Re: variation of the Queensland Public Service Officers and Other Employees Award State 2015

[2023] QIRC 357

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Queensland Public Service Officers and Other Employees Award – State 2015 [2023] QIRC 357

PARTIES:

State of Queensland (Queensland Audit Office)
(Applicant)

v

Together Queensland, Industrial Union of Employees
(First Respondent)

&

Australian Maritime Officers Union Queensland Union of Employees
(Second Respondent)

&

The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
(Third Respondent)

&

Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District
(Fourth Respondent)

&

Queensland Nurses and Midwives' Union of Employees
(Fifth Respondent)

CASE NO.:

MA/2023/25

PROCEEDING:

Application to vary a modern award

DELIVERED ON:

12 December 2023

HEARING DATE: 

On the papers

MEMBER:

McLennan IC

ORDER:

1.     Variations are made to the Queensland Public Service Officers and Other Employees Award – State 2015 being those contained in Schedule 1 to these reasons for decision.

2.     The variations contained in Schedule 1 will operate on and from 13 December 2023.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – AWARDS – variation of a modern award – application to make an order varying the Queensland Public Service Officers and Other Employees Award – State 2015 pursuant to s 147 of the Industrial Relations Act 2016 (Qld) – application to vary modern award granted

LEGISLATION:

Auditor-General Act 2009 (Qld) s 26

Industrial Relations Act 2016 (Qld) s 147

Integrity and Other Legislation Amendment Act 2022 (Qld) s 2, s 14, s 25

Reasons for Decision

1. On 20 November 2023, the State of Queensland (Queensland Audit Office) (the Applicant) filed an application pursuant to s 147 of the Industrial Relations Act 2016 (Qld) (the IR Act), to vary the Queensland Public Service Officers and Other Employees Award – State 2015 (the Award).

2. The application seeks to vary the Award to ensure it continues to apply to staff employed by the Queensland Audit Office, who will be employed under the Auditor-General Act 2009 (the AG Act) rather than the Public Sector Act 2022 (the PS Act) from 13 December 2023.

1. The reasons for the variation sought are summarised below:

·Section 26 of the AG Act currently provides that staff of the Queensland Audit Office are employed under the PS Act.

·The Queensland Audit Office staff are covered by the Award in accordance with cl 4.1(a)(i)(A).

·On 30 November 2022, the Integrity and Other Legislation Amendment Act 2022 (IOLA Act) was passed. The objectives of the IOLA Act include amending the AG Act to better promote the independence and authority of the Queensland Auditor-General.

·Section 14 of the IOLA Act omits the current s 26 of the AG Act and replaces it with a new s 26, providing for employment of Queensland Audit Office staff under the AG Act and not the PS Act.

·The transitional provisions set out in s 25 of the IOLA Act, provide for the employment of Queensland Audit Office staff to continue on the same terms of employment that applied before for the commencement of the new s 26 under the AG Act, subject to subsequent variation of the terms under any relevant law or industrial instruments applying to the persons employment.

·The IOLA Act was assented to on 12 December 2022. Section 2(1) of the IOLA Act states that it will commence on a day to be fixed by proclamation. The Queensland Audit Office required the full twelve months to prepare and consult with staff and unions to ensure employee conditions and entitlement continued.

·As the new s 26 of the AG Act will not commence within 1 year of assent, it will automatically commence the next day, being 13 December 2023.

·Therefore, the variation seeks to ensure the award continues to legally apply to staff and the chief executive upon the commencement of the new s 26 of the AG Act, to enable the continuation of the existing terms and conditions currently applicable to staff covered by the award.

1. The unions party to the Award are:

   ·Together Queensland, Industrial Union of Employees;

   ·Australian Maritime Officers Union Queensland Union of Employees;

   ·The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees;

·Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District; and

·Queensland Nurses and Midwives' Union of Employees.

1. On 28 November 2023 the Industrial Registry sent correspondence to all parties requesting that each union party provide confirmation of their consent to the proposed variation.

2. Each union party provided correspondence to the Industrial Registry in which they expressed either consent or that they do not object to the proposed variation.[1]

   [1] Correspondence from Mr S. Kelly, The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees dated 28 November 2023; Correspondence from Mr D. Goldman, Together Queensland, Industrial Union of Employees dated 28 November 2023; Correspondence from Ms V. Semple, Queensland Nurses and Midwives' Union of Employees dated 29 November 2023; Correspondence from Mr C. Claydon, Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District dated 30 November 2023; Correspondence from Mr G. Yates, Australian Institute of Marine and Power Engineers' Union of Employees, Queensland District dated 1 December 2023.

3. Section 147 of the Act provides that the Commission may make or vary a modern award on its own initiative or by application to provide for fair and just employment conditions.

4. Having given consideration to the proposed variations, and the consent position of the parties to the said variations, I grant the application and make the necessary orders to vary the Award.

   Orders

5. I make the following orders:

   1.       Variations are made to the Queensland Public Service Officers and Other Employees Award – State 2015 being those contained in Schedule 1 to these reasons for decision.

   2.       The variations contained in Schedule 1 will operate on and from 13 December 2023.
   

   SCHEDULE 1

1. By deleting clause 2 and inserting the following in lieu thereof:

   This Award, made on 31 October 2015, operates from:

   ·12 January 2016 – for employees covered by the Office of the Information Commissioner – Certified Agreement 2015;

   ·10 March 2016 – for employees covered by the Maritime Safety Queensland Maritime Operations Certified Agreement 2015;

   ·16 May 2016 – for employees covered by the QFleet Certified Agreement 2016;

   ·1 June 2016 – for employees covered by the State Government Entities Certified Agreement 2015;

   ·30 September 2016 – for employees covered by the State Government Security Certified Agreement 2016;

   ·5 October 2016 – for Nurses employed by the Department of Education covered by the Nurses and Midwives (Queensland Health and Department of Education and Training) Certified Agreement (EB9) 2016;

   ·9 February 2017 – for employees covered by the Transport and Main Roads Enterprise Bargaining Certified Agreement 2016;

   ·15 January 2018 – for employees of National Injury Insurance Agency (Queensland);

   ·31 August 2018 – for employees of Trade and Investment Queensland;

   ·13 October 2020 – for employees appointed pursuant to section 109(1)(a), (b) or (c) of the Public Guardian Act 2014; and

   ·13 December 2023 – for employees employed pursuant to section 26 of the Auditor-General Act 2009.

2. By inserting a new subclause 4.1(a)(iii) as follows:

   (iii) employees whose salaries or rates of pay are fixed by this Award and who are employed pursuant to section 26 of the Auditor-General Act 2009.