Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INDUSTRIAL RELATIONS
AND ANOTHER ACT
AMENDMENT BILL 2000
Queensland
INDUSTRIAL RELATIONS AND
ANOTHER ACT AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF INDUSTRIAL RELATIONS ACT
1999
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 43 (Entitlement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of ch 2, pt 3, div 3, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 48 (Taking long service leave--alternative
provision for casual employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 49 (Payment for long service leave) . . . . . . . . . . . . . . . . . 7
8 Amendment of s 50 (Entitlement--employees in sugar industry
and meat works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Replacement of s 53 (Payment instead of long service leave on
termination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
53 Payment instead of long service leave . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 58 (Review of general employment conditions) . . . . . . . 9
PART 3--AMENDMENT OF BUILDING AND CONSTRUCTION
INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 56 (Application for entitlement to long service
leave or payment instead of long service leave) . . . . . . . . . . . . . . . . . . . . . 9
2000
A BILL
FOR
An Act to amend the Industrial Relations Act 1999 and the Building
and Construction Industry (Portable Long Service Leave) Act 1991
s1 4 s4
Industrial Relations and Another Act
Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Industrial Relations and Another Act 4
Amendment Act 2000. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
ART 2--AMENDMENT OF INDUSTRIAL 8
P
RELATIONS ACT 1999 9
amended in pt 2 10
Act
Clause 3. This part amends the Industrial Relations Act 1999. 11
of s 43 (Entitlement) 12
Amendment
Clause 4.(1) Section 43(2)(a), (2)(b) and (6), definition "proportionate 13
payment", `15 years'-- 14
omit, insert-- 15
`10 years'. 16
(2) Section 43(2)(a), (2)(b) and (6), definition "proportionate 17
payment", `13 weeks'-- 18
omit, insert-- 19
`8.6667 weeks'. 20
s4 5 s4
Industrial Relations and Another Act
Amendment
(3) Section 43(4), (5) and (6)-- 1
renumber as section 43(5), (6) and (9). 2
(4) Section 43(3)-- 3
omit, insert-- 4
`(3) An employee who has completed at least 7 years continuous service 5
is entitled to a proportionate payment for long service leave on the 6
termination of the employee's service. 7
`(4) However, if the employee's service is terminated before the 8
employee has completed 10 years continuous service, the employee is 9
entitled to a proportionate payment only if-- 10
(a) the employee's service is terminated because of the employee's 11
death; or 12
(b) the employee terminates the service because of-- 13
(i) the employee's illness or incapacity; or 14
(ii) a domestic or other pressing necessity; or 15
(c) the termination is because the employer-- 16
(i) dismisses the employee for a reason other than the 17
employee's conduct, capacity or performance; or 18
(ii) unfairly dismisses the employee.'. 19
(5) Section 43-- 20
insert-- 21
`(7) For the purposes of working out when an employee may take long 22
service leave, only two-thirds of the employee's continuous service 23
completed before the commencement of this subsection counts as 24
continuous service. 25
`(8) Subsection (7) does not reduce an entitlement to long service leave 26
that an employee has accrued before subsection (7) commences. 27
28
Examples of subsections (7) and (8)--
29
An employee has completed 15 years continuous service immediately before the
30
commencement. The 15 years counts as 10 years continuous service for working out
31
when the employee may take long service leave. The employee may take the leave
s5 6 s6
Industrial Relations and Another Act
Amendment
1
immediately. The employee's entitlement then is 13 weeks (15 x 0.86667 weeks).
2
An employee has completed 10 years continuous service immediately before the
3
commencement. The 10 years counts as 6.6667 years continuous service for working
4
out when the employee may take long service leave. The employee may take the
5
leave after completing another 3.3333 years continuous service. The employee's
6
entitlement then will be 11.5556 weeks ([10 + 3.3333] x 0.86667 weeks).
7
An employee has completed 1 year continuous service immediately before the
8
commencement. The 1 year counts as 0.6667 years continuous service for working out
9
when the employee may take long service leave. The employee may take the leave
10
after completing another 9.3333 years continuous service. The employee's
11
entitlement then will be 8.9556 weeks ([1 + 9.3333] x 0.86667 weeks).
12
An employee starts employment after the commencement. The employee may
13
take long service leave after completing 10 years continuous service. The employee's
14
entitlement then will be 8.6667 weeks (10 x 0.86667 weeks).'.
of ch 2, pt 3, div 3, heading 15
Amendment
Clause 5. Chapter 2, part 3, division 3, heading, after `Casual'-- 16
insert-- 17
`or regular part-time'. 18
of s 48 (Taking long service leave--alternative provision 19
Amendment
for casual employees) 20
Clause 6.(1) Section 48, heading, after `casual'-- 21
insert-- 22
`or regular part-time'. 23
(2) Section 48(1), after `casual'-- 24
insert-- 25
`or regular part-time1'. 26
1 See the dictionary for the definition "regular part-time employee".
s7 7 s8
Industrial Relations and Another Act
Amendment
of s 49 (Payment for long service leave) 1
Amendment
Clause 7.(1) Section 49(2) to (6)-- 2
renumber as section 49(3) to (7). 3
(2) Section 49(1)-- 4
omit, insert-- 5
`49.(1) This section applies if an employee who is entitled to long service 6
leave was a casual or regular part-time employee at any time during the 7
employee's continuous service to which the long service leave relates. 8
`(2) The minimum amount payable to the employee for long service 9
leave is worked out using the formula-- 10
actual service x 8.6667 x hourly rate 11
52 10 12
13
Example--
14
An employee who worked 15 600 ordinary working hours over a 10 year period and
15
is being paid an hourly rate of $12 is entitled to be paid--
16
15 600 x 8.6667 x $12
17
52 10
18
= $3 120.01'.
of s 50 (Entitlement--employees in sugar industry and 19
Amendment
meat works) 20
Clause 8. Section 50(2)-- 21
omit, insert-- 22
`(2) The employee is entitled to long service leave on full pay of at least 23
the number of weeks worked out using the following formula-- 24
section 43 entitlement x actual service 25
10 26
s9 8 s9
Industrial Relations and Another Act
Amendment
1
Example--
2
An employee who worked half of each year, over a 10 year period, is entitled to
3
half the section 43 entitlement, that is, half of 8.6667 weeks leave
4
(8.6667 x 5 = 4.3334).'.
5
10
of s 53 (Payment instead of long service leave on 6
Replacement
termination) 7
Clause 9. Section 53-- 8
omit, insert-- 9
instead of long service leave 10
`Payment
`53.(1) An employee may be paid for all or part of an entitlement to long 11
service leave instead of taking the leave or part of the leave if subsection (2) 12
or (3) applies. 13
`(2) If the relevant industrial instrument provides for the employee to be 14
paid for all or part of an entitlement to long service leave instead of taking 15
the leave or part of the leave, payment may be made, in accordance with the 16
industrial instrument, if the employee and employer agree by a signed 17
agreement. 18
`(3) If no industrial instrument provides for the employee to be paid for 19
all or part of an entitlement to long service leave instead of taking the leave 20
or part of the leave, payment may be made only if the payment is ordered 21
by the commission on application by the employee. 22
`(4) The commission may order the payment only if satisfied the 23
payment should be made-- 24
(a) on compassionate grounds; or 25
(b) on the ground of financial hardship. 26
`(5) Despite section 58(2), the full bench must not make a general ruling 27
that allows an employee to be paid for an entitlement to long service leave 28
instead of taking the leave. 29
`(6) In subsection (3)-- 30
"employee" includes a registered worker under the Building and 31
s 10 9 s 12
Industrial Relations and Another Act
Amendment
Construction Industry (Portable Long Service Leave) Act 1991. 1
"entitlement to long service leave" includes an entitlement to long service 2
leave under the Building and Construction Industry (Portable Long 3
Service Leave) Act 1991, section 57(1).2'. 4
of s 58 (Review of general employment conditions) 5
Amendment
Clause 10.(1) Section 58(2)-- 6
omit. 7
(2) Section 58(3)-- 8
renumber as section 58(2). 9
ART 3--AMENDMENT OF BUILDING AND 10
P
CONSTRUCTION INDUSTRY (PORTABLE LONG 11
SERVICE LEAVE) ACT 1991 12
amended in pt 3 13
Act
Clause 11. This part amends the Building and Construction Industry (Portable 14
Long Service Leave) Act 1991. 15
of s 56 (Application for entitlement to long service leave 16
Amendment
or payment instead of long service leave) 17
Clause 12.(1) Section 56(3)-- 18
renumber as section 56(4). 19
(2) Section 56-- 20
insert-- 21
2 Building and Construction Industry (Portable Long Service Leave) Act 1991,
section 57 (Entitlement to long service leave)
s 12 10 s 12
Industrial Relations and Another Act
Amendment
`(3) If no building and construction industry award or agreement 1
provides for the worker to be paid all or part of an entitlement to long 2
service leave instead of taking the leave or part of the leave, payment may be 3
made only if-- 4
(a) the worker has accrued 10 years service in the register of workers; 5
and 6
(b) the industrial relations commission has ordered the payment 7
under the Industrial Relations Act 1999, section 53(3).3'. 8
© State of Queensland 2000
3 Industrial Relations Act 1999, section 53 (Payment instead of long service leave)
[Index] [Search] [Download] [Related Items] [Help]