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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Industrial Relations
Amendment Bill 2005
Queensland
Industrial Relations Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of ch 2, pt 1, div 1A hdg . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of ch 2, pt 1, new divs 1AB and 1AC . . . . . . . . . . . . . . . 4
Division 1AB Development of skills of employees
8B Wage structuring to develop employee skills . . . . . . . 4
Division 1AC Pay and conditions for particular outworkers
8C Pay and conditions for workers working from home
etc. and not covered by award or federal award. . . . . 5
6 Amendment of s 9 (Working time) . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9A Working time for an employee under an industrial
instrument made after 1 September 2005 etc. . . . . . . 6
8 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13A Annual leave loading . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Insertion of new ch 2, pt 1, div 3A . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3A Jury service leave
14A Jury service leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 15 (Public holidays) . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of s 69 (Continuity of service--transfer of calling) . . 11
12 Insertion of new ch 2, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 7 Minimum period of notice by particular
employees
71A Minimum period of notice required from employee
under particular instrument, federal award or federal
agreement ............................. 12
13 Amendment of s 84 (Minimum period of notice required) . . . . . . 13
14 Insertion of new ch 3, pt 4, div 1AA . . . . . . . . . . . . . . . . . . . . . . . 13
2
Industrial Relations Amendment Bill 2005
Division 1AA Redundancy payments
85A Application of div 1AA . . . . . . . . . . . . . . . . . . . . . . . . 13
85B Minimum redundancy payment . . . . . . . . . . . . . . . . . 14
85C Employer may apply for relief . . . . . . . . . . . . . . . . . . . 14
15 Amendment of s 160 (When an agreement passes the
no-disadvantage test) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 209 (When does a QWA pass the
no-disadvantage test) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 273 (Commission's functions) . . . . . . . . . . . . . . 15
18 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Schedule 3 Minimum redundancy payment
19 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
2005
A Bill
for
An Act to amend the Industrial Relations Act 1999
s1 4 s5
Industrial Relations Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Industrial Relations Amendment 3
Act 2005. 4
Clause 2 Commencement 5
This Act commences 1 September 2005. 6
Clause 3 Act amended 7
This Act amends the Industrial Relations Act 1999. 8
Clause 4 Replacement of ch 2, pt 1, div 1A hdg 9
Chapter 2, part 1, division 1A heading-- 10
omit, insert-- 11
`Division 1AA Minimum wage'. 12
Clause 5 Insertion of ch 2, pt 1, new divs 1AB and 1AC 13
After section 8A-- 14
insert-- 15
`Division 1AB Development of skills of employees 16
`8B Wage structuring to develop employee skills 17
`(1) An employer must, if it is appropriate to the employer's 18
industry and the calling or callings of the employer's 19
employees, structure the employees' wages in a way that 20
encourages the development of the employees' skills. 21
`(2) If, after completing an apprenticeship in a trade, an employee 22
works in the trade, the employee must be paid at least the 23
minimum rate payable under the award or federal award 24
applying to the trade. 25
s6 5 s7
Industrial Relations Amendment Bill 2005
`Division 1AC Pay and conditions for particular 1
outworkers 2
`8C Pay and conditions for workers working from home 3
etc. and not covered by award or federal award 4
`(1) This section applies to a person-- 5
(a) who is, for someone else's calling or business, engaged 6
in or about a private residence or other premises that are 7
not business or commercial premises; and 8
(b) who, when so engaged, is not a person to whom an 9
award or federal award applies. 10
`(2) The pay and conditions of the person must be fair and 11
reasonable when compared with the pay and conditions of 12
employees who perform the same kind of work at an 13
employer's business or commercial premises under an award 14
or federal award.'. 15
Clause 6 Amendment of s 9 (Working time) 16
(1) Section 9, heading, after `time'-- 17
insert-- 18
`for an employee under an industrial instrument made on or 19
before 1 September 2005 etc.'. 20
(2) Section 9(1), after `instrument'-- 21
insert-- 22
`, other than a certified agreement if the application to certify 23
the agreement was made after 1 September 2005'. 24
Clause 7 Insertion of new s 9A 25
Chapter 2, part 1, division 1-- 26
insert-- 27
s7 6 s7
Industrial Relations Amendment Bill 2005
`9A Working time for an employee under an industrial 1
instrument made after 1 September 2005 etc. 2
`(1) This section applies to an employee under any of the 3
following instruments, unless the instrument provides 4
otherwise-- 5
(a) an industrial instrument made after 1 September 2005, 6
other than a certified agreement if the application to 7
certify the agreement was made on or before 1 8
September 2005; 9
(b) a federal award made or varied after 1 September 2005; 10
(c) a federal agreement made, varied or approved after 1 11
September 2005, other than a federal agreement if the 12
application to certify the agreement was made on or 13
before 1 September 2005. 14
`(2) The periods for which the employee is required to work must 15
not exceed-- 16
(a) 6 days in any 7 consecutive days; or 17
(b) 38 hours in any 6 consecutive days; or 18
(c) 7.6 hours in any day. 19
`(3) The employee must be paid overtime at the rate of at least-- 20
(a) for a calling in which more than 1 shift is worked in a 21
day--double time; and 22
(b) for another calling--time and a half. 23
`(4) If the employee is paid at a higher rate than the minimum rate 24
provided for in the relevant instrument mentioned in 25
subsection (1), the overtime rate must be worked out on the 26
higher rate. 27
`(5) If practicable, the employee is entitled to a rest pause of at 28
least 10 minutes in each 4 hours of working time on a day. 29
`(6) The rest pause-- 30
(a) is part of the employee's working time; and 31
(b) if continuity of work is necessary--must be taken when 32
it does not interfere with continuity. 33
s7 7 s7
Industrial Relations Amendment Bill 2005
`(7) If the employee is required to work for more than 5 hours, the 1
employee is entitled to an unpaid meal break of at least 30 2
minutes after the end of the fourth hour of work and before the 3
start of the sixth hour of work. 4
`(8) If the employee is required to work in a way that is contrary to 5
subsection (7), the employee is entitled to be paid at a rate that 6
is double the rate the employee would have been entitled to 7
for the 30 minutes of work. 8
`(9) If the employee performs shift work, the employee must be 9
paid as follows-- 10
(a) for ordinary time worked on Monday, Tuesday, 11
Wednesday, Thursday or Friday-- 12
(i) for afternoon shift work--at least 12.5% more than 13
the ordinary rate applicable to the employee; or 14
(ii) for night shift work--at least 15% more than the 15
ordinary rate applicable to the employee; 16
(b) for ordinary time worked on Saturday--at least 25% 17
more than the ordinary rate applicable to the employee; 18
(c) for ordinary time worked on Sunday--at least 50% 19
more than the ordinary rate applicable to the employee. 20
`(10) If the employee's ordinary time includes working between 21
midnight Friday and midnight Sunday, other than as part of 22
performing shift work, the employee is entitled to be paid the 23
following-- 24
(a) for ordinary time worked between midnight Friday and 25
midnight Saturday--at least 25% more than the 26
ordinary rate applicable to the employee; 27
(b) for ordinary time worked between midnight Saturday 28
and midnight Sunday--at least 50% more than the 29
ordinary rate applicable to the employee. 30
`(11) Without limiting the application of this section to a casual 31
employee, if the employee is a casual employee, the employee 32
is entitled to be paid the following-- 33
(a) for time other than overtime--an ordinary rate that is at 34
least 123% of the ordinary rate for a permanent 35
employee for the work performed, worked out on an 36
hourly basis; 37
s8 8 s8
Industrial Relations Amendment Bill 2005
(b) for overtime--at least at the relevant overtime rate 1
specified in subsection (3) worked out on the ordinary 2
rate for the casual employee as specified in paragraph 3
(a). 4
`(12) In this section-- 5
afternoon shift work means all work performed as part of a 6
shift that finishes after 6.00p.m. and at or before midnight, if 7
the majority of hours for the shift are between 6.00p.m. and 8
midnight. 9
night shift work means all work performed as part of either of 10
the following-- 11
(a) a shift finishing after midnight and at or before 12
8.00a.m.; 13
(b) a shift if the majority of hours for the shift are between 14
midnight and 8.00a.m. 15
overtime means time worked-- 16
(a) outside any period mentioned in subsection (2); or 17
(b) before or after the fixed or recognised times of starting 18
or finishing work on a day in a calling. 19
shift work means a system in which employees perform 20
ordinary hours of work in separate shifts.'. 21
Clause 8 Insertion of new s 13A 22
After section 13-- 23
insert-- 24
`13A Annual leave loading 25
`(1) This section applies to an employee under any of the 26
following instruments, unless the instrument provides 27
otherwise-- 28
(a) an industrial instrument made after 1 September 2005, 29
other than a certified agreement if the application to 30
certify the agreement was made on or before 1 31
September 2005; 32
(b) a federal award made or varied after 1 September 2005; 33
s9 9 s9
Industrial Relations Amendment Bill 2005
(c) a federal agreement made, varied or approved after 1 1
September 2005, other than a federal agreement if the 2
application to certify the agreement was made on or 3
before 1 September 2005. 4
`(2) In addition to the employee's annual leave entitlement under 5
this division, the employee is entitled to receive a further 6
amount of at least 17½% of the amount payable under section 7
13(2)(a). 8
`(3) However, if the employee's employer pays the employee an 9
amount (however the amount is described, including, for 10
example, an annual leave bonus or annual leave loading) in 11
addition to the employee's annual leave entitlement under this 12
division and that amount-- 13
(a) is less than 17½% of the amount payable under section 14
13(2)(a)--the employee is entitled to receive a further 15
amount so that the employee receives the amount the 16
employee is entitled to under subsection (2); or 17
(b) is at least 17½% of the amount payable under section 18
13(2)(a)--the employee is not entitled to receive an 19
amount under subsection (2).'. 20
Clause 9 Insertion of new ch 2, pt 1, div 3A 21
After section 14-- 22
insert-- 23
`Division 3A Jury service leave 24
`14A Jury service leave 25
`(1) This section applies to an employee under any of the 26
following instruments, unless the instrument provides 27
otherwise-- 28
(a) an industrial instrument made after 1 September 2005, 29
other than a certified agreement if the application to 30
certify the agreement was made on or before 1 31
September 2005; 32
(b) a federal award made or varied after 1 September 2005; 33
s9 10 s9
Industrial Relations Amendment Bill 2005
(c) a federal agreement made, varied or approved after 1 1
September 2005, other than a federal agreement if the 2
application to certify the agreement was made on or 3
before 1 September 2005. 4
`(2) If the employee is required to attend for jury service, the 5
employee-- 6
(a) is entitled to take jury service leave; and 7
(b) must, as soon as is practicable, tell the employer about 8
the requirement to attend for jury service and the period 9
the employee is required to perform jury service. 10
`(3) If the employee is given a document relating to jury service, 11
the employee must give the document, or a copy of it, to the 12
employer. 13
`(4) For the period of jury service leave, the employer must pay 14
the employee the difference between the following-- 15
(a) the amount stated in the document relating to jury 16
service, or the copy, as the amount received as 17
remuneration and allowances, other than meal 18
allowances; 19
(b) the ordinary rate the employee would have been paid if 20
the employee had not taken jury service leave. 21
`(5) The amount payable under subsection (4) must be paid on or 22
before the first pay day that is practicable after the employee 23
gives the employer the employee's document relating to jury 24
service or a copy of it. 25
`(6) Also, if the employee is not required to serve on a jury for a 26
day or part of a day after attending for jury service and the 27
employee would ordinarily be working for all or part of the 28
remaining day, the employee must, if practicable, present for 29
work at the earliest reasonable opportunity. 30
`(7) In this section-- 31
document relating to jury service, in relation to an employee, 32
means a document stating the employee's attendance under a 33
requirement to attend for jury service, the number of days of 34
attendance and the amount received as remuneration and 35
allowances, other than meal allowances, under the Jury Act 36
1995. 37
s 10 11 s 11
Industrial Relations Amendment Bill 2005
employee does not include a casual employee. 1
jury service leave, in relation to an employee, means leave 2
taken by an employee required to attend for jury service. 3
required to attend for jury service, in relation to an employee, 4
means the employee-- 5
(a) is given a summons under the Jury Act 1995, section 271 6
requiring the employee to attend for jury service; or 7
(b) is instructed under the Jury Act 1995, section 382 to 8
attend for jury service.'. 9
Clause 10 Amendment of s 15 (Public holidays) 10
(1) Section 15(4) and (5), `an industrial'-- 11
omit, insert-- 12
`a relevant'. 13
(2) Section 15(10)-- 14
insert-- 15
`relevant instrument means any of the following-- 16
(a) an industrial instrument; 17
(b) a federal award made or varied after 1 September 2005; 18
(c) a federal agreement made, varied or approved after 1 19
September 2005, other than a federal agreement if the 20
application to certify the agreement was made on or 21
before 1 September 2005.'. 22
(3) Section 15(10), definition ordinary working hours, 23
`industrial'-- 24
omit. 25
Clause 11 Amendment of s 69 (Continuity of service--transfer of 26
calling) 27
Section 69-- 28
1 Jury Act 1995, section 27 (Summons for jury service)
2 Jury Act 1995, section 38 (Supplementary jurors)
s 12 12 s 12
Industrial Relations Amendment Bill 2005
insert-- 1
`(4A) In relation to the transfer, the transferred employee is not an 2
employee to whom chapter 3, part 4, division 1AA applies, 3
unless an instrument mentioned in section 85A(1) provides 4
otherwise.'. 5
Clause 12 Insertion of new ch 2, pt 7 6
Chapter 2-- 7
insert-- 8
`Part 7 Minimum period of notice by 9
particular employees 10
`71A Minimum period of notice required from employee 11
under particular instrument, federal award or federal 12
agreement 13
`(1) This section applies to an employee under any of the 14
following instruments, unless the instrument provides 15
otherwise-- 16
(a) an industrial instrument made after 1 September 2005, 17
other than a certified agreement if the application to 18
certify the agreement was made on or before 1 19
September 2005; 20
(b) a federal award made or varied after 1 September 2005; 21
(c) a federal agreement made, varied or approved after 1 22
September 2005, other than a federal agreement if the 23
application to certify the agreement was made on or 24
before 1 September 2005. 25
`(2) The minimum period of notice an employee must give to an 26
employer is 1 week. 27
`(3) If an employee does not give at least the minimum period of 28
notice required under subsection (2), the employer may 29
deduct from the employee's wages an amount that is not more 30
than the wages, at the ordinary rate, that would have been 31
payable to the employee for the period for which notice was 32
not given.'. 33
s 13 13 s 14
Industrial Relations Amendment Bill 2005
Clause 13 Amendment of s 84 (Minimum period of notice required) 1
Section 84, heading, after `required'-- 2
insert-- 3
`from employers'. 4
Clause 14 Insertion of new ch 3, pt 4, div 1AA 5
Chapter 3, part 4, before division 1-- 6
insert-- 7
`Division 1AA Redundancy payments 8
`85A Application of div 1AA 9
`(1) This division applies to an employee (a prescribed employee) 10
under any of the following instruments, unless the instrument 11
provides otherwise-- 12
(a) an industrial instrument made after 1 September 2005, 13
other than a certified agreement if the application to 14
certify the agreement was made on or before 1 15
September 2005; 16
(b) a federal award made or varied after 1 September 2005; 17
(c) a federal agreement made, varied or approved after 1 18
September 2005, other than a federal agreement if the 19
application to certify the agreement was made on or 20
before 1 September 2005. 21
`(2) However, this division does not apply to a prescribed 22
employee if all employees of the prescribed employee's 23
employer work a total of less than 550 hours a week (Monday 24
to Sunday) excluding overtime, averaged over the previous 12 25
months. 26
`(3) In this section-- 27
employer, if the employer is a body corporate, includes each 28
body corporate that is a related body corporate to the 29
employer. 30
s 15 14 s 15
Industrial Relations Amendment Bill 2005
related body corporate, of an employer that is a body 1
corporate, means a body corporate that is related to the 2
employer because of the Corporations Act, section 50.3 3
`85B Minimum redundancy payment 4
`If an employee is made redundant, the employee is entitled to 5
be paid an amount (a redundancy payment) that is at least 6
equal to the employee's weeks pay multiplied by the number 7
of weeks for the employee's years of service, as set out in 8
schedule 3. 9
`85C Employer may apply for relief 10
`The employer of an employee who is made redundant may 11
apply to the commission for relief from the obligation to make 12
the redundancy payment if-- 13
(a) the employer has contributed to a fund that will provide 14
a benefit to the employee if the employee is made 15
redundant; or 16
(b) the employer is unable to pay the redundancy payment.'. 17
Clause 15 Amendment of s 160 (When an agreement passes the 18
no-disadvantage test) 19
Section 160(6), definition entitlements or protections, 20
paragraph (b), `bench.'-- 21
3 Corporations Act, section 9--
related body corporate, in relation to a body corporate, means a body corporate that
is related to the first-mentioned body by virtue of section 50.
Corporations Act, section 50--
50 Related bodies corporate
Where a body corporate is:
(a) a holding company of another body corporate; or
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate;
the first-mentioned body and the other body are related to each other.
s 16 15 s 18
Industrial Relations Amendment Bill 2005
omit, insert-- 1
`bench, or chapter 3, part 4, division 1AA.4'. 2
Clause 16 Amendment of s 209 (When does a QWA pass the 3
no-disadvantage test) 4
Section 209(5), definition entitlements or protections, 5
paragraph (c)-- 6
omit, insert-- 7
`(c) chapter 2, including as reviewed by a general ruling of 8
the full bench, or chapter 3, part 4, division 1AA.5'. 9
Clause 17 Amendment of s 273 (Commission's functions) 10
Section 273(1)(j)(i), after `section'-- 11
insert-- 12
`85C,'. 13
Clause 18 Insertion of new sch 3 14
After schedule 2-- 15
insert-- 16
`Schedule 3 Minimum redundancy payment 17
section 85B 18
Years of service Number of weeks
Less than 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 weeks
1 year but not more than 2 years . . . . . . . . . . . . . . . . 4 weeks
More than 2 years but not more than 3 years. . . . . . . 6 weeks
4 Chapter 2 (General employment conditions) and chapter 3 (Dismissals), part 4
(Additional requirements for dismissal), division 1AA (Redundancy payments)
5 Chapter 2 (General employment conditions) and chapter 3 (Dismissals), part 4
(Additional requirements for dismissal), division 1AA (Redundancy payments)
s 19 16 s 19
Industrial Relations Amendment Bill 2005
Years of service Number of weeks
More than 3 years but not more than 4 years. . . . . . . 7 weeks
More than 4 years but not more than 5 years. . . . . . . 8 weeks
More than 5 years but not more than 6 years. . . . . . . 9 weeks
More than 6 years but not more than 7 years. . . . . . . 10 weeks
More than 7 years but not more than 8 years. . . . . . . 11 weeks
More than 8 years but not more than 9 years. . . . . . . 12 weeks
More than 9 years but not more than 10 years. . . . . . 13 weeks
More than 10 years but not more than 11 years. . . . . 14 weeks
More than 11 years but not more than 12 years. . . . . 15 weeks
More than 12 years . . . . . . . . . . . . . . . . . . . . . . . . . . 16 weeks.'.
Clause 19 Amendment of sch 5 (Dictionary) 1
(1) Schedule 5, definitions Commonwealth award and ordinary 2
rate-- 3
omit. 4
(2) Schedule 5-- 5
insert-- 6
`federal agreement means an Australian workplace 7
agreement, or a certified agreement, within the meaning of the 8
Commonwealth Act. 9
federal award means an award within the meaning of the 10
Commonwealth Act. 11
ordinary rate, for an employee under an industrial instrument, 12
federal award or federal agreement, means the rate the 13
instrument, award or agreement states is payable for ordinary 14
time. 15
redundancy payment see section 85B. 16
weeks pay means the ordinary rate for the relevant employee 17
for a week, but does not include overtime, penalty rates, 18
disability allowances, shift allowances, special rates, fares and 19
travelling time allowances, bonuses and other ancillary 20
payments.'. 21
© State of Queensland 2005
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