Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 995

995 Requirement to partition modern award for local government

(1) This section applies in relation to whichever of the following modern awards (the
"relevant award" ) was in effect under the repealed Act immediately before the commencement—

(a) the Queensland Local Government Industry Award—State 2014;

(b) a modern award that replaced the award mentioned in paragraph (a);

(c) a modern award that replaced the modern award mentioned in paragraph (b).

(2) As soon as practicable after the commencement, the registrar must partition the relevant award by—

(a) terminating the relevant award; and

(b) making 3 replacement modern awards (the
"replacement awards" ).

(3) The replacement awards must each cover a group of employees described in the ministerial request as Stream A, Stream B or Stream C in relation to the Queensland Local Government Industry Award—State 2014.

(4) In partitioning the relevant award, the registrar may make any necessary provision to ensure wages and employment conditions for employees are not affected by the partitioning.

(5) A party to the relevant award is not entitled to be heard in relation to the partitioning of the award.

(6) When the registrar partitions the relevant award—

(a) the relevant award is taken to be revoked by the commission under chapter 3; and

(b) the replacement awards are taken to be modern awards made under chapter 3.

(7) As soon as practicable after partitioning the relevant award, the registrar must—

(a) give the parties to whom each replacement award applies notice of the making of the award; and

(b) publish the replacement awards on the QIRC website.

(8) Despite subsection (6)—

(a) section 150 does not apply to the revocation of the relevant award; and

(b) chapter 3, parts 1 and 2 and chapter 5, part 2, division 1 do not apply to the making of the replacement awards.

(9) If the relevant award is the Queensland Local Government Industry Award—State 2014, despite subsection (2) the registrar must not partition the relevant award until the review and variation of the award under old chapter 20, division 2 has been completed.

(10) In this section—

"ministerial request" means the variation notice given by the Minister to the commission under old section 140CA(1) on 6 June 2016.

"replaced" includes superseded.