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INDUSTRIAL RELATIONS ACT 2016
- As at 1 February 2024
- Act 63 of 2016
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Commencement
3. Main purpose of Act
4. How main purpose is primarily achieved
5. Act binds all persons
PART 2 - INTERPRETATION
6. Definitions
7. Who is an employer
8. Who is an employee
9. What is an industrial matter
PART 3 - GENERAL OVERVIEW OF SCOPE OF ACT
10. Purpose of part
11. Definition for part
12. Who this Act applies to generally
13. Who this Act applies to—particular provisions
CHAPTER 2 - MODERN EMPLOYMENT CONDITIONS
PART 1 - PRELIMINARY
14. Definitions for chapter
15. Meaning of long term casual employee
PART 2 - INTERACTION OF ELEMENTS OF INDUSTRIAL RELATIONS SYSTEM
16. What part is about
17. Relationship between Queensland Employment Standards and other laws
18. Relationship between Queensland Employment Standards and industrial instruments
19. Relationship of modern award with certified agreement
20. Relationship of modern award with contract of employment
PART 3 - QUEENSLAND EMPLOYMENT STANDARDS
Division 1 - Preliminary
21. Meaning of Queensland Employment Standards
Division 2 - Minimum wage
22. Entitlement to minimum wage
Division 3 - Maximum weekly hours
23. Maximum weekly hours
24. Applicable industrial instruments may provide for averaging of hours of work
25. Averaging of hours of work for employees not covered by applicable industrial instruments
26. Deciding whether additional hours are reasonable
Division 4 - Flexible working arrangements
27. Request for flexible working arrangements
28. Decision about request for flexible working arrangements
29. Deemed refusal of request for flexible working arrangements
Division 5 - Annual leave
Subdivision 1 - Entitlement to annual leave
30. Application of subdivision
31. Entitlement
32. Working out completed year of employment
Subdivision 2 - Taking annual leave
33. When annual leave may be taken
34. Terms that may be included in applicable industrial instruments
Subdivision 3 - Payment for annual leave
35. Payment for annual leave
36. Annual leave loading
Subdivision 4 - Cashing out annual leave
37. Requirements for cashing out annual leave
Subdivision 5 - Payment on termination of employment
38. Payment for annual leave on termination of employment
Division 6 - Personal leave
Subdivision 1 - Sick leave
39. Application of subdivision
40. Entitlement to sick leave
41. Requirement for employee to give notice etc.
Subdivision 2 - Carer’s leave
42. Entitlement—employees other than casual employees
43. Entitlement—long term casual employees
44. Entitlement—short term casual employees
45. Employee to provide evidence to employer
Subdivision 3 - Bereavement and compassionate leave
46. Application of subdivision
47. Entitlement—employees other than casual employees
48. Entitlement—casual employees
49. Evidence to be provided by employee
50. Additional leave
Subdivision 4 - Cultural leave
51. Entitlement
Division 7 - Domestic and family violence leave
52. Entitlement to domestic and family violence leave
53. Requirement for employee to give notice
54. Employer may request evidence
Division 8 - Parental leave
Subdivision 1 - Preliminary
55. Application of division
56. Explanation of types of parental leave
57. Definitions for division
Subdivision 2 - Parental leave entitlement
58. Application of subdivision
59. Entitlement to birth-related leave
60. Entitlement to adoption leave
61. Entitlement to surrogacy leave
61A. Entitlement to cultural parent leave
62. Maximum period of parental leave
Subdivision 3 - Notices and information
63. Employee notice—intention of pregnant employee to take birth-related leave
64. Employee notice—intention of pregnant employee’s spouse to take birth-related leave
65. Employee notice—intention to take adoption leave
66. Employee notice—intention to take surrogacy leave
66A. Employee notice—intention to take cultural parent leave
67. Reasons not to give notice or documents
68. Consequences of failure to give notice of intention to take parental leave
69. Employee notice—change to situation
70. Employee to advise employer about particular changes
71. Employer to advise about parental leave entitlements
72. Employer’s obligation to advise about significant change at the workplace
Subdivision 4 - Application to extend parental leave or work part-time
73. Application for extension of parental leave
74. Application to work part-time
75. Application for extension or part-time work
76. Employer’s decision on application for extension or part-time work
Subdivision 5 - Other provisions affecting duration of parental leave
77. Spouses not to take long parental leave at same time
78. Cancelling parental leave
79. Parental leave with other leave
80. Working on a keeping in touch day during period of parental leave
81. Interruption of parental leave by return to work
82. Extending period of parental leave by notice
83. Shortening period of parental leave
84. Effect on parental leave of employee ceasing to be responsible for the care of the child
Subdivision 6 - Other entitlements
85. Special pregnancy-related leave and sick leave
85A. Birth-related leave—stillborn child
86. Special adoption leave
87. Special surrogacy leave
87A. Special cultural recognition order leave
87B. Flexible parental leave
88. Return to work after parental leave etc.
89. Transfer to a safe job
90. Continuity of service
91. Dismissal because of pregnancy or parental leave
92. Replacement employees
Division 9 - Long service leave
Note—
Subdivision 1 - Preliminary
93. Definitions for division
Subdivision 2 - Relationship of this division with continuity of service provisions
94. Application of pt 4 for particular purposes
Subdivision 3 - Entitlement
95. Entitlement—employees other than seasonal employees
96. Continuity of service—service before 23 June 1990
Subdivision 4 - Taking long service leave
97. Taking long service leave
Subdivision 5 - Payment for long service leave etc. for employees generally
98. Rate of payment
99. Payment for commission
100. Disputes about payment—piecework rates
101. Other matters relating to payment for long service leave
Subdivision 6 - Casual or regular part-time employees
102. Definition for subdivision
103. Continuity of service—casual employees
104. Taking long service leave—casual or regular part-time employees
105. Payment for long service leave
Subdivision 7 - Seasonal employees in sugar industry and meat works
106. Application of subdivision
107. Entitlement to long service leave
108. Taking long service leave
Subdivision 8 - Other seasonal employees
109. Entitlement of other seasonal employees
Subdivision 9 - Miscellaneous provisions
110. Payment instead of long service leave
111. Payment instead of long service leave on death
112. Continuity not broken by service in Reserve Forces
113. Recognition of certain exemptions
114. Person who is both employer and employee
Division 10 - Public holidays
115. Definitions for division
116. Entitlement to be absent on public holiday
117. Payment for public holiday
Division 11 - Emergency service leave
Note—
118. Entitlement
Division 12 - Jury service leave
Note—
119. Entitlement
Division 13 - Notice of termination and redundancy
Subdivision 1 - Notice of termination
120. Application of subdivision
121. What employer must do to dismiss employee
122. Employer’s failure to give notice or pay compensation
123. Minimum period of notice required from employers
124. Minimum amount of compensation required
Subdivision 2 - Redundancy pay
125. Application of this subdivision
126. Entitlement to redundancy pay
127. Variation of redundancy pay by commission
Division 14 - Information statements
128. Chief executive to prepare and publish information statement
129. Employer to give particular information to employees when they start working for employer
PART 4 - CONTINUITY OF SERVICE AND EMPLOYMENT
130. Definitions for part
131. How part applies
132. Continuity of service—transfer of calling
133. Continuity of service—apprentices or trainees
134. Continuity of service—generally
PART 5 - WAGES AND EMPLOYMENT CONDITIONS FOR APPRENTICES AND TRAINEES
135. Apprentice’s and trainee’s employment conditions
136. Order setting minimum wages and conditions
137. Order setting tool allowance
138. Wages payable to former apprentices or trainees
139. Reinstatement to previous position
PART 6 - LABOUR MARKET PROGRAMS
140. Orders for wages and employment conditions
CHAPTER 3 - MODERN AWARDS
PART 1 - PRELIMINARY
141. General requirements for commission exercising powers
142. General requirement about minimum wages
PART 2 - CONTENT OF MODERN AWARDS
143. Content of modern awards
144. Dispute resolution procedure
145. Flow-on of provisions from certified agreements
146. Flow-on of provisions from directives
PART 3 - MAKING, VARYING AND REVOKING MODERN AWARDS
147. Commission’s power to make or vary modern awards
148. When variation takes effect
149. Variation of modern awards to correct minor errors etc.
150. Commission’s power to revoke modern awards
PART 4 - COVERAGE AND OPERATION OF MODERN AWARDS
151. Contravention of modern awards
152. Significance of application of modern awards
153. Who a modern award applies to
154. Application to successors
155. When modern awards operate
PART 5 - REVIEW OF MODERN AWARDS
156. Commission’s power to review modern awards
157. Review on application by Queensland Human Rights Commission
PART 6 - TECHNICAL MATTERS
158. Definition for part
159. Formal requirements of relevant instruments
160. Publication of relevant instruments
161. Publication of varied awards
162. Interpretation of relevant instrument
CHAPTER 4 - COLLECTIVE BARGAINING
PART 1 - PRELIMINARY
Division 1 - Purpose and application
163. Purpose of chapter
Division 2 - Some basic concepts about collective bargaining
164. What is a certified agreement
165. Who may make certified agreements
166. What is a bargaining award
167. Requirements for making bargaining awards
Division 3 - Other definitions
168. Definitions for chapter
PART 2 - COLLECTIVE BARGAINING PROCESS
169. Notice of intention to bargain
170. Notice of intention to be party to bargaining
171. Proposed bargaining instrument to be given to employees for approval
172. Negotiations relating to projects
173. Parties must negotiate in good faith
174. Peace obligation period to assist negotiations
PART 3 - CONCILIATION AND ARBITRATION BY COMMISSION
Division 1 - Conciliation
175. Application of division
176. Commission’s role in conciliation
177. Referral to arbitration by conciliating member
178. Consent application for arbitration
Division 2 - Arbitration
179. Application of division
179A. Constitution of commission for arbitration proceedings
180. Commission to arbitrate disputed matters
181. Arbitration determination may include agreed matters
182. Commission must publish reasons
183. Operation of arbitration determinations
PART 4 - SCOPE ORDERS
184. Applications for scope orders
185. Making scope orders
186. Matters to be stated in scope orders
187. Power to make or vary other orders etc.
188. Duration of scope order
PART 5 - CERTIFYING AGREEMENTS AND MAKING BARGAINING AWARDS
Division 1 - Making and hearing applications
189. Application for certification of agreement
190. Application for making of bargaining award
191. Notice of hearing
192. Entities that may be heard on application
Division 2 - Deciding applications
Subdivision 1 - Commission’s decision on applications
193. Requirements for commission’s decision
194. Opportunity to take action before commission refuses to grant application
Subdivision 2 - Requirements for granting applications
195. Compliance with bargaining process requirements
196. Proposed bargaining instrument to be in writing and signed by parties
197. Approval by relevant employees
198. Provisions and other information to be included
199. No-disadvantage test
200. Agreements—requirements about parties
201. Equal remuneration
202. Proposed bargaining awards—requirement about relevant modern award
203. Consistency with scope order
Subdivision 3 - Refusal to grant applications
204. Inconsistency with equal remuneration orders etc.
205. Objectionable terms
206. Contravention of ch 8, pt 1, div 4
207. Discriminatory provisions
208. Displacement of Queensland Employment Standards
209. Employees covered by the proposed bargaining instrument
Division 3 - No-disadvantage test
210. When proposed bargaining instrument passes the no-disadvantage test
211. Special case—employee eligible for supported wage system
212. Special case—employee undertaking approved apprenticeship or traineeship
213. Deciding designated awards
Division 4 - Other provisions
214. Procedures for preventing and settling disputes
215. Publication of bargaining instruments
PART 6 - EFFECT OF BARGAINING INSTRUMENTS
216. When certified agreements operate
217. When bargaining awards operate
218. Contravening bargaining instruments
219. Significance of application of bargaining instrument
220. Who a bargaining instrument applies to
221. Who is covered by a bargaining instrument
222. Application of bargaining instrument to successor employers
PART 7 - EXTENDING, AMENDING AND TERMINATING BARGAINING INSTRUMENTS ETC.
Division 1 - Extension of bargaining instruments
223. Extension of nominal expiry date
Division 2 - Amendment of bargaining instruments
224. Power to amend bargaining instruments
225. Amendment on application
226. Amendment of parties to bargaining award by consent
Division 3 - Termination of certified agreements and arbitration determinations
227. Termination on or before nominal expiry date
228. Termination after nominal expiry date
Division 4 - Termination of bargaining awards
229. Termination of bargaining awards and conversion into modern awards
230. Publication of modern award
PART 8 - PROTECTED INDUSTRIAL ACTION
Division 1 - Preliminary
231. Definition for part
232. Right to take protected industrial action
Division 2 - Process for taking protected industrial action
233. When industrial action is protected industrial action
234. When industrial action is not protected industrial action
235. Approval to engage in industrial action
236. Notice of industrial action must be given
Division 3 - Consequences of protected industrial action
237. Legal effect of protected industrial action
238. Employer must not prejudice employee for engaging in protected industrial action
239. Remedies if employee prejudiced for engaging in protected industrial action
Division 4 - Suspension or termination by commission of protected industrial action
240. Suspension or termination if significant economic harm to employers or employees
241. Suspension or termination if life, property, health or welfare is endangered
PART 9 - GENERAL
242. Certificate as to requested representation
243. Secret ballot on valid majority
244. Coercion
CHAPTER 5 - EQUAL REMUNERATION
PART 1 - PRELIMINARY
245. Purpose of chapter
246. Definition for chapter
PART 2 - INSTRUMENTS AFFECTING WAGES
Division 1 - Making of modern awards
247. Application of division
248. Requirements for commission—ensuring modern award provides for equal remuneration
249. Commission to make order if test not passed
Division 2 - Bargaining instruments and other instruments
250. Requirement for application relating to proposed bargaining instrument
251. Commission may give directions about wage-related information
PART 3 - EQUAL REMUNERATION ORDERS
252. Orders requiring equal remuneration
253. Orders on application etc.
254. Requirements about making of order on application
255. Immediate or progressive introduction of equal remuneration
256. Employer not to reduce remuneration
257. Part does not limit other rights
258. Applications under this part
PART 4 - MISCELLANEOUS
259. Commission may make statement of policy about operation of chapter
CHAPTER 6 - INDUSTRIAL DISPUTES
PART 1 - PRELIMINARY
260. Definitions for chapter
PART 2 - NOTICE OF INDUSTRIAL DISPUTE
261. Notice must be given to registrar
PART 3 - ACTION FOR PREVENTING OR SETTLING INDUSTRIAL DISPUTES
262. Action on industrial dispute
263. Mediation by commission
264. Compulsory conference
265. Enforcing commission’s orders
266. Remedies on show cause notice
PART 4 - INDUSTRIAL ACTION
267. Indemnity against agent’s unauthorised actions
268. Payments for strikes not compellable
269. Orders for contravention of s 268
270. Commission must not deal with claims for payments for strikes
271. Right to refuse work if imminent health or safety risk
CHAPTER 7 - EMPLOYEES BULLIED IN THE WORKPLACE
272. When is an employee bullied in the workplace
273. Application for a commission order to stop bullying
274. Commission to deal with applications promptly
275. Commission may make orders to stop bullying
276. Contravening an order to stop bullying
277. Actions under work health and safety laws permitted
CHAPTER 8 - RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, ORGANISATIONS ETC.
PART 1 - GENERAL PROTECTIONS
Division 1 - Introduction
278. Purposes of part
279. Definitions
Division 2 - Application of this part
280. Action to which this part applies
281. Action to which this part does not apply
Division 3 - Workplace rights
282. Meaning of adverse action
283. Meaning of process or proceedings under an industrial law or industrial instrument
284. Meaning of workplace right
285. Protection
286. Prospective employees taken to have workplace rights
287. Coercion
288. Undue influence or pressure
289. Misrepresentations
Division 4 - Industrial activities
290. Meaning of engages in industrial activity
291. Protection
292. Coercion
293. Misrepresentations—engaging in industrial activity
293A. Misrepresentations—right to represent
294. Inducements—membership action
Division 5 - Other protections
295. Discrimination
296. Domestic violence
297. Temporary absence—illness or injury
298. Bargaining services fees
299. Coverage by particular instruments
300. Coercion—allocation of duties etc. to particular person
301. Objectionable terms
Division 6 - Sham arrangements
302. Misrepresenting employment as independent contracting arrangement
303. Dismissing to engage as independent contractor
304. Misrepresentation to engage as independent contractor
Division 7 - Ancillary rules
305. Multiple reasons for action
306. Reason for action to be presumed unless proved otherwise
307. Advising, encouraging, inciting or coercing action
308. Actions of industrial organisations
Division 8 - Compliance
309. Application for commission to deal with a dispute
310. Time for application
311. Application fees
312. Conciliation before application heard
313. Arbitration when conciliation unsuccessful
314. Orders on deciding application
PART 2 - DISMISSALS
Division 1 - Exclusions
315. Employees to whom this part does not apply
Division 2 - Unfair dismissals
316. When is a dismissal unfair
317. Application for reinstatement
318. Conciliation before application heard
319. Arbitration when conciliation unsuccessful
320. Matters to be considered in deciding an application
321. Remedies—reinstatement or re-employment
322. Remedies—compensation
323. Further orders if employer fails to reinstate
324. Effect of order on leave
Division 3 - Requirements for dismissal
Subdivision 1 - Orders giving effect to article 12 of Termination of Employment Convention
325. When this subdivision applies
326. Orders about severance allowance and other separation benefits
327. Time for making application under this subdivision
Subdivision 2 - Order giving effect to article 13 of Termination of Employment Convention
328. When this subdivision applies
329. Employer must give notice of proposed dismissals
330. Employer must consult with employee organisations about dismissals
331. Time for making application under this subdivision
Division 4 - Stand-down of employees
332. Employee stood down in December then re-employed in January
333. Permissible stand-down of employee
Division 5 - General
334. Part does not limit other rights
335. Inconsistent instruments and orders
CHAPTER 9 - RECORDS AND WAGES
PART 1 - EMPLOYERS RECORDS
Division 1 - Definitions
336. Definitions for part
Division 2 - Authorised officers
337. Authorising officers
338. Revoking and suspending officer’s authorisation
Division 3 - Employers to keep certain records
339. Time and wages record—industrial instrument employees
340. Time and wages record—non-industrial instrument employees
341. Employee register
342. Records and indices to be kept in English
343. Notation of wages details
Division 4 - Power to inspect certain records
344. Inspecting time and wages record—inspector
345. Right to request information about outworkers under code—authorised officer
346. Inspecting employee register and index—registrar
347. Inspecting time and wages book—employees
Division 5 - Entry and inspection of applicable documents—authorised officers
Subdivision 1 - Right of entry
348. Right of entry
Subdivision 2 - Powers after entry
349. Definitions for subdivision
350. Right to inspect particular records
351. Written direction that records not be available for inspection
352. Discussing matters with employer or employee
353. Authorised officer must not obstruct an employer or employee
354. Person must not act as authorised officer without authorisation
Division 6 - Providing employee information to employee organisations
354A. (Repealed)
354B. Authority to give information
354C. Requirement to give information
354D. Unlawful access
PART 2 - WAGES AND OCCUPATIONAL SUPERANNUATION
Division 1 - Interpretation
355. Definitions for part
356. References to service
Division 2 - Protection for wages
357. Wages are first charge on amounts payable to employer
358. Assignment of amount payable ineffectual against claims for wages
359. Amounts paid or payable to employer to be applied in payment of wages
360. Attachment notices
361. Effect of attachment notice
362. Orders for payment by prime contractor or clerk of the court
363. Employees to be paid according to when attachment notices are served
364. Employee may sue prime contractor
365. Cessation of attachment not to prejudice prime contractor
366. Discharge by employee for payment received
367. Remedy of subcontractor’s employees
368. Prime contractor’s right to reimbursement
369. Magistrate may hear claim for wages ex parte
Division 3 - Paying and recovering wages
370. Definitions for division
371. Wages etc. to be paid without deduction
372. Paying apprentices or trainees for supervised training
373. Paying wages
374. Contract not to stipulate mode of spending wages
375. Payment of unpaid wages if employee’s whereabouts unknown
376. Overpaid wages
377. Deduction of wages in lieu of notice of termination
378. Child may recover unpaid wages
379. Recovery of unpaid wages etc.
380. Enforcement of magistrate’s order
Division 4 - Recovery of wages for clothing outworkers
381. Definitions for division
382. Claims by clothing outworkers for unpaid wages and superannuation
383. Liability of apparent employer for unpaid wages and superannuation
384. Liability of referred employer for unpaid wages
385. Reimbursement of apparent or referred employer
386. Recovery of unpaid wages
387. Offences relating to claims under this division
388. Effect of ss 382–387
389. Mandatory code of practice for outworkers
Division 5 - Wages in rural and mining industries
390. Wages recoverable against mortgagee if mortgagor defaults
391. Distress warrant levied on property of mortgagor or mortgagee
392. Application of ss 390 and 391 to mines
393. Priority in payment of wages earned in mine
Division 6 - Occupational superannuation
394. Contributing occupational superannuation
395. Power to order contribution to particular fund
396. Recovery of unpaid superannuation contribution
CHAPTER 10 - FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS
PART 1 - PRELIMINARY
397. Definitions for chapter
398. Meaning of private employment agent
399. Meaning of manager
PART 2 - REQUIREMENTS ABOUT PAYMENT OF FEES TO PRIVATE EMPLOYMENT AGENTS
400. When fees are or are not payable to private employment agent
PART 3 - RECOVERY OF FEES
Division 1 - Orders for repayment by magistrates
401. Magistrate may order repayment of fees—criminal proceedings
402. Magistrate may order repayment of fees—civil proceedings
Division 2 - Orders for repayment on application to commission
403. Application to commission
404. Remission to a magistrate
405. Hearing of application by commission or magistrate
PART 4 - ENFORCEMENT
406. Enforcement of magistrate’s orders
CHAPTER 11 - INDUSTRIAL TRIBUNALS AND REGISTRY
PART 1 - INDUSTRIAL COURT OF QUEENSLAND
Division 1 - Preliminary
407. Continuance
408. Official seal
409. Membership
410. Constitution
411. Finances of court
Division 2 - Members
Subdivision 1 - President
412. Functions of the president
413. Appointment of president
414. Effect of appointment as president
415. When president holds office
416. Acting president
Subdivision 2 - Vice-president
417. Functions of the vice-president
418. Appointment of vice-president
419. When vice-president holds office
420. Acting vice-president
Subdivision 3 - Deputy presidents
421. Deputy presidents (court)
422. When deputy president (court) holds office
Subdivision 4 - Miscellaneous
423. Removal of vice-president or deputy president (court) from office
Division 3 - Jurisdiction and powers of court
424. Jurisdiction and powers
425. Limitations on jurisdiction
426. Court’s interpretation
427. Court may refuse to proceed
428. Contempt of court
PART 2 - INDUSTRIAL RELATIONS COMMISSION
Division 1 - Preliminary
429. Continuance
430. Official seal
431. Finances of commission
432. Composition
433. Decisions of full bench
Division 2 - Members
Subdivision 1 - President
434. President of the commission
435. President’s administrative functions for the commission
436. Other functions of the president
437. President to consider efficiencies that may be achieved by using dual commissioners
438. Reallocation of commission’s work
Subdivision 2 - Vice-president
439. Vice-president of the commission
Subdivision 3 - Deputy presidents and commissioners
440. Deputy presidents (court) also deputy presidents of the commission
441. Appointment of other deputy presidents of the commission
442. Industrial commissioners
443. When deputy president or industrial commissioner holds office
444. Acting deputy president or industrial commissioner
445. Restrictions on appointment
446. Removal of deputy president or industrial commissioner from office
Division 3 - The commission
Subdivision 1 - Functions
447. Commission’s functions
Subdivision 2 - Jurisdiction
448. Commission’s jurisdiction
449. Limitations on jurisdiction
450. Commission’s jurisdiction is exclusive
Subdivision 3 - Powers
451. General powers
452. Exercise of commission’s powers
453. Powers not limited
454. Commission to prevent discrimination in employment
455. Commission may refuse to proceed
456. Commission may stay or dismiss applications in certain circumstances
Subdivision 4 - Miscellaneous
457. Associates
Division 4 - Particular powers of commission
Subdivision 1 - General rulings
458. Power to make general rulings
459. Requirements for general rulings
459A. Provision about general ruling for State wage case
460. Relationship with industrial instruments
Subdivision 2 - Statements of policy
461. Power to make statement of policy
462. Effect of statement of policy
Subdivision 3 - Declarations about industrial matters
463. Power to make declarations about industrial matters
464. Who may apply for declaration
Subdivision 4 - Declaring persons to be employees or employers
465. Power to declare persons to be employees or employers
466. Who may apply for declaration
Subdivision 5 - Interpretation of industrial instruments
467. Power to interpret industrial instruments
468. Who may apply for an interpretation of an industrial instrument
Subdivision 6 - Assistance by commission
469. Commission may provide assistance
470. Commission may perform dispute resolution functions conferred by agreement of parties to disputes
Subdivision 7 - Amending or voiding contracts
471. Power to amend or declare void contracts
472. Who may apply for an amendment or declaration
Subdivision 8 - Injunctions
473. Power to grant injunctions
474. Who may apply for an injunction
Subdivision 9 - Recovery of unpaid wages
475. Power to recover unpaid wages and superannuation contribution etc.
476. Requirements for application
477. Orders
Subdivision 10 - Orders about right to represent a group of employees
478. (Repealed)
479. Power of full bench to make orders about rights of employee organisations to represent
480. Who may apply for order
481. Limitations on when order may be made
482. Matters the full bench must consider in making order
483. Orders and ancillary orders
Subdivision 10A - Orders about entities not eligible for registration under chapter 12
483A. Meaning of eligible for registration under chapter 12
483B. Power of commission to make order about ineligible entity
483C. Who may apply for order
483D. Ancillary orders
483E. Revocation of order if grounds no longer apply
483F. Requirement to give copy of order to chief executive (associations incorporation)
Subdivision 11 - Reopening proceedings
484. Power to reopen proceedings
485. Who may apply to reopen proceedings
Subdivision 12 - Referring matters to full bench or court
486. Referring matter to full bench
487. Referring question of law to court
Subdivision 13 - Entry and inspection
488. Power to enter and inspect
Subdivision 14 - Secret ballots
489. Power to conduct a secret ballot
490. Person must not interfere with secret ballot
Division 5 - Arrangements with other authorities
Subdivision 1 - Member may also be member of Australian commission
491. Member may hold other appointment
Subdivision 2 - Dual commissioners
492. Appointment of Commonwealth official as deputy president or industrial commissioner
493. Role of dual commissioner
Subdivision 3 - References to Commonwealth official
494. Referring matter to Commonwealth official
Subdivision 4 - Conferences and joint sessions with industrial authorities
495. Conferences with industrial authorities
496. Joint sessions with industrial authorities
497. Similar matters before full bench and industrial authority
498. Adoption of result of joint session
499. Member’s powers in joint session
500. President may decide matter not to be dealt with in joint session
Subdivision 5 - Other functions etc. and arrangements
501. Functions and powers vested in commission by other jurisdictions
502. Arrangements with Commonwealth public service
PART 3 - INDUSTRIAL MAGISTRATES COURT
Division 1 - Preliminary
503. Industrial Magistrates Court
504. Constitution
Division 2 - Industrial magistrates
505. Office of industrial magistrates
Division 3 - Jurisdiction
506. Magistrate’s jurisdiction
507. Magistrates’ jurisdiction is exclusive
Division 4 - Fair work claims
Subdivision 1 - Preliminary
507A. Purpose of division
507B. Definitions for division
Subdivision 2 - Conciliation
507C. Conciliation
507D. Conciliators for fair work claims
507E. Procedure for conciliation process
507F. Conciliator to file certificate
507G. Conciliation agreements
507H. Orders giving effect to conciliation agreements
507I. Admission made in conciliation process
Subdivision 3 - Other provision
507J. Fair work small claim—representation
PART 4 - INDUSTRIAL REGISTRY
Division 1 - Preliminary
508. Industrial registry
509. Official seal
510. Administration
Division 2 - Functions
511. Functions of the registry
512. Officers of the court and commission
Division 3 - Industrial registrar and staff
Subdivision 1 - Registrar
513. Functions and powers of registrar
514. Appointment of registrar
515. Preservation of registrar’s rights if a public service officer
516. Leave of absence of registrar
517. Resignation of registrar
518. Termination of appointment of registrar
519. Acting registrar
520. Delegation by registrar
Subdivision 2 - Deputy registrar and staff of registry
521. Functions of deputy registrars
522. Staff
Division 4 - QIRC website
523. What is the QIRC website
524. When matter is published on QIRC website
PART 5 - PROCEEDINGS
Division 1 - Definitions
525. Definitions for part
Division 2 - Starting proceedings and service of process
526. Organisations may start proceedings
527. Starting proceedings
528. Service of process
Division 3 - Conduct of proceedings
529. Representation of parties generally
530. Legal representation
530A. Representation—public service appeals
531. Decisions of the commission and magistrates
532. Competence and compellability of witnesses
533. Intervention
534. Adjournment by registrar
535. State employee to give information
Division 4 - Powers
536. Interlocutory proceedings
537. Power to order inquiry or taking of evidence
538. Power to administer oath
539. Powers incidental to exercise of jurisdiction
540. Power to obtain data and expert evidence
Division 5 - Decisions and enforcement
541. Decisions generally
542. Reserved decisions
543. Commission decisions must be in plain English
544. Decisions of court or commission
545. General power to award costs
546. Recovery of amounts under orders
547. Recovering amounts from organisations
Division 5A - Conciliation of unpaid amount claims
547A. Purpose of division
547B. Definitions for division
547C. Conciliation
547D. Conciliators for unpaid amount claims
547E. Procedure for conciliation process
547F. Conciliator to file certificate
547G. Conciliation agreements
547H. Orders giving effect to conciliation agreements
547I. Admission made in conciliation process
Division 6 - Proceedings under Anti-Discrimination Act 1991
548. Costs provisions
Division 7 - Protections and immunities
549. Protections and immunities
Division 8 - Rules and practice
550. Rules committee
551. Rules
552. Directions about practice
Division 9 - Exercise of powers and application of procedures
553. General application of provisions
PART 6 - APPEALS
Division 1 - Appeals to Court of Appeal
554. Appeal from court or commission in certain circumstances
555. What Court of Appeal may do
Division 2 - Appeals to court
556. Appeal from magistrate
557. Appeal from commission
558. What court may do
559. President must hear and decide particular appeals from full bench
Division 3 - Appeals to full bench
560. Appeal from registrar
561. What full bench may do
Division 4 - Appeals to commission
562. Appeal against stand-downs
562A. Commission may decide not to hear particular public service appeals
562B. Public service appeal to commission is by way of review
562C. Public service appeals—decision on appeal
Division 5 - General
563. Definition for div 5
564. Time limit for appeal
565. When leave for appeal must be given
566. Stay of decision appealed against
567. Nature of appeal
PART 7 - OFFENCE PROCEEDINGS
568. When offence proceedings must be started
569. Where offence proceedings are to be heard and decided
PART 8 - CIVIL PENALTIES
Division 1 - Preliminary
570. Definitions for part
571. Contraventions of civil penalty provision
Division 2 - Applications for civil penalty orders
572. Applications for orders in relation to contraventions of civil penalty provisions
573. When applications must be made
Division 3 - Making and effect of civil penalty orders
574. Power of relevant industrial tribunal to make civil penalty orders
575. Amount of penalty
576. Who penalty is payable to
577. Recovery of penalty as a debt
578. Civil double jeopardy
578A. Requirement to give copy of civil penalty order to chief executive (associations incorporation)
PART 8A - PARTICULAR APPLICATIONS UNDER THE ASSOCIATIONS INCORPORATION ACT 1981
578B. Purpose of part
578C. What is a relevant incorporation Act application and who is the applicant
578D. What is the objection ground
578E. Registrar must give notice of relevant incorporation Act application
578F. No objections received
578G. Notice of intended action to relevant incorporation Act application
578H. Application for declaration
578I. Making of declaration by commission
578J. Notice of declaration made by commission
578K. Notice to chief executive (incorporation Act)—objection
578L. Notice to chief executive (incorporation Act)—no objection
PART 9 - EVIDENTIARY MATTERS
579. Evidentiary provisions affecting proceedings
580. Confidential material tendered in evidence
581. Evidentiary value of official records
582. Proof of certain facts by statement
583. Evidentiary value of certificate of trustee of superannuation fund
PART 10 - MISCELLANEOUS
Division 1 - General appointment provisions for members of court and commission
584. Definition for division
585. Appointment of members on full-time or part-time basis
586. Remuneration of members other than under the Judicial Remuneration Act 2007
587. Benefits—Pensions Act
588. Benefits for part-time members
589. Benefits—Superannuation (State Public Sector) Act 1990
590. Leave under the Pensions Act
591. Other leave
592. Leave for part-time members
593. Other terms and conditions
Division 2 - President’s annual report
594. President’s annual report
CHAPTER 12 - INDUSTRIAL ORGANISATIONS AND ASSOCIATED ENTITIES
PART 1 - PRELIMINARY
595. Definitions for chapter
596. Meaning of corporation for ch 12
597. Meaning of counterpart federal body for ch 12
598. Meaning of financial year for ch 12
599. Meaning of office for ch 12
600. Exemptions
PART 2 - REGISTRATION
Division 1 - Registration applications
601. Application is to commission
602. Who may apply
603. General requirements for applications
604. Additional requirements for employee organisation application
605. Additional requirements for employer organisation applications
Division 2 - Hearing of registration applications
606. Right to object
607. Registration criteria for all applications
608. Additional criteria for registration as employee organisation
609. Additional criteria for registration as employer organisation
Division 3 - Grant of application
610. Grant of application
611. Incorporation on registration if not already incorporated
Division 4 - Registered name and office
612. Registered name of organisation that is not a corporation
613. Registered office
Division 5 - Miscellaneous
614. Registrar’s functions for register and rules
615. Change of callings
PART 3 - GENERAL CONTENTS OF RULES
Division 1 - Requirement to have rules
616. Organisation must have complying rules
Division 2 - General requirements for contents
617. Requirements for all organisations
618. Additional requirements for organisation that is not a corporation
619. Rules must give conditions for loans, grants and donations
Division 3 - Permitted contents
620. Permitted contents—general
621. Filling casual vacancies
622. Mortality benefit fund
Division 4 - Restrictions on contents
623. General restrictions
624. Maximum office term for organisation that is not a corporation
PART 4 - ELECTION RULES
Division 1 - Preliminary
625. Part does not apply to corporations
626. Meaning of collegiate electoral system for part
627. Meaning of direct voting system for part
Division 2 - General requirements
628. General requirement of transparency
629. Rules must provide for elections
630. Direct voting or collegiate electoral system must be used
Division 3 - Direct voting systems
Subdivision 1 - Preliminary
631. Application of division
Subdivision 2 - Requirements for direct voting systems
632. General requirements for direct voting system
633. Required contents—ballots
634. Compulsory voting permitted
Subdivision 3 - Alternative types of secret ballot
635. Approval application
636. Consideration of application
637. Grant of approval
638. Cancellation of approval
Division 4 - Collegiate electoral systems
Subdivision 1 - Preliminary
639. Application of division
Subdivision 2 - Requirements for collegiate electoral systems
640. Restriction on persons who may be elected by electoral college
641. Requirements for second or subsequent stage
Division 5 - Model election rules
642. Model election rules
643. Model election rules may be adopted
644. Adoption without change
645. Effect of adoption without change
PART 5 - VALIDITY AND COMPLIANCE WITH RULES
646. Powers of commission
647. Who may apply
648. Financial help for rules application
649. Applicant must take reasonable steps to resolve the matter within the organisation
650. Interim orders
651. Hearing application
652. Effect of declaration
653. Direction must be complied with
PART 6 - AMENDMENT OF RULES
Division 1 - Amendments by commission or registrar
654. Breach of demarcation dispute undertaking
655. When registrar may amend rules
656. Amendment to cure noncompliance if rule declared void
657. How amendment must be made
Division 2 - Amendments by organisation
Subdivision 1 - Name or eligibility rule amendments
658. Application of subdivision
659. Requirements for amendment
660. Approval to change ‘union’ to ‘organisation’ in name
661. Approval for other name amendment
662. Approval for eligibility rule amendment
663. When amendment takes effect
664. Registrar must record amendment
Subdivision 2 - Other rule amendments
665. Application of subdivision
666. When amendment may be made
667. When amendment takes effect
PART 7 - CONDUCT OF ELECTIONS
Division 1 - Preliminary
668. Part does not apply to corporations
Division 2 - Preparatory steps
669. Organisation or branch must file prescribed election information
670. Registrar must arrange for elections
Division 3 - Conduct of elections
671. Electoral commission to conduct elections
672. Organisation’s rules generally to be complied with
673. Action or directions by electoral officer
674. Substitute electoral officer
675. Death of candidate
676. Election result report
677. Election costs to be paid by State
678. Ballot records must be kept
Division 4 - Offences about conduct of elections
679. Using organisation’s resources for election purposes
680. Obstructing conduct of election
681. Failing to comply with electoral officer’s direction
682. Obstructing electoral officer’s direction
683. Offences about ballots
684. Disadvantaging candidates etc.
685. Unauthorised access to ballot paper
PART 8 - ELECTION INQUIRIES
Division 1 - Preliminary
686. Part does not apply to corporations
Division 2 - Applications and referrals to commission
687. Commission may conduct election inquiry
688. Who may apply
689. Requirements for application
690. Referral to commission
Division 3 - Investigations and interim orders
691. Commission may authorise registrar to investigate
692. Interim orders
693. Person acting under interim order
694. When interim order ends
Division 4 - Conduct of election inquiries
695. Commission’s functions and powers for inquiry
696. Orders if irregularity found
697. Enforcing orders
Division 5 - Offences about election inquiries
698. Disadvantaging applicant for inquiry
699. Obstructing orders being carried out
Division 6 - Miscellaneous
700. Financial help for application
701. Costs of fresh election ordered by inquiry
PART 9 - OFFICERS
Division 1 - Preliminary
702. Definitions for part
Division 2 - Disqualifications from candidature or holding office
Subdivision 1 - Disqualifications
703. Children
704. Convicted persons—candidature
705. Convicted persons—holding office
Subdivision 2 - Applications for leave to hold office
706. Prospective candidates
707. Existing office holders
708. Consideration of applications for leave
709. Disqualification period may be given if leave refused
710. Leave or fixing of disqualification period does not affect division
Subdivision 3 - Miscellaneous
711. Declaration about eligibility or ceasing to hold office
712. Certificate evidence for division
Division 3 - Officers’ duties
713. Application of division
714. Duty of honesty, good faith and proper purpose
715. Duty of reasonable care and diligence
716. Officers with material personal interests
717. Other duties not affected
PART 10 - MEMBERSHIP
Division 1 - Eligibility and admission to membership
718. Eligibility
719. Obligation to admit
720. Obligation to give union card
721. Children
Division 2 - Membership disputes
722. Commission may decide
723. Deciding application
Division 3 - Membership subscriptions
724. Obligation to give receipt
Division 4 - Resignation
725. Division applies despite rules
726. Resignation
727. Resignation if membership subscription unpaid for 2 years
Division 5 - Liabilities of member to organisation
728. Meaning of member’s liability for division
729. Recovering member’s liabilities
730. Limit on liability after resignation
PART 11 - RECORDS AND ACCOUNTS
Division 1 - Preliminary
731. Definitions for part
Division 2 - Registers of members and officers
732. Members register and officers register
733. Requirements for members register
734. Officers register—required particulars
735. Annual obligation to file officers register
736. Obligation to file officers register on change of office holder
737. Inspection of registers
738. Registrar’s directions about registers
739. Members and officers registers to be kept for 7 years
Division 3 - Financial policies, training and registers
740. Financial policies
741. Financial management training
742. Register of gifts, hospitality and other benefits given and received must be kept
743. Material personal interests disclosure register
744. Inspection of policies and registers
Division 4 - Remuneration register
745. Highest paid officers and board member officers of an organisation
746. Organisation must prepare remuneration register
747. Remuneration register to be kept for 7 years
Division 5 - Loans, grants and donations register
748. Organisation must keep loans, grants and donations register
749. Loans, grants and donations register to be kept for 7 years
Division 6 - Accounts and audit
Subdivision 1 - Preliminary
750. Exemptions from certain Australian Accounting Standards
Subdivision 2 - Reporting units
751. Application of division
752. What is a reporting unit
753. Designated officers
754. Members, staff and journals etc. of reporting units
755. Certificate about reporting units
756. Certificate about reporting units—application by organisation
757. Certificate about reporting units—registrar initiative
758. Certificate about reporting units—years certificate applies to
759. Certificate about reporting units—revocation of certificate
760. Certificate about reporting units—rule changes
761. Certificate about reporting units—later certificate revokes earlier certificate
Subdivision 3 - Accounting obligations
762. Reporting unit to keep accurate financial records
763. Reporting unit to prepare general purpose financial report
764. Reporting unit to prepare operating report
765. Reporting guidelines
Subdivision 4 - Auditors
766. Auditors of reporting units
767. Auditor’s powers
768. Auditor’s report
769. Audit report must not be knowingly false or misleading
770. Auditor must notify registrar of contravention
771. Obstruction etc. of auditors
772. Reporting unit to forward notices etc. to auditor
773. Auditor has a right to attend meetings at which report presented or considered
774. Auditors and other persons to enjoy qualified privilege in particular circumstances
775. Fees and expenses of auditors
776. Removal of auditor
777. Resignation of auditor
Subdivision 5 - Reporting requirements
778. Copies of full report or concise report to be given to members
779. Member may ask for a copy of full report or auditor’s report
780. When copy of full report or concise report must otherwise be given
781. Copy of full report or concise report may be published in journal
782. Obligation to present to general or committee meeting
783. Comments by committee members not to be false or misleading
784. Reports etc. to be lodged with registrar
Subdivision 6 - Reduced reporting requirements for particular reporting units
785. Organisations with receipts of less than a particular amount
786. Exemption from this part of particular reporting units
Subdivision 7 - Members’ access to financial records
787. Information to be given to members or registrar
788. Order for inspection of financial records
789. Frivolous or vexatious applications
790. Ancillary orders
791. Disclosure of information acquired in inspection
792. Reporting unit or management committee may allow member to inspect books
793. Registrar to be advised of contraventions of division or rules etc. found during inspection
794. Constitution of the commission
Subdivision 8 - Registrar’s investigations and audits
795. Registrar’s investigations
796. Registrar’s directions for investigation
797. Notice of contravention to organisation
798. Court may order compliance with notice
799. Registrar’s examinations
800. Powers of registrar’s auditor
801. Costs of examination by registrar’s auditor
PART 12 - EXEMPTIONS
Division 1 - Exemptions for organisations with counterpart federal bodies
Subdivision 1 - Exemption from holding election
802. Exemption if federal election held
803. Obligation to notify change in federal election result
Subdivision 2 - Exemption from keeping members or officers register
804. Exemption
805. Effect of exemption
806. Obligation to file copy of federal officers register
807. Obligation to give notice of change or contravention
Subdivision 3 - Exemption from accounting or audit obligations
808. Exemption
809. Effect of exemption
810. References to audit report for pt 11, div 6, sdiv 5
811. Obligation to notify registrar of contravention of Commonwealth Act
Division 2 - Exemptions from requirement that electoral commission conduct election
Subdivision 1 - Grant of exemption
812. Who may apply
813. Requirements for application
814. Publication of application
815. Hearing application
Subdivision 2 - Obligations if exemption granted
816. Application of subdivision
817. Obligation to appoint returning officer
818. Election result report
819. Ballot records must be kept
Division 3 - Exemption from accounting or audit obligations for employer organisation that is corporation
820. Who may apply
821. Grant of exemption
822. References to audit report for pt 11, div 6, sdiv 5
823. Obligation to notify registrar of contravention of other law
Division 4 - Cancellation of exemptions
824. Cancellation grounds
825. Alternatives to cancellation for federal election exemption
PART 13 - VALIDATIONS
Division 1 - Preliminary
826. Definitions for part
Division 2 - Validations
827. Limitation on validations if substantial injustice
828. Validation of certain acts done in good faith
829. Certain acts by person purporting to act in an office
830. Election not invalid because of compliance with order
831. Election not invalid because of contravention of pt 12, div 2, sdiv 2
832. Validation of certain events after 4 years
833. Counterpart federal body not a ground for challenge
834. Amalgamations and withdrawals
Division 3 - Orders about invalidity or its effects
835. Commission may decide
836. Who may apply
837. Orders about effects of invalidity
PART 14 - AMALGAMATIONS AND WITHDRAWALS
Division 1 - Preliminary
838. Definitions for part
Division 2 - Amalgamations
839. Amalgamation permitted only under this division
840. Commission to approve proposed amalgamation
841. Additional regulation-making powers for amalgamations
842. Effect of amalgamation
843. Holding office after amalgamation
Division 3 - Withdrawing from amalgamation
844. Requirements for withdrawal
845. Commission to approve proposed withdrawal
846. Additional regulation-making powers for withdrawals
847. Registration of constituent part on withdrawal
848. Members of constituent part may join newly registered organisation
Division 4 - Offences about amalgamation or withdrawal ballots
849. Obstructing conduct of ballot
850. Offences about ballots
851. Disadvantaging another to induce vote or omission to vote
852. Unauthorised access to ballot paper
Division 5 - Miscellaneous
853. Using resources for proposed amalgamation
854. Costs of ballot conducted by electoral commission
855. No action for defamation in certain cases
856. Commission may resolve difficulties
857. Registration of property transferred under this part
858. Part applies despite laws or instruments
PART 15 - COMPLAINTS, INVESTIGATIONS AND APPOINTMENT OF ADMINISTRATOR
Division 1 - Complaints
859. Making complaint about organisation or officer
860. Form of complaint
861. Dealing with complaints
862. Organisation or officer must be advised of complaint
Division 2 - Investigations
863. Definition for division
864. Application of division
865. Investigation report
866. Examination of organisation’s accounting records
867. Cooperating with investigation or audit
868. Audit costs
Division 3 - Appointment of administrator
869. Definition for division
870. Court may appoint administrator
871. Injustice to organisation or branch and interests of members
872. Primary function of administrator
873. Additional functions of administrator
874. Powers of administrator
875. Providing assistance to administrator
876. Protection from liability
PART 16 - DEREGISTRATION
Division 1 - Preliminary
877. Definitions for part
Division 2 - General deregistration provisions
Subdivision 1 - Bringing deregistration proceedings
878. General deregistration grounds
879. Who may bring deregistration proceedings
Subdivision 2 - Deciding deregistration proceedings
880. Hearing on ground other than industrial conduct
881. Hearing on industrial conduct ground
882. Deferral of deregistration for industrial conduct
883. When deferral order ends
884. Incidental orders or directions
Division 3 - Small organisations
885. Commission may review
886. Deregistration proceedings by commission
887. Deciding proceedings
Division 4 - Effects of deregistration
888. Application and purpose of division
889. When deregistration takes effect
890. Effect on corporate status
891. No release of liabilities
892. Effect on property
893. Effect on certain instruments
PART 17 - MISCELLANEOUS
894. Hearing to be given before making decision
895. Notice of registrar’s or Minister’s decisions
896. Falsely obtaining organisation’s property
897. Wrongfully applying organisation’s property
CHAPTER 13 - ENFORCEMENT
PART 1 - PRELIMINARY
898. Definitions for chapter
PART 2 - APPOINTMENT
899. Appointment of inspectors
900. Functions
901. Appointment conditions and limit on powers
902. When office ends
903. Resignation
PART 3 - IDENTITY CARDS
904. Issue of identity card
905. Production or display of identity card
906. Return of identity card
PART 4 - GENERAL
907. Reference to exercise of powers
908. Reference to document includes reference to reproductions from electronic document
909. Exercising powers as an inspector under the Child Employment Act 2006
PART 5 - POWERS
910. Power to enter places
911. General powers after entering workplaces
912. Power to require documents to be produced
913. Power to require information
914. Power to require name and address
PART 6 - POWERS TO CLAIM AND DEAL WITH UNPAID AMOUNTS
915. Paying employee’s wages etc. to inspector
916. Inspector’s obligation for amounts paid on demand
PART 7 - MISCELLANEOUS
917. Obstructing inspectors
918. Impersonating inspectors
919. Validity of inspector’s conduct despite administrative contravention
CHAPTER 14 - GENERAL OFFENCES
920. Disobeying penalty orders
921. Improper conduct towards member, magistrate or registrar
922. Contempt by witness
923. False or misleading statements
924. False or misleading documents
925. Obstructing officers
926. False pretences relating to employment
927. Avoiding Act’s obligations
928. Non-payment of wages
929. Accepting reduced wages
930. Publishing statement about employment on reduced wages
931. Offence to offer or accept premiums
932. Contraventions of industrial instruments
933. Injunction restraining contraventions
934. Copy of industrial instrument to be displayed
935. Certificate of employment on termination
936. Confidentiality of information
937. Persons considered parties to offences
938. Attempt to commit offence
939. References to making false or misleading statements
940. References to engaging in conduct
CHAPTER 15 - APPLICATION TO STATE AND EMPLOYEES OF THE STATE
PART 1 - GENERAL PROVISIONS
941. Application of particular provisions subject to rulings etc.
942. Protection of public property and officers
943. References to State do not include related State entities
944. Representation of public sector units
945. Industrial cause affecting diverse employees
PART 2 - PRESCRIBED HOSPITAL AND HEALTH SERVICES AND EMPLOYEES
946. How Act applies to prescribed Services and their employees
PART 3 - (Repealed)
CHAPTER 15A - (Expired)
CHAPTER 16 - EMPLOYERS DECLARED NOT TO BE NATIONAL SYSTEM EMPLOYERS
PART 1 - DECLARATIONS
953. Employers declared not to be national system employers
954. Brisbane City Council
955. Declaration of other employers by regulation
956. Relevant day
PART 2 - CHANGE FROM FEDERAL TO STATE SYSTEM
957. Definitions for part
958. Brisbane City Council
959. Declared employers—operation of existing industrial instrument
960. Declared employers—new State instruments
961. Ability to carry over matters
962. References in new State instruments to federal authority manager
963. References in new State instruments to provisions of Commonwealth laws
964. References in new State instruments to federal organisations
965. Counting service under old federal instrument
966. Accruing entitlements—leave accrued immediately before relevant day
967. Leave taken under old federal instrument
CHAPTER 17 - GENERAL PROVISIONS
PART 1 - QUEENSLAND INDUSTRIAL RELATIONS CONSULTATIVE COMMITTEE
Division 1 - Establishment and purpose
968. Establishment
969. Purpose
Division 2 - Membership
970. Membership of consultative committee
971. Resignation of members
972. Termination of appointment of members
973. Substitute members
974. Invited representatives
Division 3 - Proceedings of consultative committee
975. Proceedings
976. Subcommittees
PART 2 - OTHER PROVISIONS
977. Employees working in Queensland and another State
978. Students’ work permits
979. Aged or infirm persons permits
980. Incorporating amendments in industrial instruments
981. Obsolete industrial instrument
981A. Disclosure of information to assess achievement of Act’s main purpose
981B. Requirement to give notice of conviction and penalty to chief executive (associations incorporation)
982. Protection from liability
983. Payments to financially distressed
984. Notices and applications to be written
985. Electronic Transactions (Queensland) Act 2001 does not apply to this Act
986. Giving documents electronically
987. Inaccurate descriptions
988. Application of Act generally
989. Approved forms
990. Regulation-making power
CHAPTER 18 - REPEAL AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL
991. Act repealed
PART 2 - TRANSITIONAL PROVISIONS FOR REPEAL OF INDUSTRIAL RELATIONS ACT 1999
Division 1 - Preliminary
992. Definitions for part
Division 2 - Existing industrial instruments
Subdivision 1 - Awards
993. Modern awards
994. Review and variation of modern awards under old ch 20, pt 20, div 2
995. Requirement to partition modern award for local government
996. Applications to vary modern award
997. Pre-modernisation awards
Subdivision 2 - Existing certified agreements and determinations
998. Existing certified agreements and arbitration determinations
999. Existing arbitrations
1000. Existing applications for certification
1001. Application for certification—proposed agreement negotiated with employee organisation and approved by employees
Subdivision 3 - Other instruments and orders
1002. Existing equal remuneration orders and applications
1003. Application of ch 5, pt 2, div 2 to local government sector
1004. Orders under old ss 137, 138 and 140
Division 3 - Conditions of employment for continuing employees
1005. Application of division
1006. Conditions of employment for continuing employees
1007. Continuation of working time provision for an employee under old s 9 or 9A
1008. Leave accrued or approved before commencement
1009. Working out leave entitlements
1010. Notices etc. given before commencement
1011. Annual leave—order about payment for commission
1012. Annual leave—leave loading payments made before commencement
1013. Parental leave started under repealed Act
1014. Parental leave—application of obligation to advise about significant change
1015. Long service leave—agreement or notice under old s 45 or 71HD
1016. Long service leave—order about payment for commission
1017. Long service leave—decision by commission about piecework rates
1018. Long service leave—existing decisions or agreements about entitlement to, payment for, or taking of, leave
Division 4 - Dismissals
1019. Provision for old chapter 3, part 4, division 1AA (Redundancy repayments)
Division 5 - Freedom of association
1020. Provision for old chapter 4 (Freedom of association)
Division 6 - Existing collective bargaining processes
1021. Application of division
1021A. Continuation of bargaining under this Act
1021B. Taking of protected industrial action under this Act
1021C. Continuation of protected action ballot process under repealed Act
1021D. Continuation of conciliation etc.
Division 7 - Industrial tribunals and registry
1022. Continuation of members of court, commission and registry
1023. Existing proceedings
1024. Proceedings not yet started
1025. Application of rules made under repealed Act
Division 8 - Enforcement
1026. Continued appointment of inspectors
Division 9 - Records and wages
1027. Authorised industrial officers taken to be authorised under this Act
1028. Applications under old s 365(1) continued
1029. Notices taken to be issued under this Act
1030. Written objection taken to be made under this Act
1031. Continuation of agreement about contributions to superannuation fund
Division 10 - Private employment agents’ fees
1032. Orders and applications under old ch 11A
Division 11 - Industrial organisations and associated entities
Subdivision 1 - Provisions for old ch 12, pt 1
1033. Organisations under repealed Act to continue
Subdivision 2 - Provisions for old ch 12, pt 2
1034. Provision for old s 415 (General requirements for applications)
1035. Provision for old s 426 (Registrar’s functions for register and rules)
1036. Provision for old s 427 (Change of callings)
Subdivision 3 - Provisions for old ch 12, pt 3
1037. Provision for old s 428 (Organisation must have complying rules)
Subdivision 4 - Provisions for old ch 12, pt 4
1038. Provision for old s 447 (Approval application)
Subdivision 5 - Provisions for old ch 12, pt 5
1039. Provision for old s 459 (Powers of commission)
1040. Provision for old s 461 (Financial help for application)
Subdivision 6 - Provisions for old ch 12, pt 6
1041. Provision for old s 466 (Breach of demarcation dispute undertaking)
1042. Provision for old s 468 (Amendment to cure noncompliance if rule declared void)
1043. Provision for old s 472 (Approval to change ‘union’ to ‘organisation’ in name)
1044. Provision for old s 473 (Approval for other name amendment)
1045. Provision for old s 474 (Approval for eligibility rule amendment)
1046. Provision for old s 478 (When amendment may be made)
Subdivision 7 - Provisions for old ch 12, pt 7
1047. Provision for old s 482 (Registrar must arrange for elections)
Subdivision 8 - Provisions for old ch 12, pt 8
1048. Provision for old s 502 (Referral to commission)
1049. Provision for old s 503 (Commission may authorise registrar to investigate)
1050. Provision for old s 512 (Financial help for application)
Subdivision 9 - Provisions for old ch 12, pt 9
1051. Provision for old s 519 (Prospective candidates)
1052. Provision for old s 520 (Existing office holders)
1053. Provision for old s 524 (Declaration about eligibility or ceasing to hold office)
Subdivision 10 - Provisions for old ch 12, pt 10
1054. Provision for old s 535 (Recovering member’s liabilities)
Subdivision 11 - Provisions for old ch 12, pt 12
1055. Provision for old s 554 (Obligation to keep accounting records)
1056. Provision for old s 555 (Obligation to prepare accounts)
1057. Provision for old s 557A (Register of gifts, hospitality and other benefits given and received must be kept)
1058. Provision for old s 557H (Financial registers must be kept for 7 years)
1059. Provision for old s 557I (Inspection of financial registers)
1060. Provision for old s 557Y (Financial disclosure statements must be kept for 7 years)
1061. Provision for old s 557Z (Inspection of financial disclosure statements)
1062. Provision for old s 566 (Obligation to publish audit report and financial disclosure statement)
1063. Provision for old s 569 (False or misleading statements about reports or statements)
1064. Provision for old s 570 (Report and statement must be filed and published)
1065. Provision for old s 571 (Grounds for registrar’s investigation)
1066. Provision for old s 575 (Registrar’s examinations and audits
Subdivision 12 - Provisions for old ch 12, pt 13
1067. Provision for old s 580 (Exemption if federal election held)
1068. Provision for old s 582 (Exemption)
1069. Provision for old s 590 (Who may apply)
1070. Provision for old s 591 (Grant of exemption)
1071. Provision for old s 594 (Who may apply)
1072. Provision for old s 596 (Publication of application)
1073. Provision for old s 599 (Obligation to appoint returning officer)
Subdivision 13 - Provisions for old ch 12, pt 14
1074. Provision for old s 612 (Amalgamations and withdrawals)
1075. Provision for old s 613 (Commission may decide)
Subdivision 14 - Provisions for old ch 12, pt 15
1076. Provision for old s 617 (Amalgamation permitted only under div 2)
1077. Provision for old s 622 (Requirements for withdrawal)
Subdivision 15 - Provisions for old ch 12, pt 15A
1078. Provision for old s 636A (Making complaint about organisation or officer)
Subdivision 16 - Provisions for old ch 12, pt 16
1079. Provision for old ch 12, pt 16, div 2
1080. Provision for old ch 12, pt 16, div 3
Division 12 - Other provisions
1081. Provision for old s 664A
1082. Existing declarations of employers not to be national system employers under old s 692
1083. Existing permits
1084. References to repealed Act
1085. (Expired)
PART 3 - TRANSITIONAL PROVISION FOR WORKERS’ COMPENSATION AND REHABILITATION (COAL WORKERS’ PNEUMOCONIOSIS) AND OTHER LEGISLATION AMENDMENT ACT 2017
1086. Existing appeals under Workers’ Compensation and Rehabilitation Act 2003
PART 4 - TRANSITIONAL PROVISIONS FOR COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020
1087. Existing proceedings not affected by ch 15A, pt 2
1088. No double payment of 2019 wage adjustment
1089. Application of modified collective bargaining process
1090. (Expired)
PART 5 - TRANSITIONAL PROVISIONS FOR CRIMINAL CODE AND OTHER LEGISLATION (WAGE THEFT) AMENDMENT ACT 2020
1091. Application of provisions about fair work claims
1092. Application of provisions about conciliation of unpaid amount claims
PART 6 - TRANSITIONAL PROVISIONS FOR INDUSTRIAL RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 2022
1093. Declaration about sick leave being exclusive of public holidays
1094. Required evidence for personal leave taken or started before commencement
1095. Entitlement to adoption leave and cultural parent leave in relation to child over 5 years
1096. Application to work part-time after taking parental leave
1097. Entitlement to birth-related leave after birth of stillborn child
1098. Entitlement to flexible parental leave
1099. Unpaid wages held by clerk of a Magistrates Court before commencement
1100. Existing applications for orders about right to represent group of employees
1101. Health employment overpayments and health employment transition loans
1102. Existing appointment of agent to represent party or person in proceedings
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 4A
SCHEDULE 4B
SCHEDULE 5
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