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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INDUSTRIAL RELATIONS
AND ANOTHER
ACT AMENDMENT BILL 2001
Queensland
INDUSTRIAL RELATIONS AND ANOTHER
ACT AMENDMENT BILL 2001
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) . . . . . . . . . . . . . . . . . 6
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) 7
53 Payment instead of long service leave . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 58 (Review of general employment conditions) . . . . . . . . 8
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
2001
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 Bill
2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Industrial Relations and Another Act 4
Amendment Act 2001. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF INDUSTRIAL RELATIONS 8
ACT 1999 9
3 Act amended in pt 2
Clause 10
This part amends the Industrial Relations Act 1999. 11
4 Amendment of s 43 (Entitlement)
Clause 12
(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
(3) Section 43(4), (5) and (6)-- 21
renumber as section 43(5), (6) and (9). 22
s4 5 s4
Industrial Relations and Another Act Amendment Bill
2001
(4) Section 43(3)-- 1
omit, insert-- 2
`(3) An employee who has completed at least 7 years continuous service 3
is entitled to a proportionate payment for long service leave on the 4
termination of the employee's service. 5
`(4) However, if the employee's service is terminated before the 6
employee has completed 10 years continuous service, the employee is 7
entitled to a proportionate payment only if-- 8
(a) the employee's service is terminated because of the employee's 9
death; or 10
(b) the employee terminates the service because of-- 11
(i) the employee's illness or incapacity; or 12
(ii) a domestic or other pressing necessity; or 13
(c) the termination is because the employer-- 14
(i) dismisses the employee for a reason other than the 15
employee's conduct, capacity or performance; or 16
(ii) unfairly dismisses the employee.'. 17
(5) Section 43-- 18
insert-- 19
`(7) For the purposes of working out when an employee may take long 20
service leave, only two-thirds of the employee's continuous service 21
completed before the commencement of this subsection counts as 22
continuous service. 23
`(8) Subsection (7) does not reduce an entitlement to long service leave 24
that an employee has accrued before subsection (7) commences. 25
26
Examples of subsections (7) and (8)--
27
An employee has completed 15 years continuous service immediately before the
28
commencement. The 15 years counts as 10 years continuous service for working out when
29
the employee may take long service leave. The employee may take the leave immediately.
30
The employee's entitlement then is 13 weeks (15 x 0.86667 weeks).
31
An employee has completed 10 years continuous service immediately before the
32
commencement. The 10 years counts as 6.6667 years continuous service for working out
33
when the employee may take long service leave. The employee may take the leave after
34
completing another 3.3333 years continuous service. The employee's entitlement then will
35
be 11.5556 weeks ([10 + 3.3333] x 0.86667 weeks).
36
An employee has completed 1 year continuous service immediately before the
37
commencement. The 1 year counts as 0.6667 years continuous service for working out
s5 6 s7
Industrial Relations and Another Act Amendment Bill
2001
1
when the employee may take long service leave. The employee may take the leave after
2
completing another 9.3333 years continuous service. The employee's entitlement then will
3
be 8.9556 weeks ([1 + 9.3333] x 0.86667 weeks).
4
An employee starts employment after the commencement. The employee may take
5
long service leave after completing 10 years continuous service. The employee's
6
entitlement then will be 8.6667 weeks (10 x 0.86667 weeks).'.
5 Amendment of ch 2, pt 3, div 3, heading
Clause 7
Chapter 2, part 3, division 3, heading, after `Casual'-- 8
insert-- 9
`or regular part-time'. 10
6 Amendment of s 48 (Taking long service leave--alternative
Clause 11
provision for casual employees) 12
(1) Section 48, heading, after `casual'-- 13
insert-- 14
`or regular part-time'. 15
(2) Section 48(1), after `casual'-- 16
insert-- 17
`or regular part-time1'. 18
7 Amendment of s 49 (Payment for long service leave)
Clause 19
(1) Section 49(2) to (6)-- 20
renumber as section 49(3) to (7). 21
(2) Section 49(1)-- 22
omit, insert-- 23
`(1) This section applies if an employee who is entitled to long service 24
leave was a casual or regular part-time employee at any time during the 25
employee's continuous service to which the long service leave relates. 26
1 See the dictionary for the definition "regular part-time employee".
s8 7 s9
Industrial Relations and Another Act Amendment Bill
2001
`(2) The minimum amount payable to the employee for long service 1
leave is worked out using the formula-- 2
actual service 8.6667
---------------------------------- × --------------- × hourly rate
-
52 10
3
Example--
4
An employee who worked 15 600 ordinary working hours over a 10 year period and is
5
being paid an hourly rate of $12 is entitled to be paid--
15 600 8.6667
--------------- × --------------- × $12 = $3 120.01'.
- -
52 10
8 Amendment of s 50 (Entitlement--employees in sugar industry
Clause 6
and meat works) 7
Section 50(2)-- 8
omit, insert-- 9
`(2) The employee is entitled to long service leave on full pay of at least 10
the number of weeks worked out using the following formula-- 11
actual service
section 43 entitlement × ----------------------------------
10
12
Example--
13
An employee who worked half of each year, over a 10 year period, is entitled to half the
14
section 43 entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5 = 4.3334).'.
15
10
9 Replacement of s 53 (Payment instead of long service leave on
Clause 16
termination) 17
Section 53-- 18
omit, insert-- 19
`53 Payment instead of long service leave 20
`(1) An employee may be paid for all or part of an entitlement to long 21
service leave instead of taking the leave or part of the leave if 22
subsection (2) or (3) applies. 23
`(2) If the relevant industrial instrument provides for the employee to be 24
paid for all or part of an entitlement to long service leave instead of taking 25
the leave or part of the leave, payment may be made, in accordance with 26
s 10 8 s 10
Industrial Relations and Another Act Amendment Bill
2001
the industrial instrument, if the employee and employer agree by a signed 1
agreement. 2
`(3) If no industrial instrument provides for the employee to be paid for 3
all or part of an entitlement to long service leave instead of taking the leave 4
or part of the leave, payment may be made only if the payment is ordered 5
by the commission on application by the employee. 6
`(4) The commission may order the payment only if satisfied the 7
payment should be made-- 8
(a) on compassionate grounds; or 9
(b) on the ground of financial hardship. 10
`(5) Despite section 58(2), the full bench must not make a general ruling 11
that allows an employee to be paid for an entitlement to long service leave 12
instead of taking the leave. 13
`(6) In subsection (3)-- 14
"employee" includes a registered worker under the Building and 15
Construction Industry (Portable Long Service Leave) Act 1991. 16
"entitlement to long service leave" includes an entitlement to long service 17
leave under the Building and Construction Industry (Portable Long 18
Service Leave) Act 1991, section 57(1).2'. 19
10 Amendment of s 58 (Review of general employment conditions)
Clause 20
(1) Section 58(2)-- 21
omit. 22
(2) Section 58(3)-- 23
renumber as section 58(2). 24
2 Building and Construction Industry (Portable Long Service Leave) Act 1991,
section 57 (Entitlement to long service leave)
s 11 9 s 12
Industrial Relations and Another Act Amendment Bill
2001
PART 3--AMENDMENT OF BUILDING AND 1
CONSTRUCTION INDUSTRY (PORTABLE LONG 2
SERVICE LEAVE) ACT 1991 3
11 Act amended in pt 3
Clause 4
This part amends the Building and Construction Industry (Portable Long 5
Service Leave) Act 1991. 6
12 Amendment of s 56 (Application for entitlement to long service
Clause 7
leave or payment instead of long service leave) 8
(1) Section 56(3)-- 9
renumber as section 56(4). 10
(2) Section 56-- 11
insert-- 12
`(3) If no building and construction industry award or agreement 13
provides for the worker to be paid all or part of an entitlement to long 14
service leave instead of taking the leave or part of the leave, payment may 15
be made only if-- 16
(a) the worker has accrued 10 years service in the register of 17
workers; and 18
(b) the industrial relations commission has ordered the payment 19
under the Industrial Relations Act 1999, section 53(3).3'. 20
21
© State of Queensland 2001
3 Industrial Relations Act 1999, section 53 (Payment instead of long service leave)
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