INDUSTRIAL RELATIONS ACT 1999

Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

INDUSTRIAL RELATIONS ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Principal object of this Act
4. Definitions
5. Who is an employee
6. Who is an employer
7. What is an industrial matter
8. Provisions about appointments and procedures

CHAPTER 2--GENERAL EMPLOYMENT CONDITIONS

Part 1--General

Division 1AA--Minimum wage

8A. Minimum wage

Division 1AB--Development of skills of employees

8B. Wage structuring to develop employee skills

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

Division 1--Working time

9. Working time for an employee under an industrial instrument made on or before 1 September 2005 etc.
9A. Working time for an employee under an industrial instrument made after 1 September 2005 etc.

Division 2--Sick leave

10. Entitlement

Division 3--Annual leave

11. Entitlement
12. Taking annual leave
13. Payment for annual leave
13A. Annual leave loading
14. Payment for annual leave on termination of employment

Division 3A--Jury service leave

14A. Jury service leave

Division 4--Public holidays

15. Public holidays

Part 2--Family leave

Division 1--Preliminary

15A. Who is a long term casual employee for pt 2

Division 2--Parental leave

16. Who this division does not apply to
17. Definitions for pt 2
18. Entitlement
19. Notices and documents—maternity leave
20. Notices and documents—parental leave other than maternity or adoption leave
21. Notices and documents—adoption leave
22. Reasons not to give notice or documents
23. Notice of change to situation
24. Continuity of service
25. Spouses not to take parental leave at same time
26. Cancelling parental leave
27. Parental leave with other leave
28. Interruption of parental leave by return to work
29. Extending period of parental leave by notice
29A. Extending period of parental leave by agreement
29B. Employee on parental leave may apply to work part-time
29C. Application for extension or part-time work
29D. Employer to give proper consideration to application for extension or part-time work
30. Shortening period of parental leave
31. Effect on parental leave of ceasing to be the primary caregiver
32. Return to work after parental leave etc.
33. Employer's obligation to advise about parental leave entitlements
34. Dismissal because of pregnancy or parental leave
35. Replacement employees
36. Transfer to a safe job
37. Special maternity leave and sick leave
38. Special adoption leave
38A. Employer's obligation to advise about significant change at the workplace
38B. Employee's obligations to advise employer about particular changes
38C. Review of ss 29A-29D

Division 3--Carer's leave

39. Employee's entitlement to carer's leave
39A. Long term casual employee's entitlement to carer's leave
39B. Short term casual employee's entitlement to carer's leave
39C. Employees etc. to provide supporting information to employer

Division 4--Bereavement leave

40. Entitlement

Division 4A--Cultural leave

40A. Entitlement

Division 5--Part overrides less favourable conditions

41. This part overrides less favourable conditions

Part 3--Long service leave

Division 1--Definitions for part 3

42. Definitions for pt 3

Division 1A--Relationship between parts 3 and 6

42A. Application of pt 6 for particular purposes

Division 2--Employees generally

43. Entitlement
44. Working out continuity of service for service before 23 June 1990
45. Taking long service leave
46. Payment for long service leave

Division 3--Casual or regular part-time employees

47. Continuity of service—additional considerations for casual employees
48. Taking long service leave—alternative provision for casual or regular part-time employees
49. Payment for long service leave

Division 4--Seasonal employees

50. Entitlement—employees in sugar industry and meat works
51. Taking long service leave—employees in sugar industry and meat works
52. Other seasonal employees

Division 5--Miscellaneous

53. Payment instead of long service leave
54. Payment instead of long service leave on death
55. Continuity not broken by service in Reserve Forces
56. Recognition of certain exemptions
57. Person may be employer and employee

Part 4--Review

58. Review of general employment conditions

Part 5--Equal remuneration for work of equal or comparable value

59. Definition for pt 5
60. Orders requiring equal remuneration
61. Orders only on application
62. When commission must and may only make order
63. Immediate or progressive introduction of equal remuneration
64. Employer not to reduce remuneration
65. Part does not limit other rights
66. Applications under this part

Part 6--Continuity of service and employment

67. Definition for pt 6
68. How part applies
69. Continuity of service—transfer of calling
70. Continuity of service—apprentices or trainees
71. Continuity of service—generally

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

CHAPTER 3--DISMISSALS

Part 1--Exclusions

72. Who this chapter does not apply to

Part 2--Unfair dismissals

73. When is a dismissal unfair
74. Application for reinstatement
75. Conciliation before application heard
76. Arbitration when conciliation unsuccessful
77. Matters to be considered in deciding an application
78. Remedies—reinstatement or re-employment
79. Remedies—compensation
80. Sanctions for unfair dismissal—invalid reason
81. Further orders if employer fails to reinstate
82. Effect of order on leave

Part 3--Requirements for dismissal

83. What employer must do to dismiss employee
84. Minimum period of notice required from employers
85. Minimum amount of compensation required

Part 4--Additional requirements for dismissal

Division 1AA--Redundancy payments

85A. Application of div 1AA
85B. Minimum redundancy payment
85C. Employer may apply for relief

Division 1--Orders giving effect to article 12 of Termination of Employment Convention

86. When this division applies
87. Orders about severance allowance and other separation benefits
88. Time for making application under this division

Division 2--Order giving effect to article 13 of Termination of Employment Convention

89. When this division applies
90. Employer must give notice of proposed dismissals
90A. Employer must consult with employee organisations about dismissals
90B. Time for making application under this division

Part 6--Stand-down of employees

97. Employee stood down in December then re-employed in January
98. Permissible stand-down of employee
99. Chapter does not limit other rights
100. Inconsistent instruments and orders

CHAPTER 4--FREEDOM OF ASSOCIATION

Part 1--Preliminary

101. Main purposes of ch 4
102. Definitions for ch 4
103. Meaning of industrial action for ch 4
104. Meaning of engaging in conduct for a prohibited reason for ch 4

Part 2--Prohibited conduct

105. Prohibited conduct for employers and principals
106. Prohibited conduct for employees and independent contractors
107. Prohibited conduct for industrial associations
108. Certain actions by representative not prohibited conduct
108A. Action under full bench order not prohibited conduct
109. Provision requiring or permitting prohibited conduct
110. Encouragement provisions permitted

Part 3--Exemption from membership

111. Who may apply for exemption
112. Procedure for hearing
113. Deciding application
114. How payment must be applied
115. Exemption certificate
116. Expiry of exemption certificate

Part 4--Civil remedies

117. Who may apply
118. Conciliation required before hearing
119. Right to be heard
120. Remedies
121. Payment of penalty
122. Evidence of prohibited conduct
122A. Proof of the reason for, or the intention of, conduct not required

CHAPTER 5--AWARDS

Part 1--Form and application

123. Form, effect and term of award
124. Persons bound by award

Part 2--Commission's powers

125. Making, amending and repealing awards
126. Content of awards
127. Dispute resolution procedures in each award
128. Awards that fix wage rates
129. Flow-on of certified agreements
130. Review of awards
131. Review of industrial instruments referred by the

Part 3--Exemptions

132. Exemptions

Part 4--General

133. Enforceability of awards
134. Effect of appeals on awards
135. Inconsistency between awards and contracts

Part 5--Wages and employment conditions for apprentices and trainees

136. Apprentice's and trainee's employment conditions
137. Order setting minimum wages and conditions
138. Order setting tool allowance
138A. Termination of employment during probationary period
138B. Wages payable to former apprentices or trainees
139. Termination of employment before apprenticeship or
139A. Reinstatement to previous position

Part 6--Labour market programs

140. Orders for wages and employment conditions

Part 7--Vocational placement

140A. Vocational placement

CHAPTER 6--AGREEMENTS

Part 1--Certified agreements

Division 1--Making agreements

141. Certified agreements
142. Who may make certified agreements
143. Proposed parties to be advised when agreement is proposed
144. What is to be done when an agreement is proposed
145. Negotiations for project agreements
146. Negotiations must be in good faith
147. Peace obligation period to assist negotiations
148. Assistance in negotiating by conciliation
149. Arbitration if conciliation unsuccessful
150. Determinations made under s 149
151. Steps to be repeated if proposed agreement is amended
152. Certificate as to requested representation

Division 2--Certifying agreements

153. Applying for certification
154. Notice of hearing
155. Right of employee organisation to be heard
156. Certifying an agreement
157. When commission to refuse to certify an agreement
158. Other options open to commission instead of refusing to certify agreement
159. Procedures for preventing and settling disputes

Division 3--No-disadvantage test

160. When an agreement passes the no-disadvantage test
161. Special case—employee eligible for supported wage system
162. Special case—employee undertaking approved apprenticeship or traineeship
163. Deciding designated awards

Division 4--Effect of certified agreements

164. When a certified agreement is in operation
165. Certified agreement's effect on awards, agreements or orders
166. Persons bound
167. Successor employers bound

Division 5--Extending, amending or terminating certified agreements

168. Extending a certified agreement
169. Amending a certified agreement
170. Amendment if discrimination between unionists and non-unionists
171. Other options open to commission instead of refusing to approve amendment of agreement
172. Terminating certified agreement on or before its nominal expiry date
173. Terminating agreement after its nominal expiry date

Division 6--Industrial action

174. Protected industrial action
175. Notice of industrial action to be given
176. Secret ballot about taking industrial action
177. Industrial action must be properly authorised
179. Employer not to dismiss employee for engaging in protected industrial action
180. Remedies if employee dismissed etc. for engaging in protected industrial action
181. When industrial action must not be taken

Division 7--Penalty provisions

182. Penalty provisions
183. Penalties for contravening penalty provisions

Division 8--General

184. Secret ballot on valid majority
185. Coercion of persons to make, amend or terminate certified agreements etc.

Part 2--Queensland workplace agreements

Division 1--Preliminary

187. Definitions for pt 2
188. Proposed QWAs and ancillary documents—interpretation
189. Functions and powers of commission

Division 2--General rules about QWAs and ancillary documents

190. QWAs and ancillary documents only have effect as provided by this part
191. Collective QWAs

Division 3--Making, amending or terminating a QWA

192. Employer and employee may make a QWA
193. Matters to be included in QWA
194. Nominal expiry date of QWA
195. Period of operation of QWA
196. Bargaining agents
197. Amending a QWA
198. Terminating a QWA

Division 4--Filing QWAs and ancillary documents

199. Filing QWAs and ancillary documents
200. Filing requirements
201. Employer's declaration must be accurate

Division 5--Approving QWAs and ancillary documents

202. Additional approval requirements for QWA and ancillary documents
203. Approving QWA
204. Approving amendment agreement
205. Approving other ancillary documents
206. Commission must issue approval or refusal notice
207. Undertakings taken to be included in QWAs
208. Commission to issue copies of approved QWAs and ancillary documents

Division 6--No-disadvantage test

209. When does a QWA pass the no-disadvantage test
210. Special case—employee eligible for supported wage system
211. Special case—employee undertaking approved apprenticeship or traineeship
212. Deciding designated awards

Division 7--Effect of QWAs

213. QWA's effect on awards, certified agreements or orders
214. Successor employers bound
215. Parties must not contravene QWA
216. Conciliation for agreements
217. Industrial action by party to QWA

Division 8--Penalty provisions and remedies

218. Penalties for contravening this part
219. Damages for contravention of QWA
220. Compensation to new employee for shortfall in entitlements
221. Injunctions

Division 9--General

222. Hindering QWA negotiations
223. Persons must not apply duress or make false statements in connection with QWA etc.
224. Employer must give copy of documents to employee
225. Intervention not permitted
226. Reports and advice about development in making QWAs
227. Evidence
228. Signature for corporation

CHAPTER 7--INDUSTRIAL DISPUTES

Part 1--Notice of industrial dispute

229. Notice of industrial dispute

Part 2--Action for settling industrial disputes

230. Action on industrial dispute
231. Mediation by commission
232. Compulsory conference
233. Enforcing commission's orders
234. Remedies on show cause notice

Part 3--Ballots

235. Secret ballot on strike action
236. Effect of ballot adverse to strike

Part 4--Industrial action

237. Indemnity against agent's unauthorised actions
238. Payments for strikes can not be compelled
239. Orders the commission may make
240. Commission not to deal with claims for payments for strikes
241. Right to refuse to work if imminent health or safety risk

CHAPTER 8--INDUSTRIAL TRIBUNALS AND REGISTRY

Part 1--Industrial Court

Division 1--Industrial Court of Queensland

242. Continuance
242A. Official seal
242B. Finances of court

Division 2--President

243. President of the court
244. When a Supreme Court judge is appointed as president
245. When president holds office
246. Acting president of the court
246A. Functions of president

Division 3--Jurisdiction and powers of the court

247. Constitution of court
248. Court's jurisdiction
249. Court's interpretation
250. Court may refuse to proceed
251. Contempt of court

Division 4--President's annual report

252. President's annual report

Part 2--Industrial relations commission

Division 1--Continuance and composition

255. Continuance
255A. Official seal
255B. Finances of commission
256. Composition

Division 2--Membership of the commission

257. President of the commission
258. Vice president of the commission
258A. Deputy presidents of the commission
259. Commissioners
259A. Commissioner may be appointed ombudsman
260. When commissioner holds office
261. Acting vice president, deputy president or other commissioner
262. Restrictions on appointment
263. Removal of commissioners from office

Division 3--The commission

264. Administrative responsibilities for the commission and registry
265. Commission's jurisdiction
266. Commission to prevent discrimination in employment
267. Commission's jurisdiction is exclusive
268. Commission may refuse to proceed
269. President to consider efficiencies that may be achieved by using dual commissioners
270. Reallocation of commission's work
271. Commission may continue to hear reallocated work
272. Decision of full bench

Division 4--Commission's functions and powers

273. Commission's functions
273A. Commission may perform dispute resolution functions
274. General powers
274A. Power to make declarations
275. Power to declare persons to be employees or employers
276. Power to amend or void contracts
277. Power to grant injunctions
278. Power to recover unpaid wages and superannuation contribution etc.
279. Orders about representation rights of associations or employee organisations
280. Procedures for reopening
281. Reference to full bench
282. Case stated to court
283. Power to enter and inspect
284. Interpretation of industrial instruments
285. Conducting a secret ballot
286. Other powers
287. General rulings
288. Statement of policy

Part 3--Industrial magistrates

Division 1--Industrial Magistrates Court

289. Industrial Magistrates Court

Division 2--Industrial magistrates

290. Office of industrial magistrate

Division 3--Constitution and jurisdiction of Industrial Magistrates Court

291. Constitution of Industrial Magistrates Court
292. Magistrate's jurisdiction
293. Magistrates' jurisdiction is exclusive

Part 4--Industrial registry

Division 1--Industrial registry

294. Industrial registry
295. Functions of the registry
296. Seal of the registry

Division 2--Industrial registrar and staff

297. Appointment of registrar
298. Termination of appointment of registrar
299. Functions and powers of registrar
300. Deputy registrar
301. Delegation by registrar
302. Acting registrar
303. Staff
304. Officers of the court and commission

Division 3--QIRC website

304A. What is the QIRC website
304B. When matter is published on QIRC website

Part 5--Arrangements with other authorities

Division 1--Member may also be member of Australian commission

305. Member may hold other appointment

Division 2--Dual commissioners

306. Appointment of Commonwealth official as commissioner
307. Role of dual commissioner

Division 3--References to Commonwealth official

308. Reference of matter to Commonwealth official

Division 4--Conferences and joint sessions with industrial authorities

309. Conferences with industrial authorities
310. Joint sessions with industrial authorities
311. Similar matters before full bench and industrial authority
311A. Adoption of result of joint session
312. Member's powers in joint session
313. President may decide matter not to be dealt with in joint session

Division 5--Other functions etc. and arrangements

314. Functions and powers vested in commission by other jurisdictions
315. Arrangements with Commonwealth public service

Part 6--Proceedings of court, commission, magistrates and registrar

Division 1--Definitions

316. Definitions for pt 6

Division 2--Starting proceedings and service of process

317. Starting proceedings
318. Service of process

Division 3--Conduct of proceedings

319. Representation of parties
320. Basis of decisions of the commission and magistrates
321. Competence and compellability of witnesses
322. Intervention
323. Adjournment by registrar
324. State employee to give information

Division 4--Powers

325. Exercise of commission's powers
326. Interlocutory proceedings
327. Power to order inquiry or taking of evidence
328. Power to administer oath
329. Powers incidental to exercise of jurisdiction
330. Power to obtain data and expert evidence

Division 5--Decisions and enforcement

331. Decisions generally
332. Reserved decisions
333. Commission decisions to be in plain English
334. Extent of decisions and their execution
335. General power to award costs
336. Recovery of amounts under orders

Division 6--Protections and immunities

337. Protections and immunities

Division 7--Rules and practice

338. Rules
339. Directions about practice

CHAPTER 8A--QUEENSLAND WORKPLACE RIGHTS OFFICE

Part 1--Preliminary

339A. Definitions for ch 8A
339B. Purpose of ch 8A

Part 2--The Queensland workplace rights ombudsman

339C. Ombudsman
339D. Functions of ombudsman
339E. Ombudsman not subject to direction
339F. Powers of ombudsman
339G. Restrictions on ombudsman's functions

Part 3--Particular provisions about the ombudsman

339H. Appointment of ombudsman
339I. Eligibility for appointment
339J. Term of appointment
339K. Remuneration and conditions
339L. Acting ombudsman
339M. Resignation
339N. Vacating office
339O. Removal of ombudsman from office

Part 4--Preservation of rights

339P. Preservation of ombudsman's rights if a public service officer
339Q. Preservation of ombudsman's rights if ombudsman becomes public service officer
339R. Preservation of ombudsman's rights if not previously public service officer

Part 5--Establishment of QWRO

339S. Queensland Workplace Rights Office
339T. Function of QWRO
339U. Control of QWRO
339V. Officers of QWRO
339W. Officers not subject to direction
339X. Finances of QWRO

Part 6--Other matters

339Y. Delegation by ombudsman
339Z. Quarterly report
339ZA. Annual report
339ZB. Offence of subjecting person to any detriment

CHAPTER 9--APPEALS

Division 1--Appeals to Court of Appeal

340. Appeal from court or full bench

Division 2--Appeals to court

341. Appeal from commission, magistrate or registrar

Division 3--Appeals to full bench

342. Appeal from commission, magistrate or registrar

Division 4--Appeals to commission

343. Appeal from registrar
344. Appeal against stand-downs

Division 5--General

345. Definition for div 5
346. Time limited for appeal
347. Stay of decision appealed against
348. Nature of appeal
349. Finality of decisions

CHAPTER 10--ENFORCEMENT

Division 1--Appointment

350. Appointment of inspectors
351. Functions
352. Powers

Division 2--General powers

353. Entry to places
354. General powers after entering workplaces
355. Power to require documents to be produced
356. Power to require information
357. Power to require name and address

Division 3--Powers to claim and deal with unpaid amounts

358. Paying employee's wages etc. to inspector
359. Inspector's obligation for amounts paid on demand

Division 4--General

360. Obstructing inspectors
361. Impersonating inspectors
362. Validity of inspector's conduct despite administrative contravention

CHAPTER 11--RECORDS AND WAGES

Part 1--Employers records

Division 1--Definitions

363. Definitions for pt 1

Division 2--Authorised industrial officers

364. Authorising industrial officers
365. Revocation and suspending industrial officer's authorisation

Division 3--Employers to keep certain records

366. Time and wages record—industrial instrument employees
367. Time and wages record—non-industrial instrument employees
368. Employee register
369. Records to be kept in English
370. Notation of wages details

Division 4--Power to inspect certain records

371. Inspection of time and wages record—inspector
372. Right of entry—authorised industrial officer
373. Right to inspect and request information—authorised industrial officer
374. Inspection of employee register and index—registrar
375. Inspection of time and wages book—employees

Part 2--Wages and occupational superannuation

Division 1--Interpretation

376. Definitions for pt 2
377. References to service

Division 2--Protection for wages

378. Wages are first charge on amounts payable to employer
379. Assignment of amount payable ineffectual against claims for wages
380. Amounts paid or payable to employer to be applied in payment of wages
381. Attachment notices
382. Effect of attachment notice
383. Orders for payment by prime contractor or clerk of the court
384. Employees to be paid according to when attachment notices are served
385. Employee may sue prime contractor
386. Cessation of attachment not to prejudice prime contractor
387. Discharge by employee for payment received
388. Remedy of subcontractor's employees
389. Prime contractor's right to reimbursement
390. Magistrate may hear claim for wages ex parte

Division 3--Paying and recovering wages

391. Wages etc. to be paid without deduction
392. Paying apprentices or trainees for supervised training
393. Paying wages
394. Contract not to stipulate mode of spending wages
395. Payment of unpaid wages if employee's whereabouts unknown
396. Overpaid wages
397. Deduction of wages in lieu of notice of termination
398. Minor may recover unpaid wages
399. Recovery of unpaid wages etc.
400. Enforcement of magistrate's order

Division 3A--Recovery of wages for clothing outworkers

400A. Definitions for div 3A
400B. Claims by clothing outworkers for unpaid wages and super
400C. Liability of apparent employer for unpaid wages and super
400D. Liability of referred employer for unpaid wages
400E. Reimbursement of apparent or referred employer
400F. Recovery of unpaid wages
400G. Offences relating to claims under this division
400H. Effect of ss 400B-400G
400I. Mandatory code of practice for outworkers

Division 4--Wages in rural and mining industries

401. Wages recoverable against mortgagee if mortgagor defaults
402. Distress warrant levied on property of mortgagor or mortgagee
403. Application of ss 401 and 402 to mines
404. Priority in payment of wages earned in mine

Division 5--Occupational superannuation

406. Contributing occupational superannuation
407. Power to order contribution to particular fund
408. Recovery of unpaid superannuation contribution

CHAPTER 11A--FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS

408A. Definitions for ch 11A
408B. Meaning of private employment agent
408C. Meaning of manager
408D. When fees are or are not payable to private employment agent
408E. Magistrate may order repayment of fees received by private employment agent in criminal proceedings
408F. Commission may order repayment of fees received by private employment agent
408G. Magistrate may order repayment of fees received by private employment agent in civil proceedings
408H. Enforcement of magistrate's orders

CHAPTER 12--INDUSTRIAL ORGANISATIONS

Part 1--Preliminary

409. Definitions for ch 12
410. Meaning of corporation for ch 12
411. Meaning of counterpart federal body for ch 12
412. Meaning of office for ch 12

Part 2--Registration

Division 1--Registration applications

413. Application is to commission
414. Who may apply
415. General requirements for applications
416. Additional requirements for employee organisation application
417. Additional requirements for employer organisation applications

Division 2--Hearing of registration applications

418. Right to object
419. Registration criteria for all applications
420. Additional criteria for registration as employee organisation
421. Additional criteria for registration as employer organisation

Division 3--Grant of application

422. Grant of application
423. Incorporation on registration if not already incorporated

Division 4--Registered name and office

424. Registered name of organisation that is not a corporation
425. Registered office

Division 5--Miscellaneous

426. Registrar's functions for register and rules
427. Change of callings

Part 3--General contents of rules

Division 1--Requirement to have rules

428. Organisation must have complying rules

Division 2--General requirements for contents

429. Requirements for all organisations
430. Additional requirements for organisation that is not a corporation
431. Rules must give conditions for loans, grants and donations

Division 3--Permitted contents

432. Permitted contents—general
433. Filling casual vacancies
434. Mortality benefit fund

Division 4--Restrictions on contents

435. General restrictions
436. Maximum office term for organisation that is not a corporation

Part 4--Election rules

Division 1--Preliminary

437. Part does not apply to corporations
438. Meaning of direct voting system for pt 4
439. Meaning of collegiate electoral system for pt 4

Division 2--General requirements

440. General requirement of transparency
441. Rules must provide for elections
442. Direct voting or collegiate electoral system must be used

Division 3--Direct voting systems
Subdivision 1--Preliminary

443. Application of div 3
Subdivision 2--Requirements for direct voting systems
444. General requirements for direct voting system
445. Required contents—ballots
446. Compulsory voting permitted
Subdivision 3--Alternative types of secret ballot
447. Approval application
448. Consideration of application
449. Grant of approval
450. Cancellation of approval

Division 4--Collegiate electoral systems
Subdivision 1--Preliminary

451. Application of div 4
Subdivision 2--Requirements for collegiate electoral systems
452. Restriction on persons who may be elected by electoral college
453. Requirements for second or subsequent stage

Division 5--Model election rules

454. Model election rules
455. Model election rules may be adopted
456. Adoption without change
457. Effect of adoption without change
458. Model rules apply if election rules do not comply with pt 4

Part 5--Validity and compliance with rules

459. Powers of court
460. Who may apply
461. Financial help for application
462. Interim orders
463. Hearing application
464. Effect of declaration
465. Direction must be complied with

Part 6--Amendment of rules

Division 1--Amendments by commission or registrar

466. Breach of demarcation dispute undertaking
467. When registrar may amend rules
468. Amendment to cure noncompliance if rule declared void
469. How amendment must be made

Division 2--Amendments by organisation
Subdivision 1--Name or eligibility rule amendments

470. Application of sdiv 1
471. Requirements for amendment
472. Approval to change 'union' to 'organisation' in name
473. Approval for other name amendment
474. Approval for eligibility rule amendment
475. When amendment takes effect
476. Registrar must record amendment
Subdivision 2--Other rule amendments
477. Application of sdiv 2
478. When amendment may be made
479. When amendment takes effect

Part 7--Conduct of elections

Division 1--Preliminary

480. Part does not apply to corporations

Division 2--Preparatory steps

481. Organisation or branch must file prescribed election information
482. Registrar must arrange for elections

Division 3--Conduct of elections

483. Electoral commission to conduct elections
484. Organisation's rules generally to be complied with
485. Action or directions by electoral officer
486. Substitute electoral officer
487. Death of candidate
488. Election result report
489. Election costs to be paid by State
490. Ballot records must be preserved

Division 4--Offences about conduct of elections

491. Using organisation's resources for election purposes
492. Obstructing conduct of election
493. Failing to comply with electoral officer's direction
494. Obstructing electoral officer's direction
495. Offences about ballots
496. Disadvantaging candidates etc.
497. Unauthorised access to ballot paper

Part 8--Election inquiries

Division 1--Preliminary

498. Part does not apply to corporations

Division 2--Applications and referrals to commission

499. Commission may conduct election inquiry
500. Who may apply
501. Requirements for application
502. Referral to commission

Division 3--Investigations and interim orders

503. Commission may authorise registrar to investigate
504. Interim orders
505. Person acting under interim order
506. When interim order ends

Division 4--Conduct of election inquiries

507. Commission's functions and powers for inquiry
508. Orders if irregularity found
509. Enforcing pt 8 orders

Division 5--Offences about election inquiries

510. Disadvantaging applicant for inquiry
511. Obstructing orders being carried out

Division 6--Miscellaneous

512. Financial help for application
513. Costs of fresh election ordered by inquiry

Part 9--Officers

Division 1--Preliminary

514. Definitions for pt 9
515. Meaning of convicted person for pt 9

Division 2--Disqualifications from candidature or holding office
Subdivision 1--Disqualifications

516. Persons under 18
517. Convicted persons—candidature
518. Convicted persons—holding office
Subdivision 2--Applications for leave to hold office
519. Prospective candidates
520. Existing office holders
521. Consideration of leave applications
522. Disqualification period may be given if leave refused
523. Leave or fixing of disqualification period does not affect div 2
Subdivision 3--Miscellaneous
524. Declaration about eligibility or ceasing to hold office
525. Certificate evidence for div 2

Division 3--Officers' financial management duties

526. Application of div 3
527. Duty of honesty
528. Duty of reasonable care and diligence
529. Officers with material personal interests
530. Other duties not affected

Part 10--Membership

Division 1--Eligibility and admission to membership

531. Eligibility
532. Obligation to admit
533. Obligation to give union card
534. Members under 18

Division 2--Membership disputes

535. Court may decide
536. Deciding application

Division 3--Membership subscriptions

537. Obligation to give receipt

Division 4--Resignation

538. Division applies despite rules
539. Resignation
540. Resignation if membership subscription unpaid for 2 years

Division 5--Liabilities of member to organisation

541. Meaning of member's liability for div 5
542. Recovering member's liabilities
543. Limit on liability after resignation

Part 11--Registers

544. Members and officers registers
545. Requirements for members register
546. Officers register—required particulars
547. Annual obligation to file officers register
548. Obligation to file officers register on change of office holder
549. Inspection of registers
550. Registrar's directions about registers

Part 12--Accounts and audit

Division 1--Preliminary

551. Definitions for pt 12
552. Meaning of financial year for pt 12
553. Part applies to branches with separate financial affairs

Division 2--Accounting obligations

554. Obligation to keep accounting records
555. Obligation to prepare accounts
556. Member may apply for prescribed information
557. Registrar's directions about accounts and accounting records

Division 3--Audits

558. Obligation to have auditor
559. How auditor may be removed
560. Requirements for audit report
561. Audit report must not be knowingly false or misleading
562. Auditor must notify registrar of contravention
563. Auditor's powers
564. Auditors have qualified privilege

Division 4--Presentation and filing of audit reports

565. Obligation to present to general or committee meeting
566. Obligation to publish audit report and accounts
567. Notice of meetings to auditor
568. Auditor may attend meetings
569. False or misleading statements about reports
570. Report and accounts must be filed

Division 5--Registrar's investigations and audits

571. Registrar's investigations
572. Registrar's directions for investigation
573. Notice of contravention to organisation
574. Court may order compliance with notice
575. Registrar's examinations and audits
576. Powers of registrar's auditor
577. Costs of examination and audit by registrar's auditor

Division 6--Loans, grants and donations

578. Obligation to file details of loans, grants and donations
579. Member may inspect statement

Part 13--Exemptions

Division 1--Exemptions for organisations with counterpart federal bodies
Subdivision 1--Exemption from holding election

580. Exemption if federal election held
581. Obligation to notify change in federal election result
Subdivision 2--Exemption from keeping members or officers register
582. Exemption
583. Effect of exemption
584. Obligation to file copy of federal officers register
585. Obligation to give notice of change or contravention
Subdivision 3--Exemption from accounting or audit provisions
586. Who may apply
587. Grant of exemption
588. Obligation to file copies of federal audit documents
589. Obligation to give notice of change or contravention

Division 2--Exemption from accounting or audit obligations for employer organisations that are corporations

590. Who may apply
591. Grant of exemption
592. Obligation to file copies of reports under other Act or law
593. Obligation to notify registrar of contravention of other law

Division 3--Exemptions from requirement that electoral commission conduct election
Subdivision 1--Grant of exemption

594. Who may apply
595. Requirements for application
596. Publication of application
597. Hearing application
Subdivision 2--Obligations if exemption granted
598. Application of sdiv 2
599. Obligation to appoint returning officer
600. Election result report
601. Ballot records must be preserved

Division 4--Cancellation of exemptions

602. Cancellation grounds
603. Alternatives to cancellation for federal election exemption

Part 14--Validations

Division 1--Preliminary

604. Definitions for pt 14

Division 2--Validations

605. Limitation on validations if substantial injustice
606. Validation of certain acts done in good faith
607. Certain acts by person purporting to act in an office
608. Election not invalid because of compliance with order
609. Election not invalid because of contravention of pt 13, div 3, sdiv 2
610. Validation of certain events after 4 years
611. Counterpart federal body not a ground for challenge
612. Amalgamations and withdrawals

Division 3--Orders about invalidity or its effects

613. Commission may decide
614. Who may apply
615. Orders about effects of invalidity

Part 15--Amalgamations and withdrawals

Division 1--Preliminary

616. Definitions for pt 15

Division 2--Amalgamations

617. Amalgamation permitted only under div 2
618. Commission to approve proposed amalgamation
619. Additional regulation-making powers for amalgamations
620. Effect of amalgamation
621. Holding office after amalgamation

Division 3--Withdrawing from amalgamation

622. Requirements for withdrawal
623. Commission to approve proposed withdrawal
624. Additional regulation-making powers for withdrawals
625. Registration of constituent part on withdrawal
626. Members of constituent part may join newly registered organisation

Division 4--Offences about amalgamation or withdrawal ballots

627. Obstructing conduct of ballot
628. Offences about ballots
629. Disadvantaging another to induce vote or omission to vote
630. Unauthorised access to ballot paper

Division 5--Miscellaneous

631. Using resources for proposed amalgamation
632. Costs of ballot conducted by electoral commission
633. No action for defamation in certain cases
634. Commission may resolve difficulties
635. Registration of property transferred under pt 15
636. Part applies despite laws or instruments

Part 16--Deregistration

Division 1--Preliminary

637. Definitions for pt 16

Division 2--General deregistration provisions
Subdivision 1--Bringing deregistration proceedings

638. General deregistration grounds
639. Who may bring deregistration proceedings
Subdivision 2--Deciding deregistration proceedings
640. Hearing on ground other than industrial conduct
641. Hearing on industrial conduct ground
642. Deferral of deregistration for industrial conduct
643. When deferral order ends
644. Incidental orders or directions

Division 3--Small organisations

645. Commission may review
646. Deregistration proceedings by commission
647. Deciding proceedings

Division 4--Effects of deregistration

648. Application and purpose of div 4
649. When deregistration takes effect
650. Effect on corporate status
651. No release of liabilities
652. Effect on property
653. Effect on certain instruments

Part 17--Miscellaneous

654. Hearing to be given before making decision
655. Notice of registrar's decisions
656. Falsely obtaining organisation's property
657. Wrongfully applying organisation's property

CHAPTER 13--OFFENCES

659. Disobeying penalty orders
660. Improper conduct towards member, magistrate or registrar
661. Contempt by witness
662. False or misleading statements
663. False or misleading documents
664. Obstructing officers
665. Avoiding Act's obligations
666. Nonpayment of wages
667. Accepting reduced wages
668. Publishing statement about employment on reduced wages
669. Offence to offer or accept premiums
670. Contraventions of industrial instruments
671. Injunction restraining contraventions
672. Persons considered parties to offences
673. Executive officers must ensure corporation complies with ss 138, 368, 406 and 666
674. Attempt to commit offence
675. References to making false or misleading statements
676. References to engaging in conduct

CHAPTER 14--LEGAL PROCEEDINGS

677. General application of jurisdictional provisions
678. Evidentiary provisions affecting proceedings
679. Confidential material tendered in evidence
680. Evidentiary value of official records
681. Proof of certain facts by statement
682. Evidentiary value of certificate of trustee of superannuation fund
683. Offence proceedings generally
684. Organisations may start proceedings
685. Recovering amounts from organisations

CHAPTER 15--EMPLOYEES IN EMPLOYMENT OF STATE

686. Application of Act to State
687. Conflict between industrial instruments etc. and statutory decision
688. Protection of public property and officers
689. Ambit of reference to State
690. Representation of public sector units
691. Industrial cause affecting diverse employees

CHAPTER 17--GENERAL

694. Employees working in and outside State
695. Student's work permit
696. Aged or infirm persons permits
697. Copy of award and certified agreement to be displayed
698. Incorporating amendments in awards, certified agreements or orders
699. Obsolete industrial instrument
700. Certificate of employment on termination
701. False pretences relating to employment
702. Protection from liability
703. Payments to financially distressed
704. Notices and applications to be written
705. Inaccurate descriptions
706. Confidentiality of information
707. Application of Act generally
708. Approved forms
709. Regulation-making power

CHAPTER 18--SAVINGS AND REPEALS

710. Savings
712. Repeals

CHAPTER 19--SAVING AND TRANSITIONAL PROVISIONS FOR INDUSTRIAL RELATIONS ACT 1999

Part 1--Existing industrial agreements

713. Existing industrial agreement continues
714. Industrial agreement displaced by QWA

Part 2--Existing certified agreements

715. New termination provisions for existing certified agreements
716. EFAs that prevail over certified agreements
717. Certified agreements that prevail over EFAs

Part 3--Existing EFAs

718. Existing EFA continues
719. EFA displaced by QWA and determination

Part 4--Unlawful dismissals

720. Dismissals before commencement of this section

Part 5--Representation rights of employee organisations

721. Applications under the repealed Act, s 293

Part 6--References and appointments

722. References to repealed Act or IO Act
723. Appointments continue

Part 7--VETE orders and determinations

724. Proceedings commenced under the Vocational Education, Training and Employment Act 1991
725. Orders and determinations under the Vocational Education, Training and Employment Act 1991

Part 8--Organisations

726. Organisations with dual corporate status
727. Continued registration of organisations
728. Applications for exemption from membership of an organisation
729. Amalgamations
730. Withdrawals from amalgamation
731. Election and ballot expenses
732. Political objects funds

CHAPTER 20--OTHER TRANSITIONAL PROVISIONS

Part 1--Transitional provision for Industrial Relations Amendment Act 2002

733. Transitional provision for 2002 amendment Act

Part 2--Transitional provision for Vocational Education, Training and Employment Amendment Act 2005

734. Continuation of decisions made by approving authority

Part 3--2005 amendment Act

735. Definition for part
736. Continuity of service
737. Dismissals

Part 4--Transitional provision for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2005

738. Dismissal of injured employee

Part 5--Transitional provision for Child Employment Act 2006

739. Provision for agreed extensions of parental leave

Part 6--Transitional provisions for Industrial Relations Act and Other Legislation Amendment Act 2007

740. Certification of agreements
741. Appointment as members
742. Appointments by industrial gazette notice
743. Appeals to Court of Appeal from full bench

Part 7--Transitional provisions for Local Government and Industrial Relations Amendment Act 2008, part 3

Division 1--Preliminary

744. Application of pt 7
745. Definitions for pt 7
746. Interpretation

Division 2--Provisions for federal instruments

747. Provision for original awards
748. Provision for pre-reform certified agreements
749. Provision for Australian workplace agreements and pre-reform AWAs
750. Provision for union collective agreements
751. Provision for employee collective agreements
752. Provision for notional agreements preserving State awards

Division 3--General

753. Preservation of existing entitlements
754. Organisations bound by substitute State instruments
755. Provisions for minimum entitlements

Part 8--Transitional provision for Industrial Relations Amendment Act 2009

756. Delegations by vice president

Part 9--Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009

757. Definition for pt 9
758. Matters published in industrial gazette
759. Effect of regulation and tribunals rules amendment
SCHEDULE 1 -- INDUSTRIAL MATTERS
SCHEDULE 2 -- APPOINTMENTS

Part 1--President, vice president, deputy presidents and commissioners
1. Remuneration
2. Benefits—Judges (Pensions and Long Leave) Act 1957
3. Benefits—Superannuation (State Public Sector) Act 1990
4. Leave under the pensions Act
4A. Other leave
4B. Other terms and conditions

Part 1A--Associates
4C. Appointment conditions

Part 2--Registrar
5. Preservation of registrar's rights if a public service officer
6. Leave of absence of registrar
7. Resignation of registrar

Part 3--Inspectors
8. Appointment conditions
9. Limitation on powers
10. Identity cards
SCHEDULE 3 -- MINIMUM REDUNDANCY PAYMENT
SCHEDULE 5 -- DICTIONARY
Endnotes

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]