Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SCHEDULE 4

SCHEDULE 4 – Application of Act to prescribed Hospital and Health Services and their employees

Part 1 - Preliminary

1 Definitions for schedule

In this schedule—

"chief executive" means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.

"health service employee" see the Hospital and Health Boards Act 2011 , schedule 2 .

"health system employer" means—

(a) the department in which the Hospital and Health Boards Act 2011 is administered; or

(b) a prescribed Service.

2 Chief executive to be employer for particular purposes

(1) This section applies to a health service employee employed by a prescribed Service.

(2) For chapters 3 to 6 , the chief executive is taken to be the employer of the employee instead of the prescribed Service.

Part 2 - Modification of ch 3—Modern awards

3 Modern award covers prescribed Services and employees

(1) This section applies to modern awards applying to health service employees employed by a prescribed Service.

(2) Despite the chief executive being a party to the modern award, the award covers prescribed Services and their employees.

Part 3 - Modification of chapter 4—Collective bargaining

4 How s 174 (Peace obligation period to assist negotiations) applies

(1) This section applies to negotiations between the chief executive and the health service employees employed by a prescribed Service or an employee organisation representing the employees.

(2) For section 174 , the prescribed Service has the same obligations as the negotiating parties during the peace obligation period.

5 How s 175 (Application of division) applies

For section 175 (1) (b) , a prescribed Service is also taken to be a negotiating party if authorised by the chief executive.

6 How s 221 (Who is covered by a bargaining instrument) applies

(1) This section applies to a certified agreement or bargaining award between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.

(2) For section 221 , the certified agreement or bargaining award covers the prescribed Services.

7 How s 222 (Application of bargaining instrument to successor employers) applies

Section 222 (2) (b) and (c) apply subject to the modifications contained in this schedule.

Part 4 - Modification of chapter 6—Industrial disputes

8 When chief executive taken to be party to industrial dispute

(1) This section applies if section 261 (1) applies in relation to a dispute involving a prescribed Service as an employer.

Note—

For the application of this section, it does not matter whether the dispute was started by the prescribed Service.

(2) The prescribed Service must give the chief executive written notice of the dispute—

(a) at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and

(b) in a way mentioned in section 261 (3) .

(3) The chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive, or an authorised delegate of the chief executive, gives the prescribed Service written notice that the prescribed Service is to be a party to the dispute.

(4) In deciding whether to give a written notice under subsection (3) , the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.

(5) If the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the written notice given by the chief executive or authorised delegate under subsection (3) as soon as practicable after receiving the notice.

9 When chief executive may intervene in industrial dispute

(1) This section applies if—

(a) the chief executive has given a prescribed Service written notice under section 8 (3) of this schedule that the prescribed Service is to be a party to an industrial dispute; and

(b) during the proceedings the chief executive considers the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.

(2) The chief executive may intervene in the proceedings.

(3) On intervention, the chief executive becomes a party to the proceedings.

Part 5 - Modification of chapter 8—Rights and responsibilities of employees, employers, organisations etc.

10 How s 320 (Matters to be considered in deciding an application) applies

(1) This section applies if the dismissal of a health service employee by a health system employer relates to the employee’s conduct, capacity or performance at another health system employer.

(2) For section 320 , the commission may decide that a dismissal was not harsh, unjust or unreasonable even though the dismissal related to the employee’s conduct, capacity or performance at another health system employer.

Part 6 - Modification of other provisions

11 Who makes application to commission as employer

(1) This section applies to a provision of this Act (other than a provision of chapters 3 to 6 ) under which an application may be made to the commission by an employer about a matter.

(2) If the application relates to health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make the application for the matter.

(3) However, the chief executive may give the prescribed Service written notice that the prescribed Service may make the application as the employer.

(4) In deciding whether to give a written notice under subsection (3) , the chief executive must have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than 1 health system employer.

(5) If the prescribed Service makes the application, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) when making the application.

12 Who is party to proceedings as employer before commission

(1) This section applies to a proceeding in the commission for a matter (other than a proceeding under chapters 3 to 6 ) if the proceeding relates to health service employees employed by a prescribed Service.

(2) The chief executive is taken to be the employer for the proceeding instead of the prescribed Service unless—

(a) the chief executive has given written notice under section 11 (3) of this schedule that a prescribed Service may make application for a matter the subject of the proceeding; or

(b) if paragraph (a) does not apply—the chief executive gives the prescribed Service written notice that the prescribed Service is the employer for the proceeding.

(3) In deciding whether to give a written notice under subsection (2) (b) , the chief executive must have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than 1 health system employer.

(4) The prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (2) (b) as soon as practicable after receiving the notice.

13 Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding

(1) This section applies to a proceeding before the commission if the chief executive is a party to the proceeding because the chief executive is taken to be the employer of health service employees instead of a prescribed Service.

(2) The commission may make orders, give directions or do anything else it may do under this Act in relation to the prescribed Service as if the prescribed Service was a party to the proceeding.

(3) Subsection (2) does not limit the orders, directions or other action the commission may take in relation to the chief executive.