Re: Variation and renaming of a modern award Health Practitioners and Dental Officers (Queensland Health) Award State 2015

[2015] QIRC 185

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Re:  Variation and renaming of a modern award - Health Practitioners and Dental Officers (Queensland Health) Award - State 2015 [2015] QIRC 185

PARTIES:  

The State of Queensland (Queensland Health)

The Australian Workers’ Union of Employees, Queensland

Queensland Nurses' Union of Employees

Together Queensland, Industrial Union of Employees

United Voice, Industrial Union of Employees, Queensland

CASE NO:

MAP/2015/5

PROCEEDING:

Variation of a Modern Award

DELIVERED ON:

31 October 2015

HEARING DATES: 

8 October 2015

HEARD AT:

Brisbane

MEMBERS:

Vice President Linnane
Deputy President Kaufman
Industrial Commissioner Neate

APPEARANCES:

Mr P. Patmore and Mr B. Fletcher-Wode, of the State of Queensland (Queensland Health)
Mr B. Watson, of The Australian Workers' Union of Employees, Queensland
Ms L. Booth, of the Queensland Nurses' Union of Employees
Mr R. Rule, of Together Queensland, Industrial Union of Employees
Mr D. Peverill, of United Voice, Industrial Union of Employees, Queensland

Decision

1. On 30 September 2015 the Full Bench was allocated the Referral from Deputy President Bloomfield for the proposed Health Practitioners and Dental Officers (Queensland Health) Award - State 2015 (Exposure Draft).  The matter was heard by the Full Bench on 8 October 2015. 

2. At the conclusion of that hearing a number of matters were identified for further consideration and the parties were given until 16 October 2015 to provide the Full Bench with further submissions.  One particular area where the Full Bench sought further submissions was in relation to the restrictive representation rights of employees in the following provisions of the Exposure Draft:

   Clause 6.2 - Procedures to implement facilitative award provision;

   Clause 7.1 - Prevention and settlement of disputes; and

   Clause 8.2 - Employee grievance procedures.

1. On 14 October 2015, the Executive Director, Public Sector Industrial Relations wrote to the Industrial Registrar seeking to have a number of  "generic provisions” in modern awards in the Queensland public sector, including the abovementioned provisions, to be determined by a Full Bench.  The Executive Director stated that this would enable parties to all such modern awards to make submissions on the content of such generic provisions.  That Full Bench has yet to determine these issues.

2. On 16 October 2015 submissions were received in this matter from the State of Queensland (Department of Health) ("Department of Health") and Together Queensland, Industrial Union of Employees ("Together Queensland").  As a result of the correspondence referred to in paragraph [3] hereof, neither the Department of Health nor Together Queensland addressed the Full Bench on the matters referred to in paragraph [2] of this decision.

1. In those circumstances, the Full Bench is unable to make this modern award within the timeframe provided for in the Minister's Request under s 140C(1) of the Industrial Relations Act 1999 i.e. 31 October 2015.  Once a decision in respect of these "generic provisions" is known, this Full Bench will deliver its decision in the variation of matter of a variation to the Health Practitioners and Dental Officers (Queensland Health) Award - State 2014.