Application for Amendment of the Queensland Local Government Industry Award - State 2014, Re [2015] QIRC 71

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Re: Application for Amendment of the Queensland Local Government Industry Award - State 2014 [2015] QIRC 071 PARTIES: Queensland Services, Industrial Union of Employees (Applicant) v Local Government Association of Queensland Ltd (Respondent) CASE NO: A/2014/2 PARTIES: The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch (Applicant) v Local Government Association of Queensland Ltd (Respondent) CASE NO: A/2014/3 PROCEEDING: Application to vary a modern award DELIVERED ON: 24 April 2015 HEARING DATE: 2 February 2015 MEMBER: Deputy President Kaufman ORDER: 1. Each Application is dismissed subject to transitional provisions. CATCHWORDS: INDUSTRIAL LAW - safety net award - locality allowances - extra annual leave - inappropriate to import consent arrangements - equity and good conscience - discrimination between employees covered by award APPEARANCES: Mr N. Henderson, for the Queensland Services, Industrial Union of Employees. Mr B. Watson, for The Australian Workers' Union of Employees, Queensland -- 1 of 3 -- 2 Ms K. Scott, for The Association of Professional Engineers, Scientists and Managers Mr S. Blaney, for the Local Government Association of Queensland. Reasons for Decision [1] On 19 March 2015 I dismissed the applications of the Queensland Services, Industrial Union of Employees and The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch for the retention of clauses entitling certain employees of nominated councils to a locality allowance and an additional week of annual leave. [2] At paragraph 41 I said : "However, as, no doubt, some current employees, to a greater or lesser extent, will have arranged their finances and affairs relying on the allowance and the extra leave they have been receiving, I am inclined to consider a mechanism to allow them to retain these provisions for a period of time." [3] I have received the parties' submissions. The union contends that I should allow existing employees, who currently receive the entitlements, to continue to do so indefinitely or, alternatively for five years. [4] The reason given by the unions is that the "QSU is convinced that the removal of the locality allowance and the extra week of annual leave will disadvantage its members employed in Award reliant Councils and seeks retention of the provisions." [5] The LGAQ submits that the entitlement should be retained for a period of two years from the date of the making of the award, 26 September 2015. [6] The LGAQ submits that any "transitional provision should not be used to maintain an allowance/additional leave indefinitely where the basis of its continued existence does not sustain scrutiny." [7] All parties accept that any order should not apply to council parties to certified agreements. [8] I accept the submission of the LGAQ. In my decision I indicated that I considered that an appropriate period of time should be provided to allow affected employees time to rearrange their affairs to enable them to better cope with any loss of income they might suffer as a consequence of the loss of the entitlements. [9] In my view, two years is sufficient to enable such arrangements to be made. The period will operate from today's date, rather than the date of the full bench decision. -- 2 of 3 -- 3 [10] The LGAQ provided a draft order for the insertion of a transitional provision. I have slightly modified it to read: "An existing employee, employed by any of the following Councils, shall, until 26 April 2017, be entitled to receive locality allowance and annual leave subject to, and in accordance with that which applied pursuant to clauses 13.1 and 20.1.2 of the Municipal Officers’ (Aboriginal and Islander Community Councils) Award 2004, or clauses 12.1 and 23.1.2 of the Queensland Local Government Officers Award – 1998. Aurukun Shire Council Lockhart River Aboriginal Shire Council Boulia Shire Council Mapoon Aboriginal Shire Council Cloncurry Shire Council Mornington Shire Council Croydon Shire Council Napranum Aboriginal Shire Council Diamantina Shire Council Pompuraaw Aboriginal Shire Council Doomadgee Aboriginal Shire Council Woorabinda Aboriginal Shire Council Flinders Shire Council Wujal Wujal Aboriginal Shire Council Hopevale Aboriginal Shire Council Yarrabah Aboriginal Shire Council Kowanyama Aboriginal Shire Council 'Existing employee' shall mean an employee employed by one of the above Councils immediately prior to 1 October 2014, and who, by his or her calling was bound by either the Municipal Officers’ (Aboriginal and Islander Community Councils) Award 2004 or the Queensland Local Government Officers Award – 1998, and since that time has not broken his or her continuity of employment. An employee shall cease to be an existing employee where, at any time after 1 October 2014, the employee accepts employment in a calling classified in a group other than Administrative, technical, community service, supervisory and managerial (Indigenous Councils) group, or the Administrative, technical, community service, supervisory and managerial (other than Indigenous Councils) group." [11] Order accordingly. -- 3 of 3 --