State of Queensland (Office of Industrial Relations, Queensland Treasury) on behalf of the Chief Executives (or equivalent) of various entities v The Association of Professional Engineers, Scientists and Managers,
[2016] QIRC 63
•2 June 2016
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | State of Queensland (Office of Industrial Relations, Queensland Treasury) on behalf of the Chief Executives (or equivalent) of various entities v The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees & Ors [2016] QIRC 063 |
PARTIES: | State of Queensland (Office of Industrial Relations, Queensland Treasury) on behalf of the Chief Executives (or equivalent) of various entities And The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees & Ors |
CASE NO: | CA/2016/22 |
PROCEEDING: | Application for Certification of Certified Agreement |
DELIVERED ON: | 2 June 2016 |
HEARING DATE: | 1 June 2016 |
MEMBERS: | Industrial Commissioner Black |
ORDER: | Agreement certified subject to amendments |
| CATCHWORDS: | INDUSTRIAL LAW - CERTIFICATION OF AGREEMENT - Application for certification of agreement - amendments made to agreement - requirement for awards to be designated for specified employees. |
| CASES: | Industrial Relations Act 1999, s 143, s 144, s 151(3), |
| APPEARANCES: | Mr D Williams and with him Ms C Lyndon of Minter Ellison, instructed by the State of Queensland; |
Decision
Exhibits
The following documents were marked as exhibits in the proceedings:
(a)Exhibit 1 - Affidavit of Andrew Charles Harris (as amended);
(b)Exhibit 2 - Table of amendments to be made to certified agreement following the approval at ballot;
(c)Exhibit 3 - Copy of new agreement in marked up format including the amendments set out in Exhibit 2.
Application for Designation
Some employees to be covered by the proposed agreement are not presently covered by a modern Award or current Queensland pre-modernised award. Accordingly it has been necessary for the applicant to nominate designated awards to facilitate the application of the no-disadvantage test.
An application to this effect was lodged by the applicant pursuant to s 163 of the Industrial Relations Act 1999 (the Act). Designation is required to be made in respect to the following classes of employees:
(i)Pilots and air crew engaged in the operation of both fixed wing and rotary units who are employed by the Public Safety Business Agency through Queensland Government Air (QGAir). These pilots and aircrew are engaged in operational activities such as:
(a)incident response including search and rescue (sea and land); counter-disaster operations (e.g. natural disasters, evacuations); and law enforcement (e.g. tactical response to public order or siege situations); and
(b)transport including as aeromedical (primary evacuations, inter-facility transfer, organ retrieval), cargo (general cargo, secure cargo, dangerous goods) and transport (government officers, dignitaries, passengers requiring government escort [e.g. custodial]).
(ii)Administrative and operational staff, including security officers, gardeners and stewards, employed by the Office of the Governor.
The applicant submitted that the designated award for QGAir pilots should be the federal Air Pilots Award 2010 [MA000046]. It is considered that this award regulates employment conditions of employees engaged in a similar kind of work as the persons employed under the proposed agreement.
However there is no comparable federal modern award regulating the conditions of employment of air crew. In these circumstances the appellant has submitted that the federal CHC Helicopters (Aircrew/Rescue Crew) Award 2002, a federal transitional enterprise award, should be the designated award. This federal instrument regulates the employment conditions of employees engaged in a similar kind of work as the QGAir air crew employees under the proposed agreement.
In respect to employees of the Office of the Governor, the applicant has submitted that the Queensland Public Service Officers and Other Employees Award – State 2015 should be designated. This award regulates employment conditions of employees engaged in a similar kind of work as the relevant employees to be covered under the proposed agreement. Further, the wages of such relevant employees are currently aligned to comparable positions under the public service officers and other employees award.
The application for a decision about designation pursuant to s 163 of the Act is granted in the terms applied for. Pursuant to subsection (3) of s 163 it is my view that the awards proposed as designated awards regulate the conditions of employment of employees engaged in a similar kind of work to that undertaken by the relevant employees subject to the proposed agreement. I am also satisfied that the awards proposed are appropriate for the purposes of any decision about whether the State Government Entities Certified Agreement 2015 passes the no-disadvantage test.
Amendments to Agreement
I intend, pursuant to s 151(3) of the Act, to make amendments to the version of the new agreement that was subject to ballot. I accept that the amendments put forward by the parties to the agreement have been made either for a formal or clerical reason, or alternatively, that the amendments proposed do not adversely affect the interests of relevant employees. The amendments to be made are those amendments which are set out in Exhibit 2.
Application for Certification
I am satisfied that the things required to be done by s 143 and s 144 of the Act have been done. I am also satisfied that the provisions of s 156 of the Act have been complied with and in particular that a valid majority of the relevant employees employed at the time have approved the agreement, and that the agreement passes the no disadvantage test as defined in s 160 of the Act. Further, I am satisfied that none of the provisions of s 157 of the Act require me to refuse to certify the agreement.
In these circumstances, and having regard to the submissions of the parties and the affidavit of Andrew Charles Harris, the decision of the Commission is to certify the State Government Entities Certified Agreement 2015 (as amended). A certificate of certification will issue separately.
The new agreement replaces the State Government Departments Certified Agreement 2009 except in the case of employees of TAFE Queensland and nursing staff employed by the Department of Education and Training, who are excluded from the scope of the new agreement. The new agreement also replaces the Crime and Misconduct Commission Certified Agreement 2009.
The agreement will have effect from 1 June 2016. The nominal expiry date of the agreement will be 31 August 2018.
I determine and Order accordingly.
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