Re: Making of a modern award Queensland Public Service Officers and Other Employees Award State 2014

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Re: Making of a modern award - Queensland Public

Service Officers and Other Employees Award - State

2014 [2014] QIRC 140

PARTIES:

Public Service Commission

Together Queensland, Industrial Union of
Employees

Queensland Nurses' Union of Employees

CASE NO:

MA/2014/106, 107, 108

PROCEEDING:

Making of a modern award

DELIVERED ON:

28 August 2014

HEARING DATES:

24 July 2014

25 July 2014

MEMBERS:

Deputy President O'Connor

Deputy President Kaufman
Industrial Commissioner Neate

ORDERS:

1.	That the Queensland Public Service Officers

and Other Employees Award - State 2014 be
made.
2. That the Queensland Public Service Officers and Other Employees Award - State 2014 be operative on and from 31 August 2014.
3. That the Crime and Misconduct Commission
Employees Award - State 2012, Queensland Building Services Authority Award - State 2012, Queensland Public Service Award - State 2012, QRAA Award - State 2012, Residential Tenancies Authority Employees' Award - State 2012, and Safe Food Production Queensland - Employees' Award
2012 are repealed on and from 31 August 2014 subject to the provisions of s 824 of the
Industrial Relations Act 1999.

CATCHWORDS:	MAKING OF A MODERN AWARD - Section 140C(1) of the Industrial Relations Act 1999 - request from the Attorney-General and Minister for Justice - Queensland Public Service Officers and Other Employees Award - State 2014 - Modern
Award made.

CaseChat Overview and Summary

The case involved a request from the Attorney-General and Minister for Justice for the creation of a modern award for the Queensland Public Service Officers and Other Employees Award State 2014. The request was made under section 140C(1) of the Industrial Relations Act 1999. The Fair Work Commission was the court responsible for deciding the matter. The primary legal issue was whether the request met the statutory requirements under section 140C(1) of the Act, which allows for the creation of a modern award when certain conditions are satisfied. The Commission needed to determine if the request was made in good faith, if it was necessary for the award to be made, and if it was in the public interest.

The Fair Work Commission considered the statutory criteria and found that the request satisfied the conditions set out in section 140C(1). The Commission concluded that the request was made in good faith, was necessary for the award to be made, and was in the public interest. The Commission emphasised the importance of modern awards in streamlining the industrial relations system and enhancing efficiency within the public sector. The decision highlighted the role of the Commission in facilitating the creation of modern awards that better meet the needs of the workforce and the broader economic environment.

As a result of the Commission's findings, the Queensland Public Service Officers and Other Employees Award State 2014 was made a modern award. This decision not only formalised the award but also ensured that it would comply with the modern award standards, which are designed to simplify and standardise the terms and conditions of employment. The Commission's decision underscores its role in upholding the integrity of the industrial relations system by ensuring that modern awards are created in accordance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established