Re: variation of the Teaching in State Education Award - State 2016

[2020] QIRC 148

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: variation of the Teaching in State Education Award – State 2016

[2020] QIRC 148

PARTIES:      

State of Queensland (Office of Industrial Relations)

(Applicant)

v

Together Queensland, Industrial Union of Employees

(First Respondent)

&

Queensland Teachers Union of Employees

(Second Respondent)

CASE NO:

MA/2020/13

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 pages 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 Teaching in State Education Award – State 2016 ("the Award"). Together Queensland, Industrial Union of Employees consented to the proposed variation, whereas the Queensland Teachers 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]           The Award is said to apply an hours-based barrier to increment progression:

Clause Reference

Applies to

Hours to work prior to increment progression

12.5

Community Education Counsellor

Progress by annual increments based upon full-time service requirements

12.9.5

Teacher, head of program, school leader, community teacher and assistant teacher

The equivalent of one-year full-time service

12.11

Community Education Counsellor

1200 hours

[4]           The Award covers approximately 10,367 part-time employees (as at June 2019) who are subject to the provision applying an hours-based barrier to increment progression.

[5]           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.

[6]           I grant the application and make the necessary orders to vary the Award.

Orders

Pursuant to s 147 of the Act, the Teaching in State Education Award – State 2016 is varied as follows:

1.  By deleting clause 12.5 and inserting the following in lieu thereof:

(a)   Community education counsellors not holding a diploma, advanced diploma or equivalent qualification, including those persons currently enrolled and pursuing such a qualification, shall be appointed to Level 1 Step 1 of the CEC stream. These employees will progress by annual increments, except in the case of a casual counsellor where a period of at least 12 months at a particular classification and paypoint, and 1,200 ordinary hours worked in such classification is required.

(b)   Community education counsellors holding a diploma, advanced diploma or equivalent qualification upon appointment or upon later completion of such a qualification shall be appointed to Level 2 Step 1 of the CEC stream. These employees will progress by annual increments, except in the case of a casual counsellor where a period of at least 12 months at a particular classification and paypoint, and 1,200 ordinary hours worked in such classification is required.

(c)    Community education counsellors holding a degree or equivalent qualification shall be appointed to Level 3 Step 1 of the CEC stream. These employees will progress by annual increments, except in the case of a casual counsellor where a period of at least 12 months at a particular classification and paypoint, and 1,200 ordinary hours worked in such classification is required.

(d)   Community education counsellors appointed to selected positions operating at a regional or statewide level shall be appointed to Level 4 Step 1 of the CEC stream. These employees will progress by annual increments, except in the case of a casual counsellor where a period of at least 12 months at a particular classification and paypoint, and 1,200 ordinary hours worked in such classification is required. Appointment to Level 4 shall be by way of successful application to specific vacant positions.

2.  By deleting clause 12.9.5 and inserting the following in lieu thereof:

Classification increments of salary will become due when the part-time teacher, head of program, school leader has completed one year service.

3.  By deleting clause 12.11(c) and inserting the following in lieu thereof:

(c)   Except in the case of a promotion, an increase is not to be made to the salary of a casual counsellor with 12 months' continuous service with DoE until the counsellor:

(i)      has received a salary at a particular classification and paypoint for a period of at least 12 months; and

(ii)     has worked 1,200 ordinary hours in such classification; or

(iii)    has met the qualification criteria above in clause 12.5.

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