Queensland Numbered Acts Queensland Numbered ActsBefore schedule 5—
insert—
'In this schedule—
chief executive means the chief executive administering the Hospital and Health Boards Act 2011.
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.
prescribed Service see the Hospital and Health Boards Act 2011, schedule 2.
Service see the Hospital and Health Boards Act 2011, schedule 2.
'(1) This section applies if the dismissal of a health service employee by a health system employer related to the employee's conduct, capacity or performance at another health system employer.
'(2) For section 77, 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.
'(1) This section applies to awards applying to health service employees employed by a prescribed Service.
'(2) The chief executive is to be a party to the award instead of the prescribed Service as if the chief executive were the employer of the health service employees.
'(3) Despite the chief executive being a party to the award, the award is binding on prescribed Services and their employees.
'(1) This section applies to a proceeding under chapter 5 in relation to an award for health service employees employed by a prescribed Service.
'(2) The chief executive is to be a party to the proceeding instead of the prescribed Service as if the chief executive were the employer of the health service employees.
'For section 125, for 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 an application under that section.
'Despite section 129(3), if the chief executive is a party to a certified agreement for health service employees, the provisions that are included in an award must also apply to the prescribed Services.
'(1) This section applies to a certified agreement applying to health service employees employed by a prescribed Service.
'(2) The chief executive is to be a party to the certified agreement instead of the prescribed Service as if the chief executive were the employer of the health service employees.
'(1) This section applies to a proceeding under chapter 6 in relation to an agreement for health service employees employed by a prescribed Service.
'(2) The chief executive is to be a party to the proceeding instead of the prescribed Service as if the chief executive were the employer of the health service employees.
'For section 142, for 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 a certified agreement under that section.
'For section 143, for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and can propose to make a certified agreement as an employer under that section.
'For section 144(2)(c) and (3), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service for negotiating with an employee organisation.
'(1) This section applies to a proposed agreement between the chief executive and the health service employees employed by a prescribed Service or an employee organisation representing the employees.
'(2) For section 147, the prescribed Service has the same obligations as the proposed parties during the peace obligation period.
'(1) For requesting employees to approve a proposed agreement and doing other things under section 147A, the chief executive is taken to be the employer instead of the prescribed Service for health service employees employed by the Service.
'(2) However, the chief executive is not taken to be the employer instead of the prescribed Service for section 147A(4).
'(1) For section 148(1)(b), a prescribed Service is also taken to be a negotiating party.
'(2) For section 148(5), a prescribed Service is also taken to be a party.
'For section 150(4) and (5), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service in relation to the revocation of a determination.
'For section 152(2), for health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service for an application to the registrar about not negotiating about a proposed agreement.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 166, the certified agreement binds the prescribed Services.
'Section 167(2)(b) and (c) apply subject to the modifications contained in this schedule.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 168, the chief executive is taken to be the employer instead of the prescribed Services and may apply to the commission to extend the certified agreement's nominal expiry date.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 169(2), the chief executive is taken to be the employer instead of the prescribed Services and may apply to the commission to amend the certified agreement.
'(3) For section 169(6), an application to amend a certified agreement may be made by the chief executive instead of a prescribed Service.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 170, the chief executive is taken to be the employer instead of the prescribed Services for seeking the commission's approval to amend the agreement.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 172, the chief executive is taken to be the employer instead of the prescribed Services for terminating the agreement by notice.
'(1) This section applies to a certified agreement between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.
'(2) For section 173, the chief executive is taken to be the employer instead of the prescribed Services for applying to the commission to terminate the agreement.
'For section 175, the prescribed Service for the proposed agreement is taken to be the negotiating party, instead of the chief executive, for the purpose of taking industrial action in response to industrial action by another negotiating party.
'For section 181D(1)(c), the chief executive and a prescribed Service for a proposed agreement are each taken to be the employer who is a party to the proposed agreement and the Minister may give either or both of them written directions to take, or not take, stated action.
'For section 185(3), the obligation not to coerce, or attempt to coerce, an employee also applies to the chief executive for health service employees of the prescribed Services.
'(1) This section applies if section 229(1) applies in relation to a dispute involving a prescribed Service as an employer.
'(2) The prescribed Service must give the chief executive notice of the dispute—
(a) at the same time as the registrar is first given notice of the dispute under section 229(2); and
(b) in a way mentioned in section 229(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 gives written notice to the prescribed Service 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 one 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 chief executive's written notice under subsection (3) as soon as practicable after receiving the notice.
'(1) This section applies if—
(a) the chief executive has given written notice under section 24(3) of this schedule to a prescribed Service that the prescribed Service is to be a party to the dispute; and
(b) during the proceedings the chief executive considers that the subject of the dispute may affect the terms and conditions of employment of health service employees in more than one health system employer.
'(2) The chief executive may intervene in the proceedings.
'(3) On intervention, the chief executive becomes a party to the proceedings.
'For section 235, for health service employees employed by a prescribed Service, the chief executive—
(a) is taken to be the employer instead of the prescribed Service; and
(b) may make application under section 235(2) for the commission to act under section 235(4) in relation to conducting a secret ballot.
'For section 239, for health service employees employed by a prescribed Service, the chief executive—
(a) is taken to be the employer instead of the prescribed Service; and
(b) may make application under section 239(2) for a contravention of section 238(2) or (3) about payment for strikes.
'(1) This section applies to a provision of this Act (other than chapter 5, 6 or 7) 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 a written notice to the prescribed Service 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 is to have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than one 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.
'(1) This section applies to a proceeding in the commission for a matter (other than a proceeding under chapter 5, 6 or 7) 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 28(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 written notice to the prescribed Service 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 is to have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than one 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.
'(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.
'(1) For section 265(2), for 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 an application to regulate a calling by an award.
'(2) For section 265(5), for 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 an application to consolidate an award.
'For schedule 4, section 5, the chief executive and the prescribed Service for the employees are each taken to be the employer for the purpose of the applicant giving the employer a copy of the application for a protected action ballot order.
'For schedule 4, section 7, the commission may treat the following as being employees of the same employer for dealing with 2 or more applications for a protected action ballot order at the same time—
(a) employees of 2 or more prescribed Services;
(b) employees of 1 or more prescribed Services and the department.
'For schedule 4, section 8, the chief executive is taken to be the employer instead of a prescribed Service for the purpose of the commission being satisfied that each applicant has been, and is, genuinely trying to reach agreement with the employer of the employees who are to be balloted.
'For schedule 4, section 9, the chief executive and the prescribed Service for the employees who are to be balloted are each taken to be the employer for the purpose of the commission giving the employer of the employees a copy of a protected action ballot order.
'For schedule 4, section 10, the commission may treat the following as being employees of the same employer for requiring protected action ballots to be held at the same time—
(a) employees of 2 or more prescribed Services;
(b) employees of 1 or more prescribed Services and the department.
'For schedule 4, section 22, the chief executive and the prescribed Service for the employees who were balloted are each taken to be the employer for the purpose of the ECQ informing the employer of the employees of the results of the ballot.'.