Re: variation of the Stadiums Queensland Employees Award State 2016

[2020] QIRC 147

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Stadiums Queensland Employees Award – State 2016
[2020] QIRC 147

PARTIES:

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

v

Together Queensland, Industrial Union of Employees
(First Respondent)

&

The Australian Workers' Union of Employees, Queensland
(Second Respondent)

&

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

&

The Electrical Trades Union of Employees Queensland
(Fourth Respondent)

CASE NO:

MA/2020/12

PROCEEDING:

Application

DELIVERED ON:

2 September 2020

HEARING DATE: 

On the Papers

MEMBER:
HEARD AT:

Knight IC
Brisbane

ORDER:

1.     Application granted. Full Orders at end 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 Stadiums Queensland Employees Award – State 2016 ("the Award"). The Australian Workers' Union of Employees, Queensland, has raised no objections to the proposed variation, whereas the remaining union parties have consented.

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. Clauses 12.3.2 of the Award applies a requirement for a part-time employee in the childcare stream to work 1000 hours prior to moving to the next increment within a classification level.

4. The Award covers no part-time employees (as at August 2020) 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 Stadiums Queensland Employees Award – State 2016 is varied as follows:

   1.By deleting clause 12.3.2(b)(iii).

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