Re: Making of a modern award Queensland Rail Award State 2014

[2014] QIRC 134

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Re: Making of a modern award - Queensland Rail
Award - State 2014 [2014] QIRC 134
PARTIES:	Queensland Rail
Australian Federated Union of Locomotive Employees, Queensland Union of Employees
Automotive, Metals, Engineering, Printing and Kindred Industries, Industrial Union of Employees, Queensland
Australian Rail, Tram and Bus Union of Employees, Queensland Branch
Queensland Services, Industrial Union of Employees
The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
The Electrical Trades Union of Employees Queensland
CASE NO:	MA/2014/2, 100, 101, 102
PROCEEDING:	Making of a modern award
DELIVERED ON:	28 August 2014
HEARING DATE:	28 April 2014
MEMBERS:	Deputy President O'Connor
Deputy President Kaufman Industrial Commissioner Neate
ORDERS:	1.  That the Queensland Rail Award - State 2014

be made.

2.      That the Queensland Rail Award - State 2014 be operative on and from 28 April 2014.

3.     That the Rail Industry Award 2010 is

repealed on and from 28 April 2014 subject to the provisions of s 824 of the Industrial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 - Queensland Rail Award - State 2014 - Modern Award made.
CASES:	Industrial Relations Act 1999 Chapter 5 Division 2, ss 140C(1), 140CE, 824.
APPEARANCES:	Mr M. Hawkins of Queensland Rail. Ms K. Allen of Automotive, Metals, Engineering, Printing and Kindred Industries, Industrial Union of Employees, Queensland, also appearing on behalf of the Australian Federated Union of Locomotive Employees, Queensland Union of Employees. Ms K. Inglis of The Electrical Trades Union of Employees Queensland. Ms C. Jones of the Australian Rail, Tram and Bus Union of Employees, Queensland Branch. Mr N. Henderson of Queensland Services, Industrial Union of Employees. Mr D. Pullen of The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees.

Decision

[1] In accordance with Chapter 5 Division 2 of the Industrial Relations Act 1999 ("the Act") (i.e. the Modern Award provisions of the Act) and the Request under s 140C(1) - Award Modernisation by the Attorney-General and Minister for Justice, the Award Modernisation Team ("AMOD Team") of the Queensland Industrial Relations Commission has prepared an Exposure Draft of a proposed Queensland Rail Award - State 2014 ("Proposed Award").

[2]        The Proposed Award was prepared by the AMOD Team in consultation with Queensland Rail; the Australian Federated Union of Locomotive Employees, Queensland Union of Employees; the Automotive, Metals, Engineering, Printing and Kindred Industries, Industrial Union of Employees, Queensland; the Australian Rail, Tram and Bus Union of Employees, Queensland Branch; Queensland Services, Industrial Union of Employees; The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and The Electrical Trades Union of Employees Queensland.

[3]        Deputy President Bloomfield referred a finalised version of the Proposed Award to the Vice President for referral to a Full Bench of the Commission indicating that the abovementioned organisations had reached agreement on the terms of the Proposed Award. The Vice President referred the Proposed Award to this Full Bench.

[4] We have been advised that the Proposed Award complies with the Act.

[5]        The Rail Industry Award 2010 made by the Fair Work Commission is taken to be an award made under the Industrial Relations Act 1999. We are advised that it has current application and will thus be repealed upon the making of any modern award subject to the provisions of s 824 of the Industrial Relations Act 1999.

[6]        Having heard from the representatives of the parties referred to in Clause 4 of the Proposed Award, and by consent of those parties, we make the following orders:

(i)	That the Queensland Rail Award - State 2014 be made;
(ii)	That the Queensland Rail Award - State 2014 operate on and from 28 April 2014;
(iii)	That, given the making of the Queensland Rail Award - State 2014, the Rail Industry Award 2010 is repealed on and from 28 April 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.