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Queensland Rail Transit Authority Bill 2013
Queensland Rail Transit Authority Bill 2013
Explanatory Notes
FOR
Amendments To Be Moved During
Consideration In Detail By The Honourable
Scott Emerson MP
Title of the Bill
Queensland Rail Transit Authority Bill 2013
Objectives of the Amendments
The amendments to be moved during Consideration in Detail have the following objectives.
Firstly, a minor amendment will be made to clause 9(1)(b) of the Bill to replace an incorrect
reference to "railway stock" with the correct reference which is "rolling stock".
The second amendment will be made to clause 43 to include an example of what may be deleted
under this clause. This amendment provides some context to the provision by illustrating one
example where there may be a practical need for commercially sensitive matters to be deleted
from the annual report prior to publication.
The third amendment to be moved during Consideration in Detail will clarify the obligations on
the Authority to consult with employees and employee representatives about any proposed or
future organisational change. The clarification will ensure that the Authority has the same
obligations to consult over organisational change as the majority of other public service
employers. The clarification will ensure employees of the new Authority will be treated in
precisely the same way as nurses, teachers, prison officers and ambulance officers when it
comes to organisational change in the workplace.
Achievement of the Objectives
The amendments will support the policy objectives of the Bill which are outlined in the
Explanatory Note to the Bill. In particular, the amendments will ensure the Bill uses the correct
terminology, provides an example of when there may be a need for commercially sensitive
information to be deleted from the annual report and appropriately outlines the industrial
relations consequences associated with the changes.
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Queensland Rail Transit Authority Bill 2013
Alternative Ways of Achieving Policy Objectives
Amendment of the Bill is required to properly give effect to the relevant policy objectives.
Estimated Cost for Government Implementation
There are no direct financial consequences of the amendments to be moved during
Consideration in Detail.
Consistency with Fundamental Legislative Principles
The amendments to be moved during Consideration in Detail do not raise any Fundamental
Legislative Principle issues.
Consultation
The Department of the Premier and Cabinet, Queensland Treasury and Trade and the Public
Service Commission have been consulted and agree with the proposed amendments.
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Queensland Rail Transit Authority Bill 2013
NOTES ON PROVISIONS
Clause 1 amends clause 9(1)(b) by replacing the reference to "railway stock" with "rolling
stock" to correct a minor error.
Clause 2 amends clause 43 by inserting an example of a commercially sensitive matter that
may be deleted from an annual report under this clause.
Clause 3 inserts new clauses 76(3) and 76(4).
Clause 76(3) ensures that clause 8 (Consultation regarding major workplace change) of the
Rail Industry Award 2010 will apply regardless of any provision in a certified agreement to
the contrary. This clause is necessary because the federal enterprise agreements, which
become state certified agreements, provide that the agreements operate to the exclusion of the
award. Clause 76(3) specifies that clause 8 of the award applies to the Authority, the
employees under the particular certified agreement, and any relevant state registered
employee organisation. Clause 8 of the award is not incorporated into the certified
agreement; it applies through the operation of the legislation.
Clause 76(4) provides that clause 8 of the Rail Industry Award 2010 is a termination, change
and redundancy (TCR) provision for the purposes of section 691D(4) of the IR Act. The
inclusion of clause 76(4) ensures that the principles set out at section 691D(2) of the IR Act
will apply to clause 8 of the Rail Industry Award 2010 when it becomes a state award. In
accordance with section 691D(3) of the IR Act those parts of clause 8 of the award that are
inconsistent with the principles will be of no effect.
ŠThe State of Queensland 2013
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