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Industrial Relations Amendment Bill 2009
Industrial Relations Amendment Bill 2009
Explanatory Notes
General Outline
The Bill amends the Industrial Relations Act 1999.
The primary purpose of the Bill is to clarify the roles of the president and
the vice president of the Queensland Industrial Relations Commission to
remove ongoing confusion about their respective roles and responsibilities
with regard to the administration of the Commission. The Bill will also
ensure that the head of the State tribunal has the authority to deal with
matters of inter-jurisdictional cooperation and make arrangements about
the utilisation of State tribunals with the head of the Commonwealth
industrial relations tribunal.
Short Title
The short title of the Bill is the Industrial Relations Amendment Bill 2009.
Policy Objectives of the Legislation
The policy objectives of the Bill are to:
(1) remove any impediments to the Queensland Industrial Relations
Commission's (QIRC) ability to cooperate with the Australian Industrial
Relations Commission (AIRC) and Fair Work Australia (FWA); and
(2) strengthen the administration of the QIRC by removing some ongoing
confusion associated with the president and vice president having various
administrative responsibilities; and
(3) ensure that the status and seniority of the president's position is
appropriately acknowledged and the QIRC aligned with the administrative
structure of industrial tribunals in most other jurisdictions; and
(4) clarify the role of the president and vice president within the
commission without interfering with the independence of the QIRC, or
changing the nature of the QIRC's powers or fettering their use; and
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Industrial Relations Amendment Bill 2009
(5) insert a number of minor amendments to clarify the intention of
provisions and correct drafting anomalies.
Reasons for the Legislation
The Industrial Relations Act 1999 (IR Act) vests administrative
responsibility for the QIRC in the vice president, including allocating work
to commissioners, administering the commission and registry and
generally ensuring the orderly and expeditious exercise of the QIRC's
jurisdiction and powers. However, the IR Act establishes the president as
the formal head of the QIRC. The president is responsible for the dual
appointment of commissioners to hear joint state/federal matters and is also
responsible for the approving of forms, tribunal rules and practices. This
division of responsibility has created some difficulties with respect to the
two roles and functions. For example, the president attends regular heads of
tribunal meetings (involving State and Commonwealth tribunal heads),
where a significant amount of the agenda is devoted to matters relating to
the administration of commissions. The Queensland president has not been
able to fully participate in these discussions because he does not have
administrative responsibility for the QIRC.
This is not consistent with the role of the president of the AIRC or the
president of the tribunal arm of FWA. The amendments align the roles of
the president in the federal and Queensland industrial tribunals. This will
facilitate the utilisation of the State tribunal in the new national industrial
relations system.
The Fair Work Act 2009 (FW Act) was passed by the Federal Senate on 20
March 2009 and is the basis for a new federal industrial relations system
commencing on 1 July 2009. The FW Act continues the current situation
whereby the president of the federal industrial relations tribunal may
discuss matters of inter-jurisdictional cooperation only with the heads of
State industrial tribunals.
FWA is one of the key institutions created by the FW Act and it will replace
the AIRC and other institutions. All current members of the AIRC will be
reappointed to FWA. QIRC members could be utilised in the federal
system by making greater use of the current system whereby they hold dual
appointments to both the State commissions and the AIRC. The
Commonwealth government has undertaken to discuss the utilisation of
State institutions with the States over the ensuing months.
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Industrial Relations Amendment Bill 2009
Achieving the Objectives
The Bill will eliminate the problem in relation to inter-jurisdictional
cooperation and arrangements by transferring the relevant responsibilities
of the vice president to the president and ensuring that the president has
direct responsibility for the Industrial Court, QIRC and the Industrial
Registry performing in a manner that is efficient and serves the needs of
employers and employees. It will also align the administrative structure of
the QIRC with that of most other jurisdictions but without interfering with
the independence of the QIRC, or changing the nature of the QIRC's
powers or fettering their use.
Cost for Government Implementation
There will be no increase in costs for government arising from this
legislation.
Fundamental Legislative Principles
The Bill has been drafted in accordance with the fundamental legislative
principles prescribed by the Legislative Standards Act 1992.
Consultation
There has been consultation with key stakeholders in the preparation of the
Bill.
Notes On Clauses
Short title
Clause 1 sets out the short title of the Act as the Industrial Relations
Amendment Act 2009.
Act amended
Clause 2 provides that the Bill amends the Industrial Relations Act 1999.
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Industrial Relations Amendment Bill 2009
Amendment of s 75 (Conciliation before application heard)
Clause 3 amends section 75 by deleting `vice president' and inserting
`president' in subsection (6) to reflect the new administrative arrangements
for the QIRC. It provides that the president rather than the vice president
may delegate the functions under the section.
Amendment of s 160 (When an agreement passes the
no-disadvantage test)
Clause 4 amends section 160 by deleting `vice president' and inserting
`president' in subsection (5) to reflect the new administrative arrangements
for the QIRC. It provides that the president rather than the vice president
may, if he/she considers exceptional circumstances exist, require the
registrar to give the commission a report comparing the agreement with the
employee's entitlements or protections.
Amendment of s 209 (When does a QWA pass the
no-disadvantage test)
Clause 5 amends section 209 by deleting `vice president' and inserting
`president' in subsection (4) to reflect the new administrative arrangements
for the QIRC.
Insertion of new section 246A (Functions of president)
Clause 6 inserts a new section 246A about the responsibility of the
president for the court, commission and registry performing their functions
in a manner that is efficient and adequately serves the needs of employees
and employers.
Amendment of s 264 (Administrative responsibilities for the
commission and registry)
Clause 7 amends section 264 by deleting `vice president ' and inserting
`president' in subsections (1), (2), (3), (6) and (7)(b). The changes transfer
the responsibilities for the administration of the commission and registry
from the vice president to the president.
Subsection (4) is deleted and new subsections (4) and (4A) inserted which
provide that the president is to be assisted by the vice president in
performing the responsibilities under subsections (1) and (2) and may
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Industrial Relations Amendment Bill 2009
delegate a power under subsection (3) to the vice president or, if the vice
president is not available, to a deputy president.
Subsection (5) is also replaced by a new subsection (5) which provides that
a commissioner must comply with a direction of the president, vice
president or deputy president given for the performance of responsibilities
under subsections (1) or (2).
These amendments reflect the new administrative arrangements for the
QIRC.
Amendment of s 269 (President to consider efficiencies that
may be achieved by using dual commissioners)
Clause 8 amends the heading of the section and the section by deleting
`vice president' and inserting `president' to reflect the new administrative
arrangements for the QIRC.
Amendment of s 270 (Reallocation of commission's work)
Clause 9 amends the section by deleting `vice president' and inserting
`president' to reflect the new administrative arrangements for the QIRC.
Amendment of s 299 (Functions and powers of registrar)
Clause 10 amends section 299 (3) to make the registrar responsible to the
president only in the performance of a function or power and reflects the
new administrative arrangements for the QIRC.
Delete s 708(1A) (Approved forms)
Clause 11 deletes section 708(1A) to reflect the new administrative
arrangements for the QIRC.
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Industrial Relations Amendment Bill 2009
Insertion of new ch 20 pt 8
Part 8 Transitional provision for
Industrial Relations Amendment
Act 2009
Section 756 (Delegations by vice president)
Clause 12 inserts a new part after section 755. The new section 756 ensures
that any delegation made by the vice president before the commencement
of the amendment Act is continued in force as if it were made by the
president after the commencement.
Amendment of Schedule 2 (Appointments)
Clause 13 amends section 4(3)(c) by making the president responsible for
the approval of leave taken under section 15 of the Judges (Pensions and
Long Leave) Act 1957 (JPLL Act) by a deputy president or commissioner
and also amends section 4A(2) by making the president responsible for the
approval of leave, other than leave under section 15 of the JPLL Act, taken
by a deputy president or commissioner.
Schedule Minor amendments
section 2
Clauses in Bill Explanation
1 Chapter 2, part 3, division 1, Clause 1, amends a heading in
heading, `pt' -- accordance with current
omit, insert-- legislative drafting practice.
`part'.
2 Sections 50(1)(a) and 137(1)(a), Clause 2, makes a minor
`; or'-- correction.
omit, insert--
`;'.
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Industrial Relations Amendment Bill 2009
3 Section 71(9), `subsections'-- Clause 3, makes a minor
omit, insert-- correction.
`subsection'.
4 Section 72(2)(b), `subsection'-- Clause 4, makes a minor
omit, insert-- correction.
`subsections'.
5 Section 73(2)(f)(ii), after `the'--Clause 5, makes a minor
insert-- correction because the Health
`repealed'. Rights Commission Act 1991 has
been repealed.
6 Section 75(3)(b), before Clause 6, makes a minor
`inform'-- correction.
insert--
`must'.
7 Section 115(2)(b)(i), after Clause 7, makes a minor
`because'-- correction.
insert--
`of'.
8 Section 143(2)(a), `and'-- Clause 8, makes a minor
omit. correction.
9 Section 203(2)(b), before `the'-- Clause 9, makes a minor
insert-- correction.
`give'.
10 Section 273(3)-- Clause 10, makes a minor
omit. correction by removing a
definition.
11 Section 403(1)(b)(ii), before Clause 11, makes a minor
`has'-- correction.
insert--
`the mortgagee'.
12 Section 518(4)(a), after Clause 12, makes a minor
`extension'-- correction.
insert--
`is made'.
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Industrial Relations Amendment Bill 2009
13 Section 534(b), `, the person' Clause 13, makes a minor
-- correction.
omit.
14 Section 606(2)(b), before Clause 14, makes a minor
`an'-- correction.
insert--
`of'.
15 Section 607(1), `a person'-- Clause 15, makes a minor
omit. correction.
16 Section 607(1)(a), before Clause 16, makes a minor
`was'-- correction.
insert--
`a person'.
17 Section 641(3)(a), after Clause 17, makes a minor
`amendments'-- correction.
insert--
`of'.
18 Section 670(1)(b)(ii), second Clause 18, makes a minor
mention-- correction.
renumber as section 670(1)(b)(iii).
19 Schedule 5, definition audit Clause 19, makes a minor
report-- correction.
omit, insert--
`audit report, for chapter 12, see
section 558(1)(b).'.
20 Schedule 5, definitions Clause 20, makes a correction to
employee and employer, accord with current legislative
`means'-- drafting practice.
omit.
21 Schedule 5, definition Clause 21, makes a correction to
industrial action, `means'-- accord with current legislative
omit. drafting practice.
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Industrial Relations Amendment Bill 2009
22 Schedule 5, definition Clause 22, makes a correction to
industrial action, paragraph (a), accord with current legislative
before `a'-- drafting practice.
insert--
`means'.
23 Schedule 5, definition Clause 23, makes a minor
industrial relations commission-- correction.
omit, insert--
`industrial relations commission
means the Queensland Industrial
Relations Commission established
under section 255.'
24 Schedule 5-- Clause 24, makes a minor
insert-- correction by inserting a
`insert-- definition for `registry'.
`registry see section 294.'.
© State of Queensland 2009
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