Re: variation of the Ambulance Service Employees Award State 2016

[2020] QIRC 137

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Ambulance Service Employees Award – State 2016
[2020] QIRC 137

PARTIES:

State of Queensland (Office of Industrial Relations)
(Applicant)

v

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

CASE NO:

MA/2020/2

PROCEEDING:

Application

DELIVERED ON:

2 September 2020

HEARING DATE: 

On the Papers

MEMBER:

HEARD AT:

Knight IC

Brisbane

ORDER:

1.     Application granted. Full Orders as per final page of decision.

CATCHWORDS:

INDUSTRIAL LAW – VARIATION OF A MODERN AWARD – application to vary a modern award.

LEGISLATION:

Industrial Relations Act 2016 (Qld) s 147

Reasons for Decision

1. The State of Queensland (Office of Industrial Relations) has filed an application pursuant to s 147 of the Industrial Relations Act 2016 ("the Act") to vary the Ambulance Service Employees Award – State 2016 ("the Award"). The application is made with the consent of United Voice, Industrial Union of Employees, Queensland.

2. The proposed variation is purposed to remove hours-based barriers to increment progression in relation to part-time employees to whom the Award applies.

3. In sch 1, s 1(d) of the Award, there is a requirement for part-time employees across all classifications (except paramedic students who progress upon completion of specified training) to work 1428 hours for each 12 months' service or 741 hours for each 6 months' service, whichever is greater, prior to moving to the next increment within a classification level.

4. The Award covers approximately 464 part-time employees (as at June 2019) who are subject to the provision applying an hours-based barrier to increment progression.

5. In her affidavit of 12 August 2020, Ms Tara Armstrong, Director of Industrial Relations (Public Sector), deposes that female employees are disproportionately engaged on a part-time basis across the public service generally. This, she says, is a factor contributing to the gender pay gap – something the proposed variation is intended and projected to ameliorate.

6. I grant the application and make the necessary orders to vary the Award.

   Orders

   Pursuant to s 147 of the Act, the Ambulance Service Employees Award – State 2016 is varied as follows:

   1.By deleting sub-clause (d) in Schedule 1, Section 1 and inserting the following in lieu thereof:

   (d)     The progression tables set out below outline the minimum timeframes for progression. These minimum timeframes are for full-time and part-time employees. Casual employees are required to meet an equivalent minimum period of service being 1428 hours for each 12 months' service or 741 hours for each 6 months' service, whichever is greater.     

   2.      The variation of the Award will operate on and from 2 September 2020.