Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 960

960 Declared employers—new State instruments

(1) This section applies—

(a) to the extent sections 954 and 955 do not provide for declared employees of particular declared employers; and

(b) if, immediately before the relevant day, a federal industrial instrument applies to or purports to apply to the declared employees.

(2) On the relevant day, an industrial instrument applies to the declared employer and declared employees is taken to exist under this Act.

(3) If a new State instrument is taken to exist because of subsection (2) —

(a) the instrument is taken to be a certified agreement; and

(b) the instrument is taken to have been certified under this Act on the relevant day; and

(c) subject to this section, the instrument is taken to have the same terms as the old federal instrument including those terms as added to or modified by—

(i) terms of a federal award incorporated into the old federal instrument; or

(ii) orders of a federal industrial authority; or

(iii) another instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and

(d) this Act applies in relation to the instrument subject to any modifications or exclusions prescribed by regulation for this subsection; and

(e) the commission may, on an application under subsection (4) (a) , amend or revoke any term of the instrument if the commission is satisfied it is fair and reasonable to do so in the circumstances.

(4) An amendment or revocation of a term of a new State instrument under subsection (3) (e) —

(a) may be made on application by the Minister, a declared employer, a declared employee or an organisation; and

(b) may, to achieve the final effect of an amendment, be provided to take effect—

(i) immediately; or

(ii) progressively, in specified stages.

(5) Despite subsections (1) to (4) , a new State instrument applies subject to chapter 2 .

(6) A new State instrument is taken to have a nominal expiry date that is the earlier of the following—

(a) a day that is 2 years from the relevant day;

(b) the day that, immediately before the relevant day, was the expiry day of the old federal instrument.