Queensland Numbered Acts Queensland Numbered ActsChapter 20—
insert—
'(1) This subdivision applies in relation to—
(a) a local government, other than a local government mentioned in section 744(1)(a); and
(b) an employee of a local government mentioned in paragraph (a).
'(2) In this section—
local government does not include the Brisbane City Council.
'In this subdivision—
commencement means the commencement of this section.
division 3 pre-reform certified agreement means a division 3 pre-reform certified agreement under the Workplace Relations Act continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
pre-reform Act means the Workplace Relations Act as in force immediately before the commencement of the Work Choices Amendment Act, schedule 1.
remuneration, in relation to an employee—
(a) includes the wage or salary payable to the employee; and
(b) does not include amounts payable or other benefits made available to the employee under a contract of service.
substitute State agreement see section 769(2).
substitute State award, other than for section 768 or 768A, means a substitute State award under section 768(5) or 768A(2)(a).
substitute State instrument means the following—
(a) a substitute State award;
(b) a substitute State agreement.
transitional award means a transitional award under the Workplace Relations Act continued in existence as a continuing schedule 6 instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
Work Choices Amendment Act means the Workplace Relations Amendment (Work Choices) Act 2005 (Cwlth).
Workplace Relations Act means the Workplace Relations Act 1996 (Cwlth).
'(1) Subsection (2) applies if—
(a) immediately before the commencement, a local government was a respondent to a transitional award; and
(b) the respondents named or listed in the transitional award are the same or substantially the same as the respondents named or listed in a substitute State award as in force immediately before the commencement.
'(2) On the commencement, the substitute State award mentioned in subsection (1)(b) applies to the local government and any employee of the local government.
'(3) However, in relation to employees to whom a transitional award applied immediately before the commencement, the substitute State award is amended so that the remuneration under the transitional award continues to apply.
'(4) Subject to subsection (3), the substitute State award has effect according to its terms.
'(5) This section does not affect the operation of section 165.
'(6) In this section—
substitute State award means an award taken to be made by the commission, and amended, as provided for in section 747.
'(1) This section makes provision in relation to an award as defined in the pre-reform Act, section 4(1) that was continued as a transitional award, if—
(a) a local government, other than a local government to which section 768(2) applies, was a respondent to the award; and
(b) immediately before the commencement, the transitional award continued in force.
'(2) On the commencement, the award—
(a) is taken to be an award made by the commission under section 125 (also a substitute State award); and
(b) applies to the local government and any employee of the local government.
'(3) The substitute State award is taken to be amended so that the remuneration applying to employees under the transitional award immediately before the commencement applies to the employees to whom the substitute State award applies.
'(4) Subject to subsection (3) and section 770, the substitute State award has effect according to its terms and, despite section 133, an action to enforce the substitute State award may be commenced at any time.
'(5) This section does not affect the operation of section 165.
'(1) This section makes provision in relation to each division 3 pre-reform certified agreement in force immediately before the commencement.
'(2) On the commencement, the division 3 pre-reform certified agreement is taken to be a certified agreement certified by the commission under section 156 (a substitute State agreement).
'(3) The substitute State agreement is taken to be amended by omitting any dispute settlement procedure (however described) provided for in the agreement and inserting instead—
(a) clause 3.2 of the Sample Award - State 2004 attached to Practice Note PN 9 issued by the commission on 30 June 2004; or
(b) if the commission has replaced clause 3.2 with another grievance and dispute settling procedure—the replacement procedure.
Editor's note—
Clause 3.2 of the Sample Award provides for a grievance and dispute settling procedure. A copy of the practice note can be found on the commission's website at.
'(4) Subject to subsection (3) and section 770, and despite section 169(7), the substitute State agreement has effect according to its terms.
'(1) This section has effect for sections 768A and 769.
'(2) A reference to the Australian Industrial Relations Commission or Fair Work Australia (however described) in a substitute State instrument is taken to be a reference to the commission.
'(3) A reference to a provision of the Workplace Relations Act, the Work Choices Amendment Act or the Commonwealth Act in a substitute State instrument is taken to be a reference to a corresponding provision of this Act.
'(4) Sections 746(4) and 754 apply to a substitute State instrument as if a reference to a substitute State instrument in those sections were a reference to a substitute State instrument under this subdivision.
'(5) In this section—
corresponding provision of this Act, to a provision of the Workplace Relations Act, the Work Choices Amendment Act or the Commonwealth Act, means—
(a) if paragraph (b) does not apply, a provision of this Act that is of similar effect to the provision of the Workplace Relations Act, the Work Choices Amendment Act or the Commonwealth Act; or
(b) a provision of this Act declared under a regulation to be a corresponding provision.
'(1) This section applies to an employee to whom a substitute State instrument applies after the commencement.
'(2) The employee is entitled to receive not less than the remuneration the employee received immediately before the commencement.
'(3) Subsection (2) has effect until—
(a) for a substitute State agreement, the earlier of the following—
(i) the day a certified agreement, certified by the commission after the commencement, applies to the employee;
(ii) the remuneration provisions of the substitute State agreement are amended;
(iii) the substitute State agreement is terminated;
(iv) the commission makes a decision in relation to the remuneration the employee is entitled to receive under the substitute State agreement; or
(b) for a substitute State award, the earlier of the following—
(i) the day a certified agreement, certified by the commission after the commencement, applies to the employee;
(ii) the remuneration provisions of the substitute State award are amended;
(iii) the commission makes a new award that replaces the substitute State award for the employee.
'(4) In this section—
remuneration, in relation to an employee, includes amounts payable or other benefits made available to the employee under a contract of service.
'(1) Sections 8A, 9, 9A, 10, 11 and 15 do not apply in relation to an employee to whom a substitute State agreement applies until the earlier of the following—
(a) 27 March 2012;
(b) the day a certified agreement, certified by the commission after the commencement, applies to the employee.
'(2) Sections 8A, 9, 9A, 10, 11 and 15 do not apply in relation to an employee to whom a substitute State award applies until the earlier of the following—
(a) 27 March 2012;
(b) the day a certified agreement, certified by the commission after the commencement, applies to the employee;
(c) the substitute State award is repealed;
(d) the commission makes a new award that replaces the substitute State award for the employee.
'(3) Despite subsection (2), sections 8A, 9, 9A, 10, 11 and 15 continue to apply in relation to an employee to whom an industrial instrument applied immediately before the commencement.
'(4) Subsections (1) and (2) do not limit section 771.
'(1) This section applies if, immediately before the commencement of this section, an industrial instrument applied to a local government or an employee of the local government.
'(2) On the commencement of this section, subdivision 1 does not affect—
(a) the application of the industrial instrument to the local government or the employee; or
(b) the remuneration payable to the employee.
'(3) In this section—
local government does not include the Brisbane City Council.
remuneration, in relation to an employee, includes—
(a) the wage or salary payable to the employee; and
(b) amounts payable or other benefits made available to the employee under a contract of service or an industrial instrument.
'In this division—
amending Act means the Electrical Safety and Other Legislation Amendment Act 2011.
previous, in relation to a stated provision that includes a number, means the provision of the Act with that number immediately before the commencement of this section.
'(1) This section applies if, immediately before the amendment of this Act by the amending Act, a new State instrument was taken to be a QWA under previous section 692D.
'(2) The QWA continues in force subject to this division and previous section 692D(3), (4) and (5).
'(3) The QWA expires on the earlier of the following—
(a) the specified nominal expiry date the instrument is taken to have under previous section 692D(6);
(b) a day that is 4 months after the commencement of this section.
'(1) The QWA may be terminated before the day it expires under section 775(3) by written agreement (termination agreement) between the employer and employee.
'(2) The termination agreement takes effect on—
(a) if a day is stated in the termination agreement as the date it takes effect—the day stated in the termination agreement; or
(b) otherwise—the day the QWA expires under section 775(3).
'(3) The termination agreement must be filed with the registrar or chief inspector.
'(4) If the registrar or chief inspector is satisfied that the filing requirements for the termination agreement under previous section 200(6) have been met, the registrar or chief inspector must issue a filing receipt to the person who filed it.
'(5) Previous chapter 6, part 2, division 5 does not apply to the QWA or termination agreement.
'Subject to this division, this Act as in force immediately before its amendment by the amending Act, continues to apply to a QWA continued under this division.
'Despite the amendment of section 252 by the Electrical Safety and Other Legislation Amendment Act 2011, section 32, the president's report under section 252 for the financial years ending 30 June 2011 and 30 June 2012 must contain summaries of significant decisions and interpretations about QWAs and ancillary documents.
'The amendment of the Industrial Relations Regulation 2000 and the Industrial Relations (Tribunals) Rules 2000 by the Electrical Safety and Other Legislation Amendment Act 2011 does not affect the power of the Governor in Council to further amend the regulation or rules or to repeal them.'.