INDUSTRIAL RELATIONS REGULATION 2000

Queensland Consolidated Regulations

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INDUSTRIAL RELATIONS REGULATION 2000

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Definitions

Part 2--Dismissals and power to amend or void contracts

4. Prescribed amount—Act, ss 72 and 276
5. Meaning of temporary absence—Act, s 73
6. Working out continuous service—Act, s 84(2)
7. Compensation for commission or piece rate employees—Act, s 85

Part 3--Freedom of association

8. Procedure for exemption hearing—Act, s 112

Part 4--Certified agreements

9. Agreement for certification to be accompanied by affidavit—Act, s 156
10. Protected industrial action—Act, s 174
11. Complementary laws—Act, s 186

Part 6--Authorised industrial officers

16. Application for issue of an authority—Act, s 364

Part 7--Overpaid wages

17. Recovering overpaid wages—Act, s 396

Part 7A--Fees charged by private employment agents

17A. Particulars for written notice—Act, s 408D(2)(a)
17B. Prescribed percentage of gross amount payable to model or performer—Act, s 408D(2)(b)
17C. Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 408D(2)(b)

Part 8--Application to industrial tribunal under chapter 12 of the Act

Division 1--Definition

18. Definition for pt 8

Division 2--Applications, and service and publication of process

19. Applications to industrial tribunal
20. Applications for registration, change of list of callings or amendment of name or eligibility rules
21. Certain applications must state grounds on which they are made
22. Application for exemption under Act, s 580
23. How making of resolution is to be notified for Act, s 595(1)(b)
24. Publishing notice for Act, s 596
25. Signing or sealing application for deregistration order under Act, s 639
26. Application by registrar for deregistration order for defunct organisation

Division 3--Objections

27. Who may object—Act, s 654
28. Notice of objection
29. Answering objections—Act, s 654

Division 4--Notice of hearing and hearing

30. Hearing application and objections—Act, s 654
31. Notice of hearing
32. Opportunity to make written submissions
33. Grounds objector may rely on

Part 9--Rules generally

34. Cost of copy of rules—Act, s 428

Part 10--Model election rules

35. Model election rules—Act, s 454

Part 11--Conduct of elections by organisation or branch

36. Prescribed information for elections—Act, s 481
37. Prescribed particulars for election or ballot result reports—s 121 and Act, ss 488 and 600
38. Declaration of election or ballot result
39. Copies of result reports to be given
40. Voters may ask for information about election or ballot
41. Unauthorised action in conducting election or ballot
42. Ballot security

Part 12--Accounts and audit

Division 1--Accounting obligations

43. Accounting records—Act, s 554(2)
44. Prescribed accounts—Act, s 555(1)
45. Certificates to be given in accounts
46. How to apply for information—Act, s 556
47. Information that must be supplied on application by member—Act, s 556
48. Member asking registrar to apply for information
49. Management committee must report insolvency to members

Division 2--Investigations

50. Circumstances in which registrar may conduct other investigations—Act, s 571(2)(b)

Part 13--Amalgamations and withdrawals

Division 1--Federations

51. Application for recognition as federation
52. Representation by federation
53. Amendment of federation's composition
54. When federation ends
55. Change in particulars, rules or agreement for federation

Division 2--Community of interest declaration

56. Community of interest declaration for amalgamation
57. End of declaration

Division 3--Acting for constituent part

58. Who may act for constituent part

Division 4--Amalgamation and withdrawal schemes

59. Management committee approval
60. Amalgamation or withdrawal scheme
61. Alternative schemes for amalgamation
62. Amending schemes
63. Scheme outlines

Division 5--Applications about ballots

64. Application to submit proposed amalgamation to a ballot
65. Application to submit proposed withdrawal to a ballot
66. Amalgamation ballot exemption—number of members
67. Amalgamation ballot exemption—recognising federal ballot
68. Withdrawal ballot exemption—recognising federal ballot
69. Application for alternative ballot
70. Withdrawing from application

Division 6--'Yes' or 'no' case

71. Filing 'yes' case
72. Filing 'no' case
73. Commission statements
.
75. Amending 'yes' or 'no' cases

Division 7--Objections

76. Objections about amalgamations involving extending eligibility rules
77. Objection to amalgamation ballot exemption—recognising federal ballot
78. Objection to withdrawal ballot exemption—recognising federal ballot
79. Notice of objection
80. Answering objection

Division 8--Hearing

81. Notice of application
82. Amalgamation or withdrawal hearing
83. Amalgamation ballot approval
84. Notifying refusal of ballot application
85. Hearing objection
86. Amalgamation ballot approval if ballot extends eligibility rules
87. Withdrawal ballot approval
88. Ballot exemption—number of members
89. Amalgamation ballot exemption—recognising federal ballot
90. Withdrawal ballot exemption—recognising federal ballot
91. Alternative ballot approval
92. Notice to manager of ballot
93. Fixing ballot period

Division 9--Ballots

94. Electoral commission to conduct ballot
95. Providing information and documents to electoral officers
96. Action and directions by manager of ballot
97. Manager of ballot must give scheme and outline if asked
98. Members' secret postal ballot
99. Form of ballot paper
100. Notice of ballot
101. Postal ballots—distributing voting material
102. Material for alternative ballots
103. Alternative ballots—distributing ballot papers
104. Duplicate ballot documents—postal voting
105. Duplicate ballot papers—alternative ballot
106. Manager must keep a ballot box
107. How to vote by post
108. How to vote in an alternative ballot
109. How ballot manager must deal with voting material

Division 10--Roll

110. Roll—who may vote
111. Roll—inspection

Division 11--Scrutineers

112. Scrutineers
113. Scrutineers' rights
114. Scrutineers' objections
115. Direction to leave count

Division 12--Counting votes

116. Initial scrutiny of postal votes
117. Counting votes
118. Ballot records to be kept

Division 13--Approval of proposal

119. Members' decision on amalgamation or withdrawal
120. Amalgamation approval
121. Ballot result report
122. Further ballot if amalgamation not approved

Division 14--Ballot inquiries
Subdivision 1--Applications and referrals to commission

123. Commission may conduct ballot inquiry
124. Who may apply
125. Requirements for application
126. Referral to commission
Subdivision 2--Investigations and interim orders
127. Commission may authorise registrar to investigate
128. Interim orders
129. When interim order ends
Subdivision 3--Conduct of ballot inquiries
130. Commission's functions and powers for inquiry
131. Orders if irregularity found
132. Enforcing orders under this division
Subdivision 4--Offences about ballot inquiries
133. Disadvantaging applicant for inquiry
134. Obstructing orders being carried out
Subdivision 5--Miscellaneous
135. Financial help for application
136. Costs of fresh ballot ordered by inquiry

Division 15--Amalgamation or withdrawal taking effect

137. Who may apply to fix a start day for amalgamation or withdrawal
138. Fixing start day for amalgamation or withdrawal
139. Order to apportion assets and liabilities on withdrawal
140. Holding office after withdrawal
141. Effect of amalgamation on commission decisions
142. Effect of withdrawal on order of commission or industrial instrument
143. Effect of amalgamation on instruments
144. Effect of withdrawal on agreements, arrangements or other instruments
145. Effect of amalgamation on pending proceedings
146. Effect of withdrawal on pending proceedings
147. Amalgamated organisation to carry out amalgamation

Part 14--Declarations for Commonwealth Act, section 14(2)

148. Declarations

Part 15--General

149. Certificate of employment on termination—Act, s 700
150. Repeals
SCHEDULE 3 -- MODEL ELECTION RULES

Part 1--Definitions
1. Definitions

Part 2--Manager of election
2. Manager of election—functions and powers

Part 3--Pre-election procedures
3. Closing day and time for nominations
4. Starting and finishing days of ballot
5. Calling for nominations
6. Nomination procedure
7. What happens if a nomination is defective
8. When a ballot must be held
9. Election without ballot

Part 4--Conducting ballots

Division 1--General
10. Roll—preparation

11. Roll—inspection
12. When someone can claim a right to vote

Division 2--Voting material

13. Ballot papers
14. Distributing voting material
15. Manager must keep a ballot box
16. Duplicate voting material

Division 3--Voting

17. How long ballot is open
18. How to vote
19. How many votes may be cast

Division 4--Counting and scrutiny of votes

20. How manager must deal with voting material
21. Scrutineers—appointment
22. Scrutineers' rights
23. Scrutineers—numbers attending
24. Initial scrutiny of voting material
25. Counting votes
26. Scrutineers' objections
27. Direction by manager to leave count

Division 5--Election result

28. How result is decided
29. What happens if votes for 2 or more candidates are equal
30. What happens if multiple nominee elected
SCHEDULE 4 -- PRESCRIBED ACCOUNTS

Part 1--Income and expenditure

Division 1--Income and expenditure account
1. Income and expenditure account

Division 2--Particulars of income
2. Entrance fees or membership contributions
3. Payments from a branch to an organisation
4. Payments from an organisation to a branch
5. Compulsory levies or voluntary contributions
6. Donations or grants
7. Interest
8. Dividends
9. Rent
10. Other investment income
11. Surplus
12. Profit on sale or revaluation
13. Sundry income

Division 3--Particulars of expenditure
14. Affiliation fees
15. Payments by organisation to branch for services
16. Payments by branch to organisation for services
17. Compulsory levies
18. Donations or grants
19. Officers' and employees' remuneration
20. Representatives' fees or allowances
21. Professional services
22. Administrative costs
23. Interest on loans and asset management costs
24. Rent
25. Provision for depreciation
26. Penalties
27. Loss on sale or revaluation
28. Deficit
29. Payments by organisation to branch other than for services

30. Payments by branch to organisation other than for services
31. Bad debts
32. Sundry expenditure

Part 2--Assets and liabilities

Division 1--Balance sheet

33. Balance sheet
34. Value of non-current assets must not be misleading

Division 2--Particulars of assets

35. Value of current assets
36. Cash in hand
37. Cash at financial institutions
38. Prepayments
39. Accounts and loans receivable
40. Public investments
41. Non-public investments
42. Non-current assets
43. Investments from special accounts
44. Other account balances
45. General account balance

Division 3--Particulars of liabilities

46. Current and non-current liabilities
47. Rent payable
48. Accounts payable other than for rent
49. Loans payable
50. Provision for long service leave entitlements
51. Provision for annual leave entitlements
52. Provision for superannuation or retirement benefits

Part 3--Notes to accounts

53. Notes
54. Amounts to be included with notes
SCHEDULE 5 -- MATTERS FOR ACCOUNT CERTIFICATES

Part 1--Accounting officer's certificates
1. Number of members
2. Financial affairs
3. Members' payments
4. Approval for expenditures
5. Payments from special accounts
6. Loans and financial benefits
7. Members register

Part 2--Management committee certificates
8. Financial affairs
9. Organisation's solvency
10. Management committee meetings
11. Whether records have not been given under Act or rules
12. Audit report and accounts for the last financial year
SCHEDULE 6 -- PRESCRIBED INFORMATION FOR PREVIOUS FINANCIAL YEAR—ACT, SECTION 556
1. Donations or grants to organisation
2. Donations or grants by organisation
3. Officer's remuneration
4. Profit or loss on sale or revalue
5. Loans by organisation
6. Loans to organisation
7. Non-public investments
8. Contingent liabilities
SCHEDULE 7 -- PERCENTAGE OF GROSS AMOUNT PAYABLE TO MODEL OR PERFORMER
SCHEDULE 7A -- EMPLOYERS DECLARED NOT TO BE NATIONAL SYSTEM EMPLOYERS
SCHEDULE 8 -- DICTIONARY
Endnotes

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