QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:
	Re: Application for decision about designated award [2024] QIRC 076
	
PARTIES:	
	State of Queensland (Queensland Police Service)

AND

Together Queensland, Industrial Union of Employees

Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland 

The Electrical Trades Union of Employees Queensland 

United Workers' Union, Industrial Union of Employees, Queensland 

Queensland Nurses and Midwives' Union of Employees

Transport Workers' Union of Australia, Union of Employees (Queensland Branch)
	
CASE NO:	CB/2024/18	
PROCEEDING:	Application	
DELIVERED ON:	Order made on 22 March 2024; reasons delivered on 2 April 2024.	
HEARING DATE: 	22 March 2024	
MEMBER:	Butler IC	
HEARD AT:	Brisbane	
ORDER:	The application is granted.
	
CATCHWORDS:	INDUSTRIAL LAW – COLLECTIVE BARGAINING – Application for decision about designated award for a certified agreement	
LEGISLATION:	Industrial Relations Act 2016 (Qld) s 213 	
APPEARANCES:	Mr G. Patterson and Ms K. Matley for State of Queensland (Queensland Police Service)

Mr K. McKay of Together Queensland, Industrial Union of Employees
 
Mr D. Lacey of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland 

Mr A. Nash of United Workers' Union, Industrial Union of Employees, Queensland 

Mr D. Seage of Queensland Nurses and Midwives' Union of Employees

Reasons for Decision
[1]	This is an application made by the State of Queensland (Queensland Police Service) pursuant to section 213 of the Industrial Relations Act 2016 for the designation of two awards as being appropriate for deciding whether a proposed certified agreement passes the no-disadvantage test.
[2]	These are the reasons for my decision, made at hearing on 22 March 2024, to grant the application.
[3]	Section 213 of the Industrial Relations Act provides:
213 Deciding designated awards 
(1) This section applies if— 
(a) an employer, or an employee organisation, proposes to make a certified agreement; and
(b) there is no relevant award for some or all of the persons to whom the agreement will apply. 
(2) The employer or organisation must apply to the commission for a decision under subsection (3). 
(3) On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test. 
(4) The commission must give the employer or organisation in written notice of the commission's decision.
[4]	For the purposes of this application the proposed certified agreement is Queensland Police Service Staff Members Certified Agreement 2023.
[5]	The cohort of employees to which this application applies is described as the Queensland Police Service Aviation Capability Group (Fixed and Rotary – Pilots and Engineers).
[6]	The applicant says there is no relevant award in respect of this cohort of employees. The employees within this cohort are among, but are not all of, the employees to whom the proposed agreement will apply. Accordingly, it has made this application as required by subsection 213(2) of the Industrial Relations Act.
[7]	An affidavit of Mr Gary Patterson, the Queensland Police Service's Director, Employee Relations, of 14 March 2024, was filed in support of the application. In respect of the kind of work undertaken by the employees in respect of whom the application is made, the affidavit stated the following:
3. The Queensland Police Service engages pilots, engineers and aircrew who are covered by the proposed agreement in the operational unit of its Aviation Capability Group in fixed wing and rotary units who are covered by the proposed agreement. In relation to these employees
a. The fixed wing unit engages pilots and engineers;
b. The rotary unit engages pilots, engineers and aircrew.
4. The pilots and engineers 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)
b. Transport including aeromedical (primary evacuations, inter-facility, organ retrieval), cargo (general cargo, secure cargo, dangerous goods) and transport (government officers, dignitaries, passengers requiring government escort)
[8]	The applicant proposes that: 
(a)	with respect to pilots, the designated award be the federal Air Pilots Award 2020; and
(b)	with respect to engineers, the designated award be the federal Airline Operations – Ground Staff Award 2020.
[9]	Federal awards are capable of being considered awards for the purposes of section 213 by operation of section 6 and Schedule 5 of the Industrial Relations Act.
[10]	The applicant says these awards regulate the employment conditions of employees engaged in similar kinds of work as that undertaken by persons under the proposed certified agreement. 
[11]	The fourth respondent, United Workers' Union, Industrial Union of Employees, Queensland, appeared at the hearing and did not oppose this application. Nor did any other respondent oppose this application. 
[12]	On reading the application and the affidavit of Mr Patterson, and on hearing from the applicant and other parties at hearing, I was satisfied that:
(a)	Section 213 applies in respect of this cohort of employees, that is, pilots and engineers; and
(b)	Each of the two federal awards identified in the affidavit of Mr Patterson is: 
(i)	an award that regulates employment conditions of employees engaged in a similar kind of work as the persons under the proposed agreement; and
(ii)	appropriate for deciding whether Queensland Police Service Staff Members Certified Agreement 2023 passes the no-disadvantage test. 
[13]	Accordingly, at the hearing, I granted the application, deciding that each of the two nominated federal awards was appropriate for deciding whether the Queensland Police Service Staff Members Certified Agreement 2023 passes the no-disadvantage test. 
Order
[14]	I made the following order: 
The application is granted.