	otherwise to accept the provisions in the proposed Clause 18 of the Exposure Draft.

1. Clause 19 - Annual Leave: The Full Bench has decided the following in respect of Clause 19 of the Exposure Draft:

(a) to accept the QNU's proposal for an additional week of annual leave for nursing employees. This has been dealt with in Schedule 5 of the modern award rather than in the Annual Leave clause. The existing annual leave

provision for all nurses not working a continuous shift roster is 5 weeks. The Full Bench is not prepared to alter that provision when a modern award for nursing employees in Queensland Health has yet to be finalised;

(b)	in relation to the QSU's proposal for an additional week of leave for salaried officers in certain divisions or districts in Queensland, the Full Bench has indicated that it will enable the QSU to make an application to the Commission prior to 30 November 2014 to have this additional week of leave for salaried officers arbitrated. We therefore continue the operation of the provisions of Clause 23.1.2 of the Queensland Local Government Officers' Award 1998 (Transitional) and Clause 20.1.2 of the Municipal Officers' Award (Aboriginal and Islander Community Councils) Award 2004 until 31 March 2015. Should an application be filed in the Industrial Registry prior to 30 November 2014, the Commission will hear and determine such an application by 10 March 2015. The QSU has submitted that the additional week of leave is relied upon by employees in regional and remote areas to enable them to access leave and travel. The Full Bench has indicated that there may be some basis for the granting of the additional leave in some regional areas but that the Commission would need to hear evidence in support of such an additional leave entitlement. Whilst the QSU submits that this entitlement has existed for salaried officers since 1959, the Full Bench did indicate that the factors affecting travel within Queensland have changed markedly since 1959;
(c)	not to accept the LGAQ's proposal to insert in Clause 19.1(a) and (b) the words "performing continuous or non-continuous shift arrangements" after the words "shift worker". We have not accepted such a submission earlier in this decision;
(d)	to partly accept the LGAQ's proposal to enable more than one close down in a twelve (12) month period. We have agreed to allow a potential second close down in a 12 month period where the local government obtains the agreement of a majority of the employees affected by the proposed close down. The affected employees will need to agree to the second close down and to the duration;
(e)	to extend the notice period in Clause 19.2(a) to 90 days;
(f)	not to accept the AWU's proposal for all employees to be able to take accumulated time off/rostered days off rather than limiting that provision to employees who are not then qualified for sufficient annual leave to cover the period of the close down;
(g)	not to accept the QSU's proposal which is based on Clause 23.10 of the Queensland Local Government Officers' Award 1998 (Transitional). This provision places restrictions on the first time an officer participates in a close down, i.e. that the officer proceed on leave only for that period where the officer has accrued leave at the time of the commencement of the close down. The QSU also seeks a period of notice of six months in respect of a close
down and the Full Bench has formed the view that 90 days' notice is sufficient in the circumstances; and
(h)	otherwise to accept the provisions in the proposed Clause 19 of the Exposure Draft.

1. Clause 20 - Personal Leave: The Full Bench has decided the following in respect of Clause 20 of the Exposure Draft:

(a)	not to accept the proposal from QSU and APESMA in lieu of the Exposure Draft Clause 20(c). QSU and APESMA object to the Exposure Draft proposal as it reduces the entitlements currently enjoyed under the Queensland Local Government Officers' Award 1998 (Transitional) from 15 days personal leave per year to 10 days per year. The Exposure Draft proposal is to reduce the entitlement of 15 days leave on full pay per annum to 10 days per annum over a period from 1 January 2015 to 1 January 2020. The current QES is 10 days per annum of personal leave. Existing employees covered by the Queensland Local Government Officers' Award 1998 (Transitional) will continue to have available to them any accrued personal leave as and when the modern award becomes applicable to the particular Local Government. It should also be noted that salaried officers of local governments (not including Queensland) have had this entitlement reduced to 10 days as a result of the modernisation of the applicable federal award;
(b)	not to accept the QSU's proposal whereby an arrangement that has existed in the Local Government sector for maintenance of accumulated personal leave to follow employees in the local government industry should be maintained, i.e. if a salaried officer accepts employment in another Local Government the officer takes with them their entitlement to personal leave. This appears to have been an arrangement that has been developed within the Local Government sector in Queensland. The Full Bench is of the view that it is not a matter for insertion into a modern award, although we would support the continuation of such an arrangement within the sector;
(c)	not to accept the QSU's proposal that employees should retain the right to access all accrued personal leave for the purposes of caring responsibilities which the QSU submits would be consistent with the Commission's award modernisation function in s. 140BB(2)(f) and (g) of the Act. Section 71FC of the Act provides that an employee may use up to 10 days of sick leave in each year to care for and support members of the employee's immediate family or household. A distinction needs thus to be made between an accumulation of personal leave prior to the commencement of the modern award and the position once the modern award has application. It is the Full Bench's view that any accumulation of personal leave can be used for the purposes of caring responsibilities prior to the commencement of the modern award for a particular local government. However, once the modern award applies, employees would only be entitled to use 10 days of personal leave in each year as carer's leave;
(d)	not to accept the LGAQ's proposal that Clause 20(c) be deleted as the proposed award should reflect the QES entitlement. This would reduce an entitlement for the majority of employees to be covered by the modern award immediately. The Full Bench prefers the graduated reduction outlined in Clause 20(c) of the Exposure Draft; and
(e)	otherwise to accept the provisions in the proposed Clause 20 of the Exposure Draft.

1. Clause 21 - Parental Leave: There was no objection to the Exposure Draft proposal of Clause 21 and the Full Bench accepts that proposal.

2. Clause 22 - Long Service Leave: The Full Bench has decided the following in respect of Clause 22 of the Exposure Draft:

(a)	not to accept the AMWU, ETU and PGEU's proposal to include a new Clause 22(b) to provide for the portability of long service leave that is currently provided for in Division 2 of the Local Government Regulation 2012. This entitlement is one provided for in the Local Government Regulation 2012 and is not an entitlement under the Act. The Full Bench does not see the need to incorporate an entitlement under another piece of legislation into a modern award of this Commission;
(b)	not to accept the LGAQ's proposal that Clause 22 of the Exposure Draft be deleted as the modern award should reflect the QES entitlement. Clause 22(a) of the Exposure Draft stipulates that Clause 22(b) supplements the QES. The Full Bench is of the view that employees in the administrative, technical, community service, supervisor and managerial (other than Indigenous Councils) group in the General stream and teachers and their assistants in the Children's services and early childhood education stream delivering an early childhood education program should continue to be entitled to the additional long service leave;
(c)	otherwise accepts the provisions in the proposed Clause 22 of the Exposure Draft.

1. Clause 23 - Public Holidays: The Full Bench has decided the following in respect of Clause 23 of the Exposure Draft:

(a)	given the Full Bench's stated view about hours of work it has amended the Exposure Draft Clause 23.4 to reflect that an "additional day's wage" or "a day's holiday in lieu" means one fifth of the ordinary weekly hours paid at the ordinary hourly rate;
(b)	not to accept the LGAQ's proposal to delete Clause 23.1(a)(i) . The LGAQ contends that the Clause does not supplement the QES but merely reflects the position under the QES where an employee is ordinarily required to work on a public holiday but does not work. The Full Bench is of the view that the clause provides clarity and should remain;
(c)	not to accept the LGAQ's proposal to combine Clause 23(1)(a)(ii) with Clause 23.1(c). The Full Bench does not have a problem with either Clause 23(1)(a)(ii) or Clause 23.1(c) as they exist in the Exposure Draft;
(d)	not to accept the LGAQ's proposal in respect of Clause 23.2(a) of the Exposure Draft. The LGAQ proposes that the words "in which case work performed on the public holiday shall not be subject to the public holiday penalties under sub-clauses 23.1(a) or (b)" be added at the end of Clause 23.2(a). The Full Bench is of the view that the heading to Clause 23.2 (i.e. Substitution) reflects the true position i.e. that an employee is not entitled to both payment and a day off in lieu;
(e)	to accept the LGAQ's proposal to insert an additional sub-clause (b) to Clause 23.3 i.e. the payment for each public holiday or the taking of a substituted day's leave to be equivalent to one fifth of the employee's ordinary weekly hours paid at the ordinary hourly rate. This is a similar provision to Clause 23.4(c); and
(f)	otherwise to accept the provisions in the proposed Clause 23 of the Exposure Draft.

1. Clause 24 - Jury Service: There was no objection to the Exposure Draft proposal of Clause 24 and the Full Bench accepts that proposal.

2. Clause 25 - Professional Development and Study Leave: The Full Bench has decided the following in respect of Clause 25 of the Exposure Draft:

(a)	not to accept the LGAQ's proposal that Clause 25(a) should be deleted as it does not provide an entitlement or impose an obligation and that it is not necessary for a modernised minimum rate award. The Full Bench acknowledges that the term "may" does not provide an entitlement to any employee, but accepts that professional development and study leave for employees should be encouraged. It is on that basis that the Full Bench has agreed to the inclusion of Clause 25(a) in the proposed award;
(b)	not to accept the QSU's proposal for a replacement for Clause 25; and
(c)	otherwise to accept the provisions in the proposed Clause 25 of the Exposure Draft.

1. Clause 26 - Conference Leave: The Full Bench has decided the following in respect of Clause 26 of the Exposure Draft:

(a) not to accept the LGAQ's proposal to delete Clause 26 of the Exposure Draft on the basis that it does not clearly provide an entitlement or impose an obligation and is not necessary for a modernised minimum rate award. The Full Bench accepts that the clause only requires that an employee "may be granted" leave without loss of salary or annual leave to attend approved seminars or annual conferences by a recognised institute or other body deemed relevant. The encouragement of employees to further their body of

knowledge or enhance their skills by attending seminars or conferences is something that should not be discouraged. On that basis the Full Bench has decided to retain the clause as outlined in the Exposure Draft.

1. Clause 27 - Service Leave: Whilst there was no objection to the Exposure Draft Clause, the Full Bench formed the view that the Exposure Draft clause may be contrary to legislation governing leave to attend camps, courses or schools of Her Majesty's Naval, Military or Air Forces. In that regard the Full Bench has amended the Exposure Draft proposal to conform with relevant legislation.

2. Clause 28 - Transfer and Appointment Expenses: The Full Bench has decided the following in respect of Clause 28 of the Exposure Draft:

(a)	to redraft the Exposure Draft Clause 28 to deal with the QSU's objections to the Exposure Draft proposal;
(b)	to accept the LGAQ's proposal to insert the word "temporary" at the commencement of Clause 28(b)(ii); and
(c)	otherwise to accept the provisions in the proposed Clause 29 of the Exposure Draft.

[57]   Clause 29 - Travelling and Relieving Expenses: The Full Bench has decided the following in respect of Clause 29 of the Exposure Draft:

(a)	not to accept the LGAQ's proposal to delete "actual and reasonable expenses" and to replace the phrase with "the reasonable costs";
(b)	to add Clause 29(b) to the Exposure Draft to provide that "[a]n employee undertaking travel in accordance with Clause 29(a) shall be entitled to be paid at their ordinary rate, to a maximum of 8 hours on any one day" in response to a QSU proposal seeking travelling time; and
(c)	otherwise to accept the provisions in the proposed Clause 29 of the Exposure Draft.

1. Clause 30 - Patient Escort: There was no objection to the Exposure Draft proposal of Clause 30 and the Full Bench accepts that proposal.

2. Clause 31 - Camps: The Full Bench has decided the following in respect of Clause 31 of the Exposure Draft:

(a) not to accept the TWU's proposal to delete the words "reasonable and sufficient standards" with the phrase "in accordance with the provisions of a Schedule". The TWU submits that the Schedule should contain the existing provisions in Clauses 10.1 and 10.2 of the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003. The Full Bench has determined that the existing provisions of Clauses 10.1 and 10.2 of the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 shall be the minimum standard of living for camp accommodation.

Should a Local Government seek to provide camp accommodation at a lesser rate than that currently contained in Clauses 10.1 and 10.2 of the Local Government Employees' (Excluding Brisbane City Council) Award - State 2003 (Exhibit 10 in the proceedings) then the matter should be referred to the Commission under Clause 8 of the modern award for conciliation and/or arbitration;

(b)	to accept the TWU's proposal to include a clause relating to travelling time. The additional Clause 31(b) will provide that "[a]n employee undertaking travel to camp in accordance with Clause 31(a) shall be entitled to be paid at their ordinary hourly rate, to a maximum of 8 hours on any one day"; and
(c)	otherwise to accept the provisions in the proposed Clause 31 of the Exposure Draft.

1. Clause 32 - Equipment and Instruments: The Full Bench has decided the following in respect of Clause 32 of the Exposure Draft:

(a)	to amend the name of Clause 32 to "Equipment and Instruments" rather than the Exposure Draft title of "Tools and Instruments" so as to be consistent with the terms of the clause itself;
(b)	to accept the LGAQ's proposal to insert the words "other than those for which a tool allowance is paid pursuant to clause 13(k)" so that reimbursement is not required where the tool allowance has been paid;
(c)	not to accept the AMWU, ETU and PGEU's proposal based on the current provisions of the Engineering Award - State 2012;
(d)	to insert the term "where practicable" in both Clauses 32(c) and (d); and
(e)	otherwise to accept the provisions in the proposed Clause 32 of the Exposure Draft.

1. Clause 33 - Employees required to report to a depot: The Full Bench has decided the following in respect of Clause 33 of the Exposure Draft:

(a)	to accept the agreed changes to Clause 33 in the Exposure Draft, i.e. Clause 33(a) will now provide "[w]here an employer requires an employee to report to the usual depot and then travel to a job site located within 5 km of the depot, and the employee chooses to use their own vehicle to undertake such travel, the employee will not be paid the allowance prescribed in clause 13(i)"; and
(b)	otherwise to accept the provisions in the proposed Clause 33 of the Exposure Draft.

[62]   Clause 34 - Employees required to report directly to the job site: There was no objection to the Exposure Draft proposal of Clause 34 and the Full Bench accepts that proposal.

[63]   Whilst considerable argument was advanced by the Objectors in respect of the abovementioned provisions of the Exposure Draft, the written and oral submissions on Clauses 9, 12, 13 and 15 were considerably more extensive. Those award provisions are thus dealt with separately.

1. Clause 9 - Types of Employment: The Full Bench's preliminary view on this clause was forwarded to all Objectors on Friday 19 September 2014.

[65]   The QSU raises an objection in relation to Clause 9.1 (Full-time employment) on the basis that it would increase the hours of work for the majority of employees who are to be covered by the modern award from 36.25 hours per week to 38 hours per week. The Full Bench accepts that Clause 9.1 of the Exposure Draft would constitute a significant departure from the current arrangements in which full-time work is defined as 36.25 hours per week. It is submitted to the Full Bench that currently more than 18,184 employees are entitled to 36.25 hours per week as their standard hours of work. The Full Bench also notes that this provision has existed since 1974.

[66]    The argument advanced by the LGAQ is that the standard hours of a full-time employee in the Local Government sector should be 38 hours per week. LGAQ further submit that, by means of transitional provisions, all existing employees working 36.25 hours per week or 37.5 hours per week will have their conditions preserved. In support of this submission, the LGAQ refers to the Local Government Industry Award 2010 (Federal Modern Award), which prescribes 38 hours per week as the standard hours of a full-time employee.

[67] The Objectors do not agree on the hours to be worked. The Full Bench does not accept that the standard hours for all full-time employees in the Local Government sector should be 38 hours per week. Nor do we accept that, as a consequence of a 38 hour week, workers who were originally classified as full-time employees will be deemed to part- time employees.3 F4 The Full Bench rejects the LGAQ's submission in that regard, and we

do not support the proposed Clause 9.1 of the Exposure Draft. In those circumstances,
we are of the view that Clause 9.1 of the Exposure Draft should be amended.

[68]   Accordingly, the Full Bench has decided to delete Clause 9.1 of the Exposure Draft proposal and insert the following new Clause 9.1:

"A full-time employee is one who is engaged to work an average of 36.25, 37.5 or
38 hours per week as prescribed in clause 15 of this award."

[69]    The AWU objects to Clause 9.2 on the basis that it would remove the minimum hours that part-time employees can work as provided for in the Local Government Employees Award - State 2003. The AWU submits that an engagement of less than 10 hours per week would be of limited value to an employee who wants to be engaged in paid employment. In order to address this reduction in the minimum hours of work, the AWU proposes that Clause 9.2(a) should be amended by deleting the existing sub-clause (i) and inserting a new sub-clause (i) in the following terms:

"(i) is engaged to work a regular pattern of ordinary hours each week or fortnight that are less than the ordinary hours worked by an equivalent full-time employee, with a minimum of ten hours per week;"

[70] United Voice also proposes an amendment to Clause 9.2 of the Exposure Draft because, in its view, the Exposure Draft is insufficient to provide for minimum normal and regular hours of work per week for part-time workers. In this regard, the Full Bench's attention is drawn to s 71N of the Act, which deals with types of engagement and arrangements for when work is performed including "hours of work" provisions.

[71]    The Full Bench's attention is also drawn to the Federal Modern Award, which includes a provision for part-time workers whereby the regular pattern of work is agreed to in writing. United Voice submits that the provision dealing with the minimum normal and regular hours of work for part-time workers does not offend the non-allowable content provisions of the Act as it does not restrict the suite of engagement types or flexible rostering practices that are available to an employer.

[72]    United Voice proposes that the following words should be inserted (with the concomitant deletion of certain words denoted by the "strike through" text) into Clause 9.2(a)(i):

"… and for those engaged in the General stream (see clause 12.1(a)) will be employed for a minimum of 10 hours per week, except for those in the health, sports, fitness and tour guides group of the General stream (see clause 12.1(a)) who will be employed for a minimum of 16 hours per week, and whose hours or fortnight that …"

[73]    Further, United Voice submits a new Clause 9.2(a)(iii) should be inserted as follows:

"(iii) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and where practicable the actual starting and finishing times each day."

[74]   The LGAQ submits that the AWU and United Voice proposals are unnecessary. The LGAQ's submissions are premised on full-time employment being an average of 38 hours per week. However, in light of the view expressed by the Full Bench in regard to working hours, it is not necessary to deal with the LGAQ's submission in this regard.

[75]    The LGAQ submits that elements of Clause 9.2 are unnecessary and should be deleted. This is argued in light of the LGAQ's submission regarding ordinary hours of work and transitional arrangements proposed by them for existing 36.25 and 37.5 hour employees under Clause 15.1 of the Exposure Draft. The Full Bench does not accept the LGAQ's submission. We have elsewhere in these reasons made our views known in relation to a change in working hours and our preferred classification methodology. It follows therefore, that we also do not accept the submissions of the LGAQ in regard to Clause 9.2 (b). We accept the deletion of the words "Subject to Clause 9.2(e)".

This amendment is consistent with the Full Bench's deletion of Clause 9.2(e) of the
Exposure Draft

[76]    The only amendment proposed to Clause 9.2 (c) is the insertion of the following words by the AWU:

"Such arrangement should be entered into without duress, in writing and stipulate

how additional hours are to be paid."

The Full Bench does not accept that proposed amendment.

[77]    The AWU suggested the following amendment to Clause 9.2(d):

"(d)	All time worked in excess of the agreed hours will be paid at the appropriate overtime rate. Where a part-time employee is directed to work outside the spread of ordinary working hours or work additional hours in excess of the hours agreed under clause 9.2(a) or as varied under clause 9.2(c) such hours
will be paid at the appropriate overtime rate."

[78]   The LGAQ submitted that Clause 9.2(e) should be amended by the insertion of a new Clause 9.2(e) in the following terms:

"(e) All time worked in excess of the agreed ordinary hours worked under sub- clause 9.2 (b) or as otherwise varied by agreement under sub-clause 9.2 (d), will be paid at the appropriate overtime rate."

[79]    The Full Bench has considered the submissions of the AWU, in relation to Clause 9.2(d), and the LGAQ in relation to the insertion of the proposed Clause 9.2(e) and is not persuaded that the clause needs to be varied in either of the two manners proposed.

[80]    As a consequence of our conclusion in relation to the ordinary hours of work, reflected in the new clause 9.1, the Full Bench has deleted Clause 9.2(e) from the modern award.

[81]    In its submission, the LGAQ notes consequential amendments should be made to Clause 9.3(a) and (b) to reflect the LGAQ's proposal that full-time employment means a 38 hours per week employment and that transitional arrangements be included for existing employees who currently work 36.25 and 37.5 ordinary hours per week. However, in light of the Full Bench's view in relation to full-time employment and its decision not to amend the current working hours arrangements, it is not necessary to make the amendments proposed by the LGAQ.

[82]   The Full Bench does accept that Clause 9.3(c) should be amended to delete the words "subject to clause 9.3(g)".

[83]    The QSU proposes the following variation to Clause 9.3(d) of the Exposure Draft:

"(i) employees in the Administrative, technical, community service, supervisory and managerial (other than Indigenous Councils) group of the general stream who are fulltime students and working as library assistants."

The QSU submits that it is "opposed to reducing the engagement for employees other than students. This award operates in relation to remote and regional areas where travel time can be significant and engagements of less than three hours can result in affected

employees consuming the payment to be received in travel time and associated cost".
The Full Bench decided not to amend the Exposure Draft in this respect.

[84]   The LGAQ submits that the table contained within Clause 9.3 requires amendment to include a new sub-clause (vii) for casual employees undertaking cleaning activities, caretakers or employees working at cemeteries to reflect the minimum two hour payment in clause 4.5.4 of the Local Government Employees' (excluding Brisbane City Council) Award - State 2003. The Full Bench accepts the submission of the LGAQ that clause 9.3(d) should be amended to insert the following:

"(vii) employees undertaking cleaning activities, caretakers or employees working

at cemeteries".

[85]    As a consequence of our conclusion in relation to the ordinary hours of work, reflected in the new clause 9.1, the Full Bench has deleted Clause 9.3(g) from the modern award.

[86]    The LGAQ's primary submission in relation to Clause 9.4 is that it should be deleted as it is not necessary in a minimum safety net award. However, the LGAQ submits that if the Full Bench is not minded to delete the clause, the LGAQ's alternative view is that the clause should be amended to clarify its application. The LGAQ argues that the inclusion of Clause 9.4:

Registered nurse - level 3

(a)

An employee appointed to this level will perform work above and beyond the skill of a Registered nurse - level 2 and will have obtained proficiency and qualification necessary to perform work at this level.

(b)

An employee at this level is required to:

(i)	have obtained a Bachelor Degree in Nursing;
(ii)	hold current registration with the Nursing and Midwifery Board of Australia as a Registered Nurse;

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Queensland Local Government Industry Award - State 2014

(iii)     supervise a range of staff;

(iv)     work under minimal supervision;

(v)       exercise discretion and decision making/responsibilities within their level of skill and training; and

(vi)     demonstrate the effective application of standards in nursing.

(c)

Indicative tasks/skills of this level in addition to those prescribed for a Registered nurse - level 2, may include but are not limited to:

(i)	coordinates service delivery;
(ii)	coordinate and critically evaluate research, processes and outcomes;
(iii)	responsible for resource management;
(iv)	responsible for professional development of staff;
(v)	develop policy and procedures;
(vi)	clinical consultant to staff; or
(vii)	accountable for the management of the human and material resources.

(d)

Indicative titles include:

(i)	Clinical nurse consultant
(ii)	Nurse manager
(iii)	Nurse educator

Registered nurse - level 4

(a)

An employee appointed to this level will perform work above and beyond the skills of a Registered nurse - level 3 and will have obtained proficiency and qualifications necessary to perform work at this level.

(b)

An employee at this level is required to:

(i)	have obtained a Bachelor Degree in Nursing;
(ii)	hold current registration with the Nursing and Midwifery Board of Australia as a Registered Nurse;
(iii)	work under minimal supervision and would supervise other employees;
(iv)	exercise discretion and decision making/responsibility within their level of skill and training; and
(v)	demonstrate the effective application of standards in nursing.

(c)

A Nurse practitioner is required in addition to:

(i)	have obtained a Masters in Nurse Practitioner; and
(ii)	hold current registration with the Nursing and Midwifery Board of Australia as a Nurse practitioner.

(d)

Indicative tasks/skills of this level in addition to those prescribed for a Registered nurse - level 3, may include but are not limited to:

(i)	an expert in clinical practice;
(ii)	research quality indicators and improvements in work practice;
(iii)	being accountable for the effective and efficient management of human and material resources; or
(iv)	being accountable for the development and coordination of nursing management systems.

(e)

Indicative titles include:

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Queensland Local Government Industry Award - State 2014

(i)       Assistant director of nursing

(ii)      Nurse practitioner

Registered nurse - level 5

(a)

An employee appointed to this level will perform work above and beyond the skills of a Registered nurse - level 4 and will have obtained proficiency and qualifications necessary to perform work at this level.

(b)

An employee at this level is required to:

(i)	have obtained a Bachelor Degree in Nursing;
(ii)	hold current registration with the Nursing and Midwifery Board of Australia as a Registered Nurse;
(iii)	responsible to the committee of management, board or senior management;
(iv)	exercise discretion and decision making/responsibility within their level of skill and training and will exercise managerial responsibilities;
(v)	responsible for the formation/establishment of programs, operational procedures and policies; and
(vi)	manage staff and the operation of a health service or facility.

(c)

Indicative tasks/skills of this level in addition to those prescribed for a Registered nurse - level 4, may include but are not limited to:

(i)	accountable for the strategic and operational directions of the facility; or
(ii)	represent and promote the facility to governments and to the local community.

(d)

Indicative titles include:

(i) Director of nursing

PART B - Wage rates, classification and progression

S5.5.1 Wages (adults and juniors)

Classification Level Award Rate Per Week from 1 October 2014

$

Assistant in nursing - level 1	Paypoint 1	740.50
Paypoint 2	751.00
Assistant in nursing - level 2	Paypoint 1	764.00
Paypoint 2	779.00
Assistant in nursing - level 3	802.50
Enrolled nurse - level 1	Paypoint 1	858.50
Paypoint 2	870.50
Enrolled nurse - level 2	Paypoint 1	875.00
Paypoint 2	880.00
Registered nurse - level 1	Paypoint 1	884.50
Paypoint 2	941.00
Paypoint 3	998.00
Paypoint 4	1050.00

Queensland Local Government Industry Award - State 2014

Registered nurse - level 2	Paypoint 1	1097.00
Paypoint 2	1135.00
Registered nurse - level 3	Paypoint 1	1192.00
Paypoint 2	1234.50
Registered nurse - level 4	Grade 1	1348.00
Grade 2	1431.00
Grade 3	1513.50
Registered nurse - level 5	Grade 1	1348.00
Grade 2	1419.00
Grade 3	1513.50
Grade 4	1608.50
Grade 5	1765.50
Grade 6	1932.50
S5.5.2 Progression through grades

Progression for all classifications for which there is more than one paypoint will be by annual movement to the next paypoint, or in the case of a part-time or casual employee 1976 hours of experience, having regard to the acquisition and use of skill described in the definitions contained in Schedule 5, Part A - Definitions and position descriptors.

S5.5.3 Classification levels

(a)

Existing employees - from the date of application of this Award to their employment in accordance with section 824 of the Act, all existing nursing employees will be:

(i)	classified into the appropriate classification and wage level as prescribed in Schedule 5, Part A - Definitions and position descriptors, in accordance with the translation table below; and
(ii)	paid at the wage level assigned to their classification and wage level as prescribed in clause S5.5.1.

Existing classification level New classification level

Nurses Aged Care	Nurses Award -	Nurses	Queensland Local Government
Award - State 2005	State 2005	Domiciliary	Industry Award - State 2014

Services Award -

State 2004

Assistant Nurse:  Assistant in Nursing - Assistant in nursing - level 1.1

Entry	crèches &
Level 1.1	kindergartens:

1st year (junior) 2nd year (junior) 3rd year (junior) 4th year

5th year

Assistant Nurse - Level 1.2 Assistant Nurse - Level 2.1 Assistant Nurse - Level 2.2	Assistant in nursing - level 1.2
Assistant in nursing - level 2.1
Assistant in nursing - level 2.2

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Queensland Local Government Industry Award - State 2014

Existing classification level New classification level

Nurses Aged Care	Nurses Award -	Nurses	Queensland Local Government
Award - State 2005	State 2005	Domiciliary	Industry Award - State 2014

Services Award -

State 2004

Assistant Nurse -
Level 3
Enrolled Nurse: Assistant in nursing - level 3

Enrolled Nurse:  Enrolled nurse - level 1.1

Level 1.1	Year 1
Level 1.2	Year 2
Level 1.3(a)	Year 3
Level 1.3(b)	Year 4
Level 2.1	Year 5
Enrolled Nurse -	Enrolled nurse - level 1.2
Level 2.2

Registered Nurse -	Occupational Health	Registered Nurse	Registered nurse - level 1.1
Level 1.1	Nurse Grade 1:	Level 1:

1st year	Grade 1
2nd year	Grade 2

3rd year

Occupational Health
Nurse Grade 2:

1st year 2nd year 3rd year

Registered Nurse -	Occupational Health	Registered Nurse	Registered nurse - level 1.2
Level 1.2	Nurse Grade 1:	Level 1:

4th year Occupational Health	Grade 3
Grade 4
Nurse Grade 2:

4th year 5th year

Registered Nurse -	Occupational Health	Registered Nurse	Registered nurse - level 1.3
Level 1.3	Nurse Grade 2:	Level 1:

6th year	Grade 5
7th year	Grade 6

Registered Nurse -	Occupational Health	Registered Nurse	Registered nurse - level 1.4
Level 1.4	Nurse Grade 2:	Level 1:

8th year Grade 7 Grade 8

Registered Nurse -	Registered Nurse	Registered nurse - level 2.1
Level 2.1	Level 2:

Grade 1 Grade 2

Branch Supervisor - supervising up to 8

Registered Nurse -	Registered Nurse	Registered nurse - level 2.2
Level 2.2	Level 2:

Grade 3 Grade 4

Branch Supervisor -

supervising over 8

Registered Nurse -	Registered Nurse	Registered nurse - level 3.1
Level 3.1	Level 3:

Grade 1 Grade 2

Registered Nurse -	Registered Nurse	Registered nurse - level 3.2
Level 3.2	Level 3:

Grade 3 Grade 4

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Queensland Local Government Industry Award - State 2014

Existing classification level New classification level

Nurses Aged Care	Nurses Award -	Nurses	Queensland Local Government
Award - State 2005	State 2005	Domiciliary	Industry Award - State 2014

Services Award -

State 2004

Nursing Supervisor

Registered Nurse -	Registered Nurse -	Registered nurse - level 4, grade 1
Level 4, Grade 1	Level 4, Grade 1
Registered Nurse -	Registered Nurse -	Registered nurse - level 4, grade 2
Level 4, Grade 2	Level 4, Grade 2
Registered Nurse -	Registered Nurse -	Registered nurse - level 4, grade 3
Level 4, Grade 3	Level 4, Grade 3
Registered Nurse -	Registered Nurse -	Registered nurse - level 5, grade 1
Level 5, Grade 1	Level 5, Grade 1
Registered Nurse -	Registered Nurse -	Registered nurse - level 5, grade 2
Level 5, Grade 2	Level 5, Grade 2
Registered Nurse -	Registered Nurse -	Registered nurse - level 5, grade 3
Level 5, Grade 3	Level 5, Grade 3
Registered Nurse -	Registered Nurse -	Registered nurse - level 5, grade 4
Level 5, Grade 4	Level 5, Grade 4
Registered Nurse -	Registered nurse - level 5, grade 5
Level 5, Grade 5
Registered Nurse -	Registered nurse - level 5, grade 6
Level 5, Grade 6

(b)

New employees - all nursing employees who commence employment after this Award starts to apply to their employer in accordance with section 824 of the Act are to be:

(i)	classified into the appropriate classification having regard to the definitions and position descriptors contained in Schedule 5, Part A - Definitions and position descriptors and clause S5.5.4, respectively; and
(ii)	paid at the wage level assigned to their classification and wage level as prescribed in clause S5.5.1.

S5.5.4 Total experience to count

(a)	For the purpose of determining the rate of wages payable, an employee will be given credit for all previous continuous nursing service.
(b)	Previous service includes time spent as a nursing employee in obtaining additional nursing certificates other than the General Nursing Certificate.
(c)	In calculating continuous nursing service for the purpose of clause S5.5.4(b), any period of service (other than time spent as a nursing employee on full pay in obtaining additional nursing certificates) prior to an absence of over 3 years from nursing duties covered by a relevant nursing Award or relevant nursing enterprise agreement will not be taken into account.
(d)	An employee working less than 376 hours of service per year may undertake an assessment, approved by the employer and the QNU, to retain the employee's current years' of service classification.
(e)	On termination of employment each employee must be given a signed and dated certificate setting out the duration of employment at that facility, capacity of employment, details of any advancement (or reversal of advancement) in grade and, in the instance of part-time and casual employees, the total hours worked.

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Queensland Local Government Industry Award - State 2014

(f)

Any employee unable to provide proof of previous experience within 4 weeks of engagement will be paid at the appropriate rate of pay for the first year of service or the year to which proof of experience is provided for the class of employee so appointed. Wages will continue at this rate of pay until proof of previous experience is provided to the employer or until such time as service has been accumulated to warrant payment at a higher rate. Where proof of previous experience is not provided within 4 weeks of engagement, wages will continue to be paid at that rate of pay until such time as further proof of previous experience is provided to the employer and only then will the higher rate become payable from the date the proof of experience was supplied. The employer will advise the employee of this requirement at the time of engagement.

(g)

Subject to proof of previous experience being provided within 4 weeks, the employer must adjust previous payments back to the date of commencement.

PART C - Annual leave

S5.6.1 Quantum of leave

(a)

In lieu of the provisions of section 71EA(1) of the Act, every full-time and part-time nurse shall at the end of each calendar year of employment be entitled to annual leave on full pay as follows:

(i)	not less than 6 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week and where an employee works over more than 2 roster periods which involves a combination of day, evening and night shifts;
(ii)	not less than 5 weeks in any other case;
(iii)	a nurse whose employment is terminated prior to the expiration of a full year of employment shall be entitled to a pro rata equivalent of annual leave as provided for above.

(b)

The annual leave loading of 17.5% prescribed in clauses 19.1(a)(ii) and (b)(ii) of this Award shall only apply to 152 hours of the annual leave payments prescribed in clauses 19.1(a)(i) and (b)(i), respectively.

Page 170 of 170

DECISION

[1]     On 15 August 2014, Deputy President Bloomfield referred the Award Modernisation Team's (AMOD Team) Exposure Draft No. 1 of a proposed Local Government Industry Award - State 2014 to the Vice President of the Queensland Industrial Relations Commission (Commission) for referral to a Full Bench of the Commission. On the same date the Vice President referred Exposure Draft No. 1 to the Full Bench as currently constituted.

1 Scott v Handley [1999] FCA 404 at [29] and [30].
Organisation of Employers and Others (2003) 173 QGIG 1417.
Government [2014] QIRC 089.

2 Electrical Engineering Award - State (1963) 54 QGIG 423.	3 Queensland Council of Unions and Or AND Queensland Chamber of Commerce and Industry Limited, Industrial
4 See cl 9.2.
5 S. 71KE (3) (c).
6 Re: Referral pursuant to s 140C(1) of the Industrial Relations Act 1999 for a modern award - Local
7 Ibid, [9]-[12]. 8 Ibid, [20], [21]. 9 Ibid, [25].
10 Award Modernisation - Decision - Full Bench [2009] AIRCFB 345, [43]. 11 Award Modernisation - Decision re Stage 4 Modern Awards [2009] AIRCFB 945, [140]
12 Award Modernisation Decision - Full Bench [2009] AIRCFB 345, [43]
13 Australian Municipal, Administrative, Clerical and Services Union re Airline Operations Ground Staff Award
2010 [2010] FWAFB 965, [13]
14 Award Modernisation - Decision - re Stage 4 Modern Awards [2009] AIRCFB 945, [140]. 15 S140BA(a) of the Act
16 Affidavit of Craig Williams affirmed 5 September 2014 para 17.
17 Exhibit 6.
18 Clause 6.7.2 of the Engineering Award State 2012. 2014 [2014] QIRC 140 19 Re: Making of a Modern award - Queensland Public Service Officers and Other Employees Award - State
20 Municipal Officers' (Queensland) Award 1968 (164 CAR 300)

1   3 - 5

2   5.5 - 7.5

3   8 - 10

6   15.5 - 17.5

7   18 - 20

8   20.5 and above

(b)	Each council shall determine its category at the end of each financial year and adjust senior officers' salaries accordingly. Such adjusted salaries shall operate from 1 August following such review.
(c)	The three components of the cumulative category determination score shall be derived using the following scoring table:

Page 21 of 170

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate

Wage	Per Week
level	$

All employees other than Cook and Chief cook	2	718.80
Cook	4	758.30
Chief cook	5	770.00

Page 63 of 170

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate

Wage	Per Week
level	$

Building worker

Building worker, level 1(a), new entrant	1	697.80
Building worker, level 1(b), after 3 months in the
industry	2	718.80
Building worker, level 1(d)	3	740.30
Building worker, level 2	4	758.30
Building tradesperson
Building tradesperson, level 1	5	770.00
Building tradesperson, 1evel 2	6	790.50
Building tradesperson, 1evel 3	7	813.50

Page 64 of 170

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate

Wage	Per Week
Level	$

Level 1 (1st year of service)	2	718.80
Level 1 (3rd year of service)	3	740.30
Level 2 (1st year of service)	4	758.30
Level 2 (3rd year of service)	5	770.00
Level 3 (1st year of service)	7	813.50
Level 4 (1st year of service)	8	835.00

(ii)      Classifications and wage levels after 1 October 2016

As from October 2016

Classification Award Rate

Wage	Per Week
Level	$

Entry level (C13 and C14)	1	697.80
C12	2	718.80
C11	3	740.30
C10	5	770.00
C9	6	790.50
C8	7	813.50
C7	8	835.00
C6	10	881.50
C5	11	905.50
C4	12	929.00
C3	14	975.50
C2(a)	15	999.50
C2(b)	17	1,041.50

Page 66 of 170

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate

Wage	Per Week
Level	$

Level 2, year 1	3	740.30
Level 2, year 2	4	758.30
Level 2, year 4	6	790.50
Level 3, year 1	6	790.50
Level 3, year 2	7	813.50
Level 3, year 4	8	835.00
Level 4, year 1	9	858.50
Level 4, year 2	10	881.50
Level 4, year 3	11	905.50
Level 4, year 4	12	929.00

Page 67 of 170 Page 72 of 170

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate

Wage	Per Week
Level	$

Front of house
All employees other than Senior ticket seller, Ticket seller

(bookings) and Coordinator	1	697.80
Senior ticket seller	2	718.80
Ticket seller (booking)	3	740.30
Coordinator	3	740.30
Back of house
Dresser	1	697.80
Stage assistant	1	697.80
Stage doorkeeper	1	697.80
Utility person	1	697.80
Wardrobe attendant	1	697.80
Stage property person, lights and flys	2	718.80
Assistant theatre technician	3	740.30
Assistant manager	3	740.30
Employee required to work counterweights	3	740.30
Head flyer	3	740.30
Lightperson in perch, dome, boatswain's chair or swinging
scaffold, or showing spotlight or flooding by arc lamp	3	740.30
Person in charge of side	3	740.30
Scenic artist/artist/set painter	3	740.30
Stage carpenter or mechanist	3	740.30
Technician/lightperson	3	740.30
Stage coordinator	3	740.30

Tour guide, level 1	3.2	732.30	3A	732.30	3	740.30
Tour guide, level 2	5.1	767.00	5A	770.00	5	770.00
Tour guide, level 3	7.4	813.50	7B	813.50	7	813.50

(ii)      Classifications and wage levels after 1 October 2016

As from 1 October 2016

Classification Award Rate Per

Wage	Week
Level	$

Introductory tour guide, first 3 months	1	697.80
Introductory tour guide, over 3 months and up to 6 months	2	718.80
Tour guide, level 1	3	740.30
Tour guide, level 2	5	770.00
Tour guide, level 3	7	813. 50

Page 75 of 170

BW1 (b):	After 3 months in the industry
BW1(c):	After 12 months in the industry
BW1 (d):	Upon fulfilling the substantive requirements of Building worker level 1

Definitions:

Building worker level 1 (BW1)

(a)

A Building worker level 1 (BW1) works under general supervision in one or more aspects of building and/or construction activities in the local government industry and will:

(i)	have completed, in accordance with recognised prior learning principles, a construction skills test equivalent to the required competency standards; or
(ii)	have completed relevant structured training equivalent to the required competency standards.

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