Re: variation of the Parents and Citizens Associations Award - State 2016

Case

[2025] QIRC 77

20 March 2025


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Parents and Citizens Associations Award – State 2016 [2025] QIRC 077

PARTIES:

Queensland Council of Parents and Citizens Associations trading as Parents' and Citizens' Associations Queensland
(Applicant)

v

United Workers' Union, Industrial Union of Employees, Queensland
(Respondent)

CASE NO: MA/2024/4
PROCEEDING: Application to vary a modern award
DELIVERED ON: 20 March 2025
HEARING DATE:  11 March 2025
MEMBER: Caddie IC
HEARD AT: Brisbane
ORDERS:

1.    The Application is granted.

2.    That the Parents and Citizens Associations Award - State 2016 be varied in the terms set out in the Orders as outlined in Schedule 1 of this decision.

3.    The variations to the Award operate on and from 14 March 2025.

CATCHWORDS: INDUSTRIAL LAW – VARIATION OF A MODERN AWARD – application to vary a modern award – application to insert a mechanism into a State Award to access a federal funding scheme – application granted.
LEGISLATION: Industrial Relations Act 2016, s 141, s 142, s 147, s 539
CASES: Re: variation of the Parents and Citizens Associations Award – State 2016 [2020] QIRC 022
APPEARANCES:

Mr J. Christensen and Mr C. Payne for Queensland Council of Parents and Citizens Associations trading as Parents' and Citizens' Associations Queensland, Applicant.

Mr A. Nash for the United Workers' Union, Industrial Union of Employees, Queensland, Respondent.

Mr G. Taylor and Mr T. Stephens for The Australian Workers' Union of Employees, Queensland.

Reasons for Decision

  1. The Queensland Council of Parents and Citizens Associations trading as Parents' and Citizens' Associations Queensland ('P&Cs Qld') applies to the Queensland Industrial Relations Commission ('the Commission'), pursuant to s 147 of the Industrial Relations Act 2016 (Qld) ('the Act') to vary a modern award. The relevant modern award that the application relates to is the Parents and Citizens Associations Award – State 2016 ('the Award').

  2. The United Workers Union, Industrial Union of Employees, Queensland, is the Respondent in this matter ('UWU').

  3. Section 147 of the Act sets out the power of the Commission to make or vary modern awards, providing that:

    (1)      The commission may do either of the following to provide for fair and just employment conditions –

    (a)make a modern award;

    (b)make an order varying a modern award.

    (2)      The commission may exercise a power under this section –

    (a)on its own initiative; or

    (b)on the application of any of the following persons –

    (i)the Minister;

    (ii)an organisation;

    (iii)an Employer;

    (iv)an employee; or

    (c)on a review of a modern award under part 5.

  4. The Award applies to all employees who are employed in an activity conducted by a parents' and citizens' association within Queensland; and whose rates of pay are fixed by the Award.[1] This application only impacts those eligible employees engaged under the Outside School Hours Care ('OSHC') and Vacation Care Stream of the Award.

    [1] Parents and Citizens Associations Award – State – 2016, cl 4 'Coverage'.

  5. The purpose of the proposed variation is to enable Queensland parents' and citizens' associations to be eligible to apply for funding under the Early Childhood Education and Care ('ECEC') Worker Retention Payment grant scheme ('the scheme') to lift wages of OSHC employees. To be eligible, an employer must engage its workforce under a legally enforceable workplace instrument (such as a state based modern award) which includes an obligation to pay their eligible workers rates under the grant scheme terms if they receive that funding.

  6. The application is made by consent.

    Procedural history

  7. The application was filed on 12 November 2024 by P&Cs Qld. The file was allocated to me for hearing. A preliminary conference was held on 4 December 2024 before O'Neill IC with interested parties to discuss the terms of the variation. The P&Cs Qld and UWU agreed to confer and consult with their members and file an amended draft variation as soon as possible.

  8. A revised variation was provided to the Commission in the wrong form on 31 January 2025. Having reviewed the application and revised variation I listed the matter for mention, held before me on 10 February 2025. I raised several preliminary issues including technical defects with the application and variation, determination of parties in accordance with s 539(b)(i) of the Act and requirements to file material to rectify and address those issues; and in support of the substantive matter for hearing.

  9. Directions followed and the matter was listed for Hearing on 11 March 2025.

  10. The submissions of P&Cs Qld, filed 24 February 2025, characterise the nature of the Association as follows:[2]

    [2] Exhibit 1, tendered 11 March 2025.

    (a)that P&Cs Qld is the peak body for the 1,266 parents' and citizens' associations throughout Queensland;

    (b)that only parents' and citizens' associations can apply and be accepted as Ordinary Members of P&Cs Qld; 

    (c)that only Ordinary Members can nominate candidates for election as Directors of the P&Cs Qld, and vote on resolutions at General Meetings;

    (d)that P&Cs Qld is governed by a Board of Directors, and to be considered for election to the Board, a person must be a member of a parents' and citizens' association and be endorsed by the relevant association at a general ordinary meeting;

    (e)that all 1,266 parents' and citizens' associations vote to elect the Directors of the Board.

  11. As to the issue of standing, P&Cs Qld submitted that, although they do not constitute the entity which employs employees covered by the Award, they nevertheless:[3]

    [3] Exhibit 1, Submissions of the Applicant, filed 24 February 2025, [16].

    (a)constitute the body that represents the interests of the employers who are parties to the Award; and

    (b)that their Elected Directors are all members of a relevant employer.

  12. The above facts form the basis for the submissions of P&Cs Qld that they have pursued this application on behalf of all members who are employer parties to the Award.

  13. The UWU, who is a party to the relevant Award, does not object to the application being brought by P&Cs Qld and agrees with the need for and benefits of the proposed variation.

    Determination of parties and waiving defects

  14. At Hearing, I first dealt with the issue of parties to the proceedings. In accordance with powers incidental to the exercise of my discretion pursuant to s 539(b)(i) of the Act, I directed that P&Cs Qld be named the Applicant in the proceeding and that UWU be named the Respondent. In outlining this direction, I referred to the history of the P&Cs Qld being a party to proceedings relating to this award since its creation. I specifically noted the direction of O'Connor VP made on 11 November 2019 and referenced by DP Hartigan in her decision.[4]

    [4] Re: variation of the Parents and Citizens Associations Award – State 2016 [2020] QIRC 022, [3].

  15. At the request of other union parties to the Award with no interest in this matter, I granted leave for them not to attend. Those parties granted leave not to attend were Together Queensland, Industrial Union of Employees, the Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees, and Queensland Services, Industrial Union of Employees. The Australian Workers' Union of Employees, Queensland, appeared, but indicated they had no submissions to make in relation to the proceeding.

  16. I also determined as a preliminary matter to the extent necessary to grant leave in relation to amendments made to the application and proposed variation to waive defects and allow amendments on terms that appear fair and just.[5]

    [5] Industrial Relations Act 2016 (Qld) s 539(e); s 539(d).

    Substantive variations sought

  17. The application to amend the Award was filed due to the scheme taking effect.[6]

    [6] Exhibit 1, Submissions of the Applicant, filed 24 February 2025, 2.

  18. The purpose of the proposed variation is to ensure that all parents' and citizens' associations across Queensland are eligible to access the scheme.[7]

    [7] Ibid.

  19. Overall, the effect of the proposed variation is to enable eligible OSHC workers to access funding through the scheme, rectifying the financial disadvantage that currently exists between employees covered by the Award and employees covered by the federal Children's Services Award 2010 who can access the scheme.

  20. In their submissions of 24 February 2025, P&Cs Qld contended that:

    (a)the proposed variation to the Award would provide for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards;

    (b)that the proposed variation generally reflects the prevailing employment conditions of employees covered, or to be covered, by the Award;

    (c)that granting the application ensures that all parent's and citizens' associations across Queensland will be eligible to apply for the scheme;

    (d)where parents' and citizens' associations make an application, the proposed variation to the Award ensures monies are appropriately paid to eligible employees by way of an increase to their hourly rates;

    (e)the payment of the grant monies is fair and just in accordance with s 141(1)(a) of the Act, as the monies are received by the parents' and citizens' associations for this express purpose; and

    (f)payment of grant monies would reflect the general conditions of employees whose employers are participating in the Scheme.

  21. The specific amendments sought were detailed by P&Cs Qld in a proposed consent order.[8]

    [8] Proposed by the parties on 14 March 2025.

Position of UWU

  1. UWU consents to the variations to the Award sought by P&Cs Qld and consented to the draft orders.

  2. In submissions filed 11 March 2025, which were tendered into evidence as Exhibit 2 at Hearing, UWU explains that the variation is required to ensure parents' and citizens' associations providing OSHC services are able to access the scheme.

  3. UWU further outlines that:[9]

    [9] Exhibit 2, Submissions of the Respondent, filed 11 March 2025, [5] – [13].

    (a)all parents' and citizens' associations are currently obligated to adhere to the terms and conditions of the Award and there exists no provision currently enabling the parents' and citizens' associations to apply for and gain access to the federal funding;

    (b)historically, the Award has paid above the federal Children's Services Award 2010, however, the paypoints in the federal award are now higher than the Award;

    (c)without access to the federal grant funding enabled by the proposed variation to the Award, relevant state employees will be financially disadvantaged as compared to federal OSHC workers who have access to the federal funding;

    (d)this is not an application to increase wage rates to ensure parity with the Children's Services Award 2010.

  4. UWU submits the award variation application should be granted on the following basis:

    (a)ensuring employees covered under the Award receive the same pay increases or pay match as their colleagues covered by the Children's Services Award 2010 is fair and just for the purposes of s 141(1)(a) of the Act;

    (b)the proposed variation aligns with the prevailing employment conditions of employees covered by the Award, as the Federal Government scheme recognises the need for wages to increase in this area;[10]

    [10] Industrial Relations Act 2016 (Qld) s 141(1)(b).

    (c)the provision of the scheme recognises the Early Childhood sector as traditionally low paid and seeks to rectify this;[11]

    [11] Ibid s 141(2)(a).

    (d)variation of the Award assists with workforce participation and retention;[12]

    [12] Ibid s 142(2)(b).

    (e)variation of the Award promotes flexible practice;[13]

    [13] Ibid s 142(2)(c).

    (f)it is important to ensure equal remuneration for those working in the sector receiving less than their counterparts covered by the Children's Services Award 2010;[14]

    [14] Ibid s 141(2)(d).

    (g)it is 'desirable that there be effectiveness in providing the increased wages to ensure a high level of employment remains in the parents' and citizens' associations that provide OSHC.'[15]

    [15] Exhibit 2, Submissions of the Respondent, filed 11 March 2025, [14]; Industrial Relations Act 2016 (Qld) s 141(2)(f).

    Requirements to vary an Award

  5. Section 141 of the Act provides:

    141     General requirements for commission exercising powers

    (1) In exercising its powers under this chapter, the commission must ensure a modern award –

    (a)provides for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards; and

    (b)generally reflects the prevailing employment conditions of employees covered, or to be covered, by the award.

    (2)      For subsection (1), the commission must have regard to the following –

    (a)      relative living standards and the needs of low-paid employees;

    (b)the need to promote social inclusion through increased workforce participation;

    (c)the need to promote flexible modern work practices and the efficient and productive performance of work;

    (d)     the need to ensure equal remuneration for work of equal or comparable value;

    (e)      the need to provide penalty rates for employees who –

    (i)      work overtime; or

    (ii)      work unsocial, irregular or unpredictable hours; or

    (iii)     work on weekends or public holidays; or

    (iv)      perform shift work;

    (f) the efficiency and effectiveness of the economy, including productivity, inflation and the desirability of achieving a high level of employment.

    Reasons to grant the application

  6. The matter was heard before me on 11 March 2025. Having read the submissions and supporting affidavits filed by the parties and tendered as exhibits in the proceedings, I determined to grant the application to vary the award for the purpose of creating a mechanism for parents' and citizens' associations to be able to apply for the federal government funding. I indicated that written reasons would follow.

  7. The parties advised they would need a short amount of time to finalise the form of the proposed variation to ensure it could be appropriately applied to casual and junior employees.

  8. In granting the application I directed the parties to confer on the final form of the draft variation and file that in the Commission on or before 14 March 2025. I indicated that subject to the Commission's review of the final proposed variation I would issue an order to give it effect on and from that date. I considered the final form of the variation issued as an order would simply give effect to my decision made at hearing that the application be granted.[16]

    [16] Noting that I had already granted leave to the extent necessary for amendments to be made.

  9. I issued the Order giving effect to the consent variation on 14 March 2025.

  10. I am satisfied the variation ensures the Award continues to provide fair and just wages and employment conditions for the impacted cohort of employees.[17]  Without being able to apply for access to federal grant funding eligible Queensland parents' and citizens' employees would continue to be financially disadvantaged compared to comparable federal system employees. This also enables Queensland system associations to remain competitive in a traditionally low paid sector of the economy. This ensures parents' and citizens' associations in Queensland have an opportunity to keep pace with prevailing employment conditions in the sector.[18]

    [17]  Industrial Relations Act 2016 (Qld) s 141(1)(a).

    [18] Ibid s 141(1)(b).

  11. It is important to note that this variation does not increase rates of pay under the Award to match the federal award rates. It creates a mechanism that enables parents' and citizens' associations to apply for, and if successful, gain access to the worker retention payment grant. Upon receipt of the funding, and while the funding continues to be received by any parents' and citizens' associations, the rates of pay of those employees must be increased to comply with the schedule and requirements of the Scheme.

  12. This award variation creates a level playing field across parents' and citizens' associations in Queensland in relation to capacity to apply for the grant. The award already applies to every parents' and citizens' association in Queensland so varying its terms is the most effective and consistent way for the requirements of the grant application process to be met.

  13. The application is granted. The Order to vary the award took effect on and from 14 March 2025.

  14. I order accordingly:

    1.The Application is granted.

    2.That the Parents and Citizens Associations Award - State 2016 be varied in the terms set out in the Orders as outlined in Schedule 1 of this decision.

    3.The variations to the Award operate on and from 14 March 2025.

SCHEDULE 1

  1. By updating the table of contents by inserting the following:

    Schedule 9 – Worker Retention Payment................................................................. 59

  1. By inserting a new Note 7 in clause 12.4(d) (OSHC and vacation care stream) as follows:

7During the period 2 December 2024 to 30 November 2026 employees may, in addition to the minimum wages prescribed in this clause 12.4(d), be entitled to receive the additional minimum hourly rates prescribed in Schedule 9 - Worker Retention Payment.

  1. By inserting Schedule 9:

Schedule 9 – Worker Retention Payment

Purpose and Scope

(a)The Commonwealth Government has introduced the Worker Retention Payment grant scheme to support a 15% wage increase for eligible ECEC workers over a two-year period (2 December 2024 to 30 November 2026), by reference to the minimum rates of pay provided for in the federal Children's Services Award 2010

(b)To be eligible to participate in the Worker Retention Payment grant scheme, eligible ECEC workers must be engaged under a legally enforceable workplace instrument that includes an obligation on the Employer to pay the eligible ECEC workers at the minimum rates prescribed by the Worker Retention Payment grant scheme's terms.

(c)The purpose of this Schedule 9 is to place an obligation on Employers of eligible ECEC workers, to pay their ECEC workers the minimum rates of pay prescribed by the Worker Retention Payment grant scheme's terms, during the period the Employer is in receipt of Worker Retention Payments.

(d)No obligation arises to pay eligible ECEC workers the minimum rates of pay prescribed in this schedule during any period the Employer is not in receipt of Worker Retention Payments for that eligible ECEC worker. In these circumstances the eligible ECEC worker will be paid solely in accordance with clause 12.4(d) of the Award.  

This Schedule 9, and the obligations provided under it, are to take effect from 2 December 2024 and conclude on 30 November 2026.

Definitions

In this Schedule:

  • Award means the Parents and Citizens Associations Award - State 2016.
  • eligible ECEC workers means employees whose positions are covered by the classifications defined in Schedule 4 (Position Descriptors – Outside School Hours Care (OSHC) and Vacation Care Stream), but whose duties are otherwise also consistent with the classifications covered by Children's Services Award 2010
  • Employer means a P&C Association which employs eligible ECEC workers and which has been approved by the Commonwealth Government to receive grant funding for a Worker Retention Payment.
  • Worker Retention Payment means the Commonwealth Government's Early Childhood Education and Care (ECEC) worker retention payment to support a wage increase for all eligible ECEC workers, or any successor to that scheme.

Minimum Rates of Pay

(a)In addition to their entitlement to payment of the minimum wages prescribed in clause 12.4(d) of this Award, eligible ECEC Workers will also be entitled to receive the additional minimum hourly rate prescribed in Column 5 of the below table, during the period their Employer is in receipt of grant funding for a Worker Retention Payment with respect to that worker, including any backdating period. 

(b)The tables operate as follows:

i.        Column 3 in the below table is the minimum hourly rate payable to eligible ECEC workers under clause 12.4(d) of the Award.

ii.      Column 4 in the below table sets out the minimum rates of pay that must be paid to all eligible ECEC workers, who are employed by National System Employers, under the Children's Services Award 2010, mapped against their corresponding classifications under the Award.

iii.     Column 5 is the difference between the current minimum hourly rate under the Children's Services Award 2010 and the new hourly rate required to be specified in the workplace instrument to become eligible for funding. This is the minimum additional hourly amount that all eligible ECEC workers who are covered by this Award are entitled to receive during the period their Employer is receiving grant funding for a Worker Retention Payment with respect to the worker.

iv.      Column 6 is the new minimum hourly rate for eligible ECEC workers who are covered by this Award during the period their Employer is receiving grant funding for a Worker Retention Payment with respect to the worker.

(c)The rates as set out in the tables will be increased:

i.      In regard to Column 4, by any increase in the award rates for each classification under the Children's Services Award 2010; and

ii.     In regard to Column 5, by an additional 5% from 1 December 2025 above the relevant minimum hourly rates set out in Column 4, which will be in addition to any increase in the Children's Services Award 2010 rates as a result of the Annual Wage Review of the Fair Work Commission.

Table 1 – Permanent employees

Classification

Column 2

Children’s Services Award classification

Column 3

Current P&C Award minimum hourly rate*

Column 4

CS Award minimum hourly rate 1 Dec 2024

Column 5

Additional CS Award minimum hourly amount payable to staff 2 Dec 2024 – 30 Nov 2025**

Column 6

New P&C Award Rate 2 December 2024 – 30 November 2025 (Column 3 + Column 5)

$

$

$

$

Child Care Worker

Level 1.1

Level 1.1

25.89

23.97

2.40

28.29

Level 2.1

Level 2.1

26.67

24.84

2.48

29.15

Level 2.2

Level 2.2

27.51

25.66

2.57

30.08

Level 3.1

Level 3.1

29.20

26.75

2.72

31.92

Level 3.2

Level 3.2

29.83

28.10

2.81

32.64

Level 3.3

Level 3.3

30.45

28.99

2.90

33.35

Level 3.4

Level 3.4

32.50

30.59

3.06

35.56

Child Care Educator (Qualified)

Level 4.1

Level 4.1

34.55

32.00

3.20

37.75

Level 4.2

Level 4.2

35.07

32.49

3.25

38.32

Level 4.3

Level 4.3

35.58

32.97

3.30

38.88

Level 4.4

Level 4.3

35.58

32.97

3.30

38.88

Assistant Coordinator (Unqualified)

Level 4A.1 Level 5A.1 34.55 33.46 3.35 37.90

Level 4A.2

Level 5A.2 Level 5A.3

35.07

34.43

3.44

38.51

Assistant Coordinator (Qualified)

Level 5.1 Level 5.1 35.99 33.46 3.35 39.34

Level 5.2

Level 5.2
Level 5.3

36.38

33.95

3.44

39.82

Coordinator (Unqualified)

Level 5A.1 Level 6A.1 35.99 38.59 3.86 39.85
Level 5A.2 Level 6A.2 36.38 39.07 3.91 40.29
Level 5A.3 Level 6A.3 36.99 39.55 3.96 40.95

Coordinator/Director (Qualified) – Level 1

Level 6.1 Level 6.1 37.63 38.59 3.86 41.49
Level 6.2 Level 6.2 38.43 39.07 3.91 42.34
Level 6.3 Level 6.3 39.26 39.55 3.96 43.22

Coordinator/Director (Qualified) – Level 2

Level 6.4 Level 6.4 39.76 41.02 4.10 43.86
Level 6.5 Level 6.5 40.46 41.40 4.14 44.56
Level 6.6 Level 6.6 41.11 41.89 4.19 45.30

Coordinator/Director/Assistant Manager – Level 3

Level 6.7 Level 6.7 41.79 42.39 4.24 46.03
Level 6.8 Level 6.8 42.50 42.88 4.29 46.79
Level 6.9 Level 6.9 43.24 43.36 4.34 47.58

Manager

Level 7.1 Level 6.7 51.03 N/A 4.24 55.27
Level 7.2 Level 6.8 52.49 N/A 4.29 56.78
Level 7.3 Level 6.9 53.93 N/A 4.34 58.27
Level 7.4 Level 6.9 55.37 N/A 4.34 59.71

* Junior employees remain entitled to their corresponding junior rates as set out in clause 12.5 of the Award.

** Junior employees will receive a percentage of the Children Services Award 2010 increase, in line with the percentages set out in clause 14.3 of the Children’s Services Award 2010.

Table 2 Casual Employees

Classification

Column 2

Children's Services Award classification

Column 3

Current P&C hourly rate

Column 4

CS Award minimum hourly rate 1 Dec 2024

Column 5

Additional CS Award minimum hourly amount payable to staff 2 Dec 2024 – 30 Nov 2025

Column 6

New P&C minimum hourly rate 2 Dec 2024 – 30 Nov 2025 (Column 3 + Column 5)

$

$

$

$

Level 1.1

Level 1.1

32.36

30.13

3.00

35.36

Level 2.1

Level 2.1

33.34

31.05

3.10

36.44

Level 2.2

Level 2.2

34.39

32.08

3.21

37.60

Level 3.1

Level 3.1

36.50

33.96

3.40

39.90

Level 3.2

Level 3.2

37.29

35.12

3.51

40.80

Level 3.3

Level 3.3

38.06

36.24

3.63

41.69

Level 3.4

Level 3.4

40.63

38.24

3.83

44.46

Level 4.1

Level 4.1

43.19

40.00

4.00

47.19

Level 4.2

Level 4.2

43.84

40.61

4.06

47.90

Level 4.3

Level 4.3

44.48

41.21

4.13

48.61

Level 4.4

Level 4.3

44.48

41.21

4.13

48.61

Assistant Coordinator (Unqualified)

Level 4A.1

Level 5A.1

43.19

41.83

4.19

47.38

Level 4A.2

Level 5A.2 Level 5A.3

43.84

43.04

4.30

48.14

Assistant Coordinator (Qualified)

Level 5.1

Level 5.1

44.99

41.83

4.19

49.17

Level 5.2

Level 5.2

Level 5.3

45.48

42.44

4.30

49.78

Coordinator (Unqualified)

Level 5A.1

Level 6A.1

44.99

48.24

4.83

49.82

Level 5A.2

Level 6A.2

45.48

48.84

4.89

50.37

Level 5A.3

Level 6A.3

46.24

49.44

4.95

51.19

Coordinator/Director (Qualified) – Level 1

Level 6.1

Level 6.1

47.04

48.24

4.83

51.87

Level 6.2

Level 6.2

48.04

48.84

4.89

52.93

Level 6.3

Level 6.3

49.08

49.44

4.95

54.03

Coordinator/Director (Qualified) – Level 2

Level 6.4

Level 6.4

49.70

51.28

5.13

54.83

Level 6.5

Level 6.5

50.58

51.75

5.18

55.76

Level 6.6

Level 6.6

51.39

52.36

5.24

56.63

Coordinator/Director (Qualified) – Level 3

Level 6.7

Level 6.7

52.24

52.99

5.30

57.54

Level 6.8

Level 6.8

53.13

53.60

5.36

58.49

Level 6.9

Level 6.9

54.05

54.20

5.43

59.48

Manager

Level 7.1

Level 6.7

63.79

52.99

5.30

69.09

Level 7.2

Level 6.8

65.61

53.60

5.36

70.97

Level 7.3

Level 6.9

67.41

54.20

5.43

72.84

Level 7.4

Level 6.9

69.21

54.20

5.43

74.64


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