Application for Reopening in Regard to "The Declaration of General Ruling (State Wage Case 2014) [2014] 130", case numbers: B/2014/28 and B/2014/30 [2015] QIRC 183

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Application for Reopening in Regard to "The Declaration of General Ruling (State Wage Case 2014) [2014] 130", case numbers: B/2014/28 and B/2014/30 [2015] QIRC 183 PARTIES: OTHER: Curtis Warren Pitt, Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships (Applicant) Queensland Council of Unions CASE NO: B/2015/23 PROCEEDING: Application to Reopen Matter DELIVERED ON: 28 October 2015 HEARING DATE: 7 August 2015 HEARD AT: Brisbane MEMBERS: Deputy President Kaufman Industrial Commissioner Fisher Industrial Commissioner Thompson ORDER: 1. The Legal Aid Queensland Employees Award - State 2014, Queensland Agricultural Colleges Award - State 2014, Queensland Parliamentary Service Award - State 2014, Queensland Public Service Officers and Other Employees Award - State 2014, Resident Medical Officers (Queensland Health) Award - State 2014, Tourism and Events Queensland Employees Award - State 2014, WorkCover Queensland Employees Award - State 2014 be varied in accordance with the 2014 Declaration of General Ruling. 2. The variations have effect from 1 September 2014. CATCHWORDS: INDUSTRIAL LAW - AWARDS - application to reopen - extend scope of declaration of general ruling - State Wage Case - oral application to vary -- 1 of 3 -- 2 CASES: Industrial Relations Act 1999, s 280, s 284 Industrial Relations (Tribunals) Rules 2011 Application for Declaration of General Ruling (State Wage Case 2015) [2015] QIRC 154 APPEARANCES: Mr A. James, for the Minister for Employment and Industrial Relations. Mr J. Martin, for the Queensland Council of Unions. Reasons for Decision [1] On 29 July 2015 the Honourable Curtis Warren Pitt, Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships applied to the Commission1 to have the State Wage Case 20142 reopened in order to extend the operation of the Declaration of General Ruling, which had been made as a consequence of the decision, to seven modern awards. They are:  Legal Aid Queensland Employees Award - State 2014  Queensland Agricultural Colleges Award - State 2014  Queensland Parliamentary Service Award - State 2014  Queensland Public Service Officers and Other Employees Award - State 2014  Resident Medical Officers (Queensland Health) Award - State 2014  Tourism and Events Queensland Employees Award - State 2014  WorkCover Queensland Employees Award - State 2014 [2] The matter was heard by this full bench on 7 August 2015, at which time Mr A. James appeared for the Minister and Mr J. Martin appeared for the Queensland Council of Unions. [3] The 2014 Ruling only applied to pre-modernisation awards. This was because s 287 of the Industrial Relations Act 1999, the section under which the Ruling was made, at that time empowered the Commission to make general rulings only, "…for employees bound by a pre-modernisation industrial instrument…". [4] Further, at the time of the making of the Ruling, no modern awards had been made. [5] Section 287 was amended on 7 November 2014 to remove the words "pre-modernisation" from s 287(1)(a) with retrospective effect from 31 December 2013, thereby enabling a Declaration of General Ruling to be made in respect of modern awards. [6] The awards the subject of the application were made on 28 and 29 August 2014, with the 2014 State Wage Case decision having been published on 22 August 2014. 1 Under s 280 of the Industrial Relations Act 1999. 2 Application for Declaration of General Ruling (State Wage Case 2015) [2015] QIRC 154 (B/2015/15) Deputy President O'Connor, Deputy President Bloomfield, Deputy President Kaufman 20/08/2015. -- 2 of 3 -- 3 [7] During the course of the hearing it became apparent that an application for reopening was not the appropriate vehicle. Mr James, with leave of the full bench, which waived compliance with the Industrial Relations (Tribunal) Rules 2011 to the extent necessary, made an oral application for the variation of the seven awards to give effect to the Ruling. [8] We indicated that we were prepared to vary the awards to give effect to the Declaration of General Ruling. We accept that it is appropriate that employees covered by all awards have their wages and allowances increased in accordance with the outcomes of State Wage Case decisions. In particular, because modern awards are minimum safety net awards; it is desirable that they had properly fixed minimum wage rates and allowances. [9] We indicated to the parties that upon the receipt of draft orders we would vary the awards. We have now received the draft orders. [10] The awards will be varied in accordance with the 2014 Declaration of General Ruling. [11] The variations will operate on and from the first pay period to commence after 1 September 2014. [12] Order varying the awards will be made concurrently with the publication of these reasons. -- 3 of 3 --