Re: variation of the Legal Aid Queensland Employees Award State 2015

[2020] QIRC 145

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Legal Aid Queensland Employees Award – State 2015
[2020] QIRC 145

PARTIES:

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

v

Together Queensland, Industrial Union of Employees
(First Respondent)

&

Queensland Services, Industrial Union of Employees
(Second Respondent)

CASE NO:

MA/2020/10

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 Legal Aid Queensland Employees Award – State 2015 ("the Award"). The application is made with the consent of Together Queensland, Industrial Union of Employees, whereas Queensland Services, Industrial Union of Employees raised no objections.

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. Clause 12.9 of the Award applies a requirement for a part-time employee in all classifications to work the equivalent of 12 months' full-time service prior to moving to the next increment within a classification level.

4. The Award covers approximately 162 part-time employees (as at June 2019) who are subject to the provision applying an hours-based barrier to increment progression.

1. 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.

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

   Orders

   Pursuant to s 147 of the Act, the Legal Aid Queensland Employees Award – State 2015 is varied as follows:

   1.By deleting clause 12.9(a) and inserting the following in lieu thereof:

(a)     Except in the case of an employee who is paid the prescribed basic salary on attaining the age of 21 years or in the case of a promotion from one classification level to another, an increase is not to be made to the salary of:

(i) In the case of a full-time or a part-time employee, until the employee has received a salary at a particular classification and paypoint for a period of 12 months.

(ii) In the case of a casual employee, until the employee has received a salary at a particular classification and paypoint for the equivalent of 12 months' full-time service.

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