Agforce Queensland Industrial Union of Employers v The Australian Workers’ Union of Employees, Queensland & Anor [2000] QIRC 98 (2000) 165 QGIG 160

160 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 20 October, 2000 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 287 – application for exclusion from general ruling Agforce Queensland Industrial Union of Employers AND The Australian Workers’ Union of Employees, Queensland and Another (No. B1291 of 2000) SHEARING INDUSTRY AWARD – STATE COMMISSIONER BLOOMFIELD 10 October 2000 Exclusion from State Wage Case General Ruling of 8/8/2000 – Section 287 of Act – Shearing Industry Award – Strong opposition from AWU – Substantial wage increases from 1/1/2000 – 1/1/2000 wage increases by agreement with Agforce – Wage increases not the type contemplated by Principle 3(b)(ii) – Arbitrated Matter – Commission found that the Award had not received a wage increase since 1992 for a reason other than safety net, State Wage Case, work value or minimum rates adjustments – No basis to exclude the Award from the General Ruling of 8/8/2000 – Application dismissed. DECISION Agforce Queensland Industrial Union of Employers has applied for exclusion, under s. 287 of the Industrial Relations Act 1999, of the Shearing Industry Award – State from the Declaration of General Ruling handed down by a Full Bench of the Commission on 8 August 2000. Mr W. Turner, of Turner IR Qld Pty Ltd, who appeared for Agforce, said that wage rates under the subject Award had been amended by decision of Commissioner Blades to provide for substantial wage increases from 1 January 2000. Mr Turner claimed that the wage increases were not the result of safety net, State Wage Case, work value or minimum rates adjustments. He could not say how the increase was said to have been justified. Mr Turner said it was open to Agforce to apply for an exclusion from the State Wage Case, pursuant to Principle 3(b)(ii) of the State Wage Case Principles, to the extent that wage rates under the Award had increased since 1 February 1992. In making this submission Mr Turner indicated that the decision of Commissioner Blades, operative from 1 January 2000, had resulted in varying increases for different employees covered by the Award. As a consequence, Agforce did not seek for the State Wage increase to be excluded from the Award per se but only to the extent that award wage increases had increased in each classification since 1 February 1992. On behalf of The Australian Workers’ Union of Employees, Queensland (AWU) Mr B. Swan indicated the Union’s strong opposition to the application. In particular, he said that the increases to the Award which had occurred from 1 January 2000 had been the direct result of previous safety net, State Wage Case or minimum rates adjustments. In this regard he highlighted that Commissioner Bechly had decided in 1995 to change various formulae used to calculate the wage rates for certain persons covered by the Award. However, the Commissioner’s decision had never been properly implemented and, as a consequence, subsequent State Wage increases had been calculated on incorrect rates using incorrect formulae. Mr Swan said that the amendment to the Award operative from 1 January 2000 had occurred following the lodgement of an application by AWU to re- calculate various State Wage Case adjustments taking into account the decision of Commissioner Bechly in 1995. He also said that rather than apply for retrospective increases in the Award to reflect Commissioner Bechly’s decision, AWU had reached agreement with Agforce that the rates would be adjusted at a single point in time. The date agreed to had been 1 January 2000. The increase in certain award rates which occurred on and from that date was the direct result of re-calculating State Wage Case increases from 1995 using the formulae determined by Commissioner Bechly. The increase was, therefore, not the type of increase contemplated by Principle 3(b)(ii). I have had the opportunity of reading Exhibit 5 to these proceedings which are the submissions of AWU in the matter before Commissioner Blades (referred to above). The submissions make it clear that AWU was asking the Commission to insert the wages formulae decided by Commissioner Bechly in 1995 and to “revisit” the rates of wage set out in the Award in light of State Wage Case decisions occurring subsequent to that time. Further, the Union asked Commissioner Blades to review an earlier decision of Commissioner Bechly relating to the engagement of shed hands on a “not found” basis. I have also had the opportunity to review the decision of Commissioner Blades in which he found that an agreement existed between Agforce and AWU and amended the Award, operative from 1 January 2000, to reflect that agreement. In reaching that decision he accepted the evidence of Mr Swan about how the agreement had arisen as well as its basis. I am satisfied upon my review of that material and the submissions and the other exhibits tendered in these proceedings that the Shearing Industry Award – State has not received a wage increase since 1992 for a reason other than safety net, State Wage Case, work value or minimum rates adjustments. Accordingly, there is no basis upon which the Commission can act to exclude the Shearing Industry Award – State from the General Ruling handed down by a Full Bench of the Commission on 8 August 2000. -- 1 of 2 -- 20 October, 2000 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 161 Consequently, application number B1291 of 2000 is dismissed. The Commission determines and orders accordingly. In addition, because of previous confusion in this Award about actual increases and operative dates, I wish to reinforce that the State Wage increase, which involved a $15.00 per week increase to classifications under the Award, operated from 1 September 2000. The operative date has not been altered because of Agforce’s unsuccessful application in this matter. Further, as a member of the Shearing Industry panel, I shall request the Registrar to arrange for an amendment to the Award to be published expeditiously which will set out the wage rates operative from 1 September 2000. I shall ask the Registrar to liaise with Agforce and AWU about the formulae to be used, noting the decision of Commissioner Bechly in 1995 and the amendment to the Award made by Commissioner Blades from 1 January 2000, with recourse to myself should the parties be unable to agree on actual rates. A.L. BLOOMFIELD, Commissioner. Released: 10 October 2000 Appearances:– Mr W. Turner, of Turner IR Qld Pty Ltd, for Agforce Queensland Industrial Union of Employers. Mr B. Swan for The Australian Workers’ Union of Employees, Queensland. Mr M. Smith for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. -- 2 of 2 --