Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 210

210 When proposed bargaining instrument passes the no-disadvantage test

(1) A proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.

(2) A proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.

(3) Subsection (2) applies subject to sections 211 and 212 .

(4) Subsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.

(5) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.

(6) In this section—

"entitlements or protections" means the entitlements or protections under—

(a) a relevant award, designated award, or order under chapter 2 , part 5 ; or

(b) chapter 2 , part 3 .