Re: Variation of the City Parklands Services Award State 2016

[2017] QIRC 17

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Re: Variation of the City Parklands Services Award - State 2016 [2017] QIRC 017

PARTIES:  

City Parklands Services Pty Ltd

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

Plumbers & Gasfitters Employees' Union Queensland, Union of Employees

Queensland Services, Industrial Union of Employees

The Australian Workers' Union of Employees, Queensland

The Electrical Trades Union of Employees Queensland

United Voice, Industrial Union of Employees, Queensland

CASE NO:

MA/2016/35

PROCEEDING:

Variation of a modern award

DELIVERED ON:

6 March 2017

HEARING DATE: 

1 March 2017

HEARD AT:

Brisbane

MEMBERS:

ORDERS:

Deputy President O'Connor
Deputy President Swan
Industrial Commissioner Thompson

1.     The City Parklands Services Award - State 2016 be varied in the terms set out in the attached Determination; and

2.     The Determination operate on and from 1 March 2017.

CATCHWORDS:

INDUSTRIAL LAW - AWARD MODERNISATION - VARIATION OF A MODERN AWARD - Application for Determination varying a modern award - Section 140GA(2) and 140GC(2) of the Industrial Relations Act1999 - City Parklands Services Award - State 2016 varied.

CASES: 

APPEARANCES: 

Industrial Relations Act1999, Chapter 5A, Part 3, Division 2, ss 140GA(2), 140GC(2).
Industrial Relations Act 2016, s 996.

P. Madden for City Parklands Services Pty Ltd.

A. Borg for Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland.

K. Inglis for The Electrical Trades Union of Employees Queensland.

M. Robertson for Queensland Services, Industrial Union of Employees.

B. Watson for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

1. A referral to vary the City Parklands Services Award - State 2016 (the Award) by the making of a Determination varying the Award in accordance with sections 140GA(2)(a) and 140GC(2)(b)(i) of the Industrial Relations Act 1999 (the Act) was provided by Deputy President Bloomfield, as head of the Commission's Award Modernisation Project, for the following purposes:

   (i)to create a minimum safety net of employment conditions, in keeping with the modern award objectives at section 140D of the Act, that is fair and relevant in accordance with sections 140G(2)(a) and 140D of the Act; and

   (ii)to remove ambiguity and uncertainty and/or correct an error, in accordance with section 140GC(1) of the Act.

2. The referral for the making of a Determination to vary the Modern Award is supported by City Parklands Services Pty Ltd, Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland, Plumbers & Gasfitters Employees' Union Queensland, Union of Employees, Queensland Services, Industrial Union of Employees, The Australian Workers' Union of Employees, Queensland, The Electrical Trades Union of Employees Queensland and United Voice, Industrial Union of Employees, Queensland.

3. The making of the Determination to vary the Award is also supported by all of the relevant parties.

1. In the circumstances, the Full Bench is satisfied that it is appropriate for the Determination to be approved.

2. The Determination varying the Award will operate on and from 1 March 2017.

3. The Commission issues the following Orders:

   1.the City Parklands Services Award - State 2016 be varied in the terms set out in the attached Determination; and

   2.the Determination operate on and from 1 March 2017.