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1
Industrial Relations Amendment Bill 2002
INDUSTRIAL RELATIONS AMENDMENT
BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
This Bill will amend the Industrial Relations Act 1999 to:
(a) introduce revised arrangements for the management and
administration of the Queensland Industrial Relations
Commission (QIRC) including deleting reference to the
commissioner administrator, allowing for the appointment of two
deputy presidents and placing the responsibility for the
administration of the commission and the orderly and
expeditious exercise of the commission's jurisdiction and powers
with the vice president;
(b) specify that the vice president may establish panels for particular
industries;
(c) specify that members of the commission are to comply with
directions of the vice president:
(d) specify that a full bench of the commission is to be constituted by
at least three commissioners, including a presidential member;
and
(e) clarify the authority to approve leave of absence for members of
the commission.
Reasons for the Bill
The primary reason for the Bill is to improve the operations of the
Queensland Industrial Relations Commission.
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Industrial Relations Amendment Bill 2002
How objectives will be achieved
The objectives of the Bill will be achieved by--
(f) establishing the composition of the commission as including two
deputy presidents;
(g) deleting the position of commissioner administrator;
(h) providing that a full bench of the commission will consist of
three members of the commission including a presidential
member;
(i) placing the administrative responsibilities for the commission
and the registry with the vice president and providing that the
vice president is to be assisted by deputy presidents in the orderly
and expeditious discharge of the commission's jurisdiction and
powers;
(j) specifying that members of the commission are to comply with
the directions of the vice president;
(k) specifying the arrangements for the approval of leave of absence
for members of the commission;
Administrative cost to Government
The appointment of the two deputy presidents will be from the existing
members of the commission. The additional cost of creating these two
positions will be marginal.
Fundamental legislative principles
The Bill is consistent with Fundamental Legislative Principles.
Consultation
There has been extensive consultation with unions following the report
of the Review of Enterprise Bargaining in the Queensland Public Sector in
September 2002. Unions have agreed that there would be some benefit
from clarifying the management and administration of the commission,
including the capacity to establish panels for particular industries.
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Industrial Relations Amendment Bill 2002
NOTES ON CLAUSES
Short Title
Clause 1 sets out the short title of the Bill.
Commencement
Clause 2 provides for the commencement of the Bill. The provisions of
the Bill commence on a day to be fixed by proclamation.
Act amended
Clause 3 provides that the Bill amends the Industrial Relations Act 1999.
Amendment of s 256 (Composition)
Clause 4 amends section 256 to provide for the membership of the
commission to be the president, the vice president, two deputy presidents
and at least 5 other industrial commissioners. The reference to the
commissioner administrator is deleted. Sub-section (2) is amended to
provide that a full bench of the commission is constituted by at least three
members of the commission, including a presidential member (either the
president, vice president or a deputy president).
Insertion of new s 258A (Deputy presidents of the commission)
Clause 5 inserts a new section 258A to provide for the appointment of
deputy presidents of the commission and to detail the requirements for
appointment. Those requirements are similar to the requirements for the
appointment of commissioners. The amendment is necessary to give effect
to the revised composition of the commission as set out in clause 4.
Amendment of section 264 (Administrative responsibilities for the
commission and registry)
Clause 6 replaces any reference to the commissioner administrator with
references to the vice president.
Sub-clause (2) of clause 6 specifies that the vice president is to be
assisted by the deputy presidents in performing the vice president's
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Industrial Relations Amendment Bill 2002
functions, and that the vice president may delegate any or all of the vice
president's functions to a deputy president. This is to give effect to the role
of deputy presidents in assisting the vice president in the orderly and quick
discharge of the business of the commission. This sub-clause also specifies
that a commissioner must comply with a direction of the vice president or a
deputy president given for the performance of the vice president's
responsibilities.
Sub-clause (2) further provides that the vice president must assign an
industry or group of industries to a panel of members of the commission. It
also provides that the vice president can direct that a member of the
commission, other than a member of a particular panel, deal with a matter.
Insertion of a new Chapter 20 Other Transitional Provisions
Clause 7 inserts a new chapter 20 into the Industrial Relations Act 1999
which provides transitional provisions for the Industrial Relations
Amendment Act 2002. The transitional provisions ensure that the person
appointed as commissioner administrator immediately before the
commencement of the amendment Act continues to be a commissioner
after the commencement.
Amendment of Schedule 2, Part 1, Section 4 (Leave of absence)
Clause 8 inserts new subsections into section 4 of Schedule 2
(Appointments and Procedures) clarifying who approves leave and
provides that the Minister is responsible for approving leave for the
president and vice president, with the vice president responsible for
approving leave for deputy presidents and commissioners.
Amendment of Schedule 5 (Dictionary)
Clause 9 inserts new definitions for `deputy president' and `presidential
member' into the dictionary.
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Industrial Relations Amendment Bill 2002
SCHEDULE
CONSEQUENTIAL AMENDMENTS
INDUSTRIAL RELATIONS ACT 1999
Clause 1 deletes reference to the `commissioner administrator' wherever
it appears in the Act, and replaces it with `vice president'. The deletion of
reference to the commissioner administrator is to give effect to the revised
composition of the commission and the revised arrangements for the
administration of the commission.
Clause 2 deletes any reference to the commissioner administrator in
section 259.
Clause 3 amends section 261(1) by deleting references to the
commissioner administrator and inserting reference to deputy presidents in
order to give effect to the revised composition of the commission.
Clause 4 amends section 261(2) by deleting references to the
commissioner administrator and inserting reference to deputy presidents in
order to give effect to the revised composition of the commission.
Clause 5 amends section 281(2) by deleting reference to the
commissioner administrator and inserting reference to deputy presidents in
order to give effect to the revised composition of the commission.
Clause 6 amends the heading of Schedule 2 (Appointments and
Procedures) to delete reference to the commissioner administrator and
insert reference to deputy presidents.
Clause 7 deletes reference to the commissioner administrator where it
appears in section 1(3) of Schedule 2 (Appointments and Procedures), and
replaces it with vice president. The deletion of references to the
commissioner administrator is to give effect to the revised composition of
the commission and the revised arrangements for the administration of the
commission.
Clause 8 deletes reference to the commissioner administrator where it
appears in section 1(4) of Schedule 2 (Appointments and Procedures), and
replaces it with vice president. The deletion of references to the
commissioner administrator is to give effect to the revised composition of
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Industrial Relations Amendment Bill 2002
the commission and the revised arrangements for the administration of the
commission.
Clause 9 deletes the definition of commissioner administrator in
Schedule 5 (Dictionary).
Clause 10 amends the definition of members of the commission in
Schedule 5 (Dictionary) to remove reference to commissioner
administrator and include reference deputy president.
JUDGES (SALARIES AND ALLOWANCES) ACT 1967
Clause 1 replaces reference to the commissioner administrator with
reference to a deputy president where it appears in section 3A of the Judges
(Salaries and Allowances) Act 1967.
© State of Queensland 2002