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INDUSTRIAL RELATIONS ACT 2016


- As at 4 November 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 and related 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
   85AA.   Late term pregnancy 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 13A - Superannuation contributions

   127A.   Employer’s obligation to make superannuation contributions
   127B.   Reduction of employer’s liability to the extent of superannuation charge payments

           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 10A - INDEPENDENT COURIERS

   PART 1 - PRELIMINARY

   406A.   Definitions for chapter
   406B.   Who is an independent courier
   406C.   Who is a principal contractor
   406D.   What is a courier service contract
   406E.   Declaration that contract is courier service contract

   PART 2 - GENERAL PROVISIONS FOR CONTRACT INSTRUMENTS

           Division 1 - General requirements for commission exercising powers

   406F.   Criteria and considerations for commission exercising powers

           Division 2 - Effect of contract instruments

   406G.   Contravening contract instruments
   406H.   Who a contract instrument applies to
   406I.   Who a contract instrument covers
   406J.   Application of contract determination to successor principal contractors
   406K.   Application of negotiated agreement to successor principal contractors

           Division 3 - Interaction of contract instruments and courier service contracts

   406L.   Relationship of contract determination with negotiated agreement
   406M.   Relationship of contract instrument with courier service contract

   PART 3 - CONTRACT DETERMINATIONS

   406N.   Contract determination fixing minimum remuneration and working conditions for independent couriers
   406O.   Who may apply for contract determination
   406P.   Notice of application and hearing
   406Q.   Entities that may be heard on application
   406R.   Exemptions from contract determination
   406S.   When contract determination operates
   406T.   Commission’s power to revoke contract determination
   406U.   Commission’s power to review contract determination

   PART 4 - NEGOTIATED AGREEMENTS

           Division 1 - Preliminary

   406V.   What is a negotiated agreement

           Division 2 - Negotiation process

   406W.   Notice of intention to negotiate
   406X.   Notice of intention to be party to negotiations
   406Y.   Proposed negotiated agreement to be given to independent couriers for approval
   406Z.   Parties must negotiate in good faith
   406ZA.  Conciliation and arbitration by commission
   406ZB.  Scope orders

           Division 3 - Certifying negotiated agreements

              Subdivision 1 - Making and hearing applications

   406ZC.  Application for certification of negotiated agreement
   406ZD.  Notice of hearing
   406ZE.  Entities that may be heard on application

              Subdivision 2 - Deciding applications

   406ZF.  Requirements for commission’s decision
   406ZG.  Requirements for granting application
   406ZH.  Proposed negotiated agreement agreed by all parties
   406ZI.  No-disadvantage test
   406ZJ.  Deciding relevant contract determination
   406ZK.  Equal remuneration test
   406ZL.  Refusal to grant application—generally
   406ZM.  Refusal to grant application—contravention of industrial action provision
   406ZN.  Refusal to grant application—independent couriers covered by proposed negotiated agreement

              Subdivision 3 - Other provisions

   406ZO.  Provisions for preventing and settling disputes
   406ZP.  Publication of negotiated agreements
   406ZQ.  When negotiated agreements operate

           Division 4 - Amending and terminating negotiated agreements

   406ZR.  Amendment on application
   406ZS.  Termination on or before nominal expiry date
   406ZT.  Termination after nominal expiry date

   PART 5 - INDIVIDUAL COURIER SERVICE CONTRACTS

           Division 1 - Amending or voiding courier service contracts

   406ZU.  What is an unfair contract
   406ZV.  Power to amend or declare void unfair courier service contracts
   406ZW.  Who may apply for amendment or declaration

           Division 2 - Unfair termination of courier service contracts

   406ZX.  When is courier service contract unfairly terminated
   406ZY.  Unfair termination of courier service contract
   406ZZ.  Conciliation before application heard
   406ZZA. Arbitration when conciliation unsuccessful
   406ZZB. Remedies—reinstatement of courier service contract
   406ZZC. Remedies—compensation
   406ZZD. Further orders if principal contractor fails to reinstate

   PART 6 - GENERAL PROVISIONS

   406ZZE. Dispute resolution
   406ZZF. Interpretation of applied provisions
   406ZZG. Authorisation for competition legislation

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)

           Division 4 - Miscellaneous

   578AA.  Other orders for contravention of s 876K or 876P
   578AB.  Expiry

   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 15A - ADMINISTRATION OF C&G DIVISION OF CFMEUQ

           Division 1 - Preliminary

   876A.   Application of part
   876B.   Purpose of part
   876C.   Definitions for part
   876D.   C&G division placed under administration

           Division 2 - Making of administration scheme and appointment of administrator

   876E.   Power of Minister to make administration notice
   876F.   Period of administrator’s appointment etc.
   876G.   When administration notice takes effect
   876H.   Variation and revocation of administration notice
   876I.   Interaction with chapter and CFMEUQ rules

           Division 3 - Functions and powers of administrator

   876J.   Functions and powers of administrator
   876K.   Providing assistance to administrator
   876L.   Reporting to Minister
   876M.   Protection from liability
   876N.   Actions of administrator under administration scheme
   876O.   Application of pt 15, div 3

           Division 4 - Other provisions for operation of administration scheme

   876P.   Anti-avoidance provision
   876Q.   Disclosure of information to administrator by registrar or inspector
   876R.   Costs of administration
   876S.   Alteration of CFMEUQ rules under administration scheme
   876T.   Decision about excluded matter final

           Division 5 - Expiry

   876U.   Expiry

   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

   PART 7 - TRANSITIONAL PROVISION FOR WORKERS’ COMPENSATION AND REHABILITATION AND OTHER LEGISLATION AMENDMENT ACT 2024

   1103.   Entitlement to late term pregnancy leave and increased period of flexible parental leave
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 4B
           SCHEDULE 5


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