Industrial Relations Act 2016

This Act may be cited as the Industrial Relations Act 2016.

Chapter 19, part 8, other than the following provisions, commences on assent—

sections 1118 to 1124;

sections 1126 to 1128;

section 1151;

section 1152, to the extent it inserts new section 289.

The remaining provisions of this Act commence on a day to be fixed by proclamation.

The main purpose of this Act is to provide for a framework for cooperative industrial relations that—

is fair and balanced; and

supports the delivery of high quality services, economic prosperity and social justice for Queenslanders.

The main purpose of this Act is to be achieved primarily by—

supporting a productive, competitive and inclusive economy, with strong economic growth, high employment, employment security, improved living standards and low inflation; and

promoting high-performing, apolitical State government and local government sectors that are responsive to democratically-decided priorities and focused on the delivery of public services in a professional and non-partisan way; and

promoting and facilitating security in employment and consultation about employment matters, technological change and organisational change; and

providing for a fair and equitable framework of employment standards, awards, determinations, orders and agreements; and

promoting productive and cooperative workplace relations including by recognising mutual obligations of trust and confidence in the employment relationship; and

providing for a guaranteed safety net of fair, relevant and enforceable minimum employment conditions through the Queensland Employment Standards; and

ensuring wages and employment conditions provide fair standards in relation to living standards prevailing in the community; and

promoting collective bargaining, including by—

providing for good faith bargaining; and

establishing the primacy of collective agreements over individual agreements; and

preventing and eliminating sexual harassment, sex or gender-based harassment, discrimination, bullying and other unfair treatment in employment; and

ensuring equal remuneration for work of equal or comparable value; and

promoting diversity and inclusion in the workforce, including by providing a right for employees to request flexible working arrangements to help balance their work and family responsibilities; and

supporting employees experiencing domestic and family violence by conferring leave entitlements and protection from discrimination; and

encouraging fairness and representation at work, and the prevention of discrimination, by recognising the right to freedom of association, the right to organise and the right to be represented; and

encouraging representation of employees and employers by organisations that are registered under this Act; and

being responsive to emerging labour market trends and work patterns; and

providing for effective, responsive and accessible mechanisms to support negotiations and resolve industrial disputes; and

establishing an independent court and tribunal to facilitate fair, balanced and productive industrial relations; and

assisting in giving effect to Australia’s international obligations in relation to labour standards.Examples of ILO conventions ratified by Australia—

• the Freedom of Association and Protection of the Right to Organise Convention, 1948, No. 87

• the Right to Organise and Collective Bargaining Convention, 1949, No. 98

• the Equal Remuneration Convention, 1951, No. 100

• the Discrimination (Employment and Occupation) Convention, 1958, No. 111

• the Employment Policy Convention, 1964, No. 122

• the Termination of Employment Convention, 1982, No. 158

• the Part-Time Work Convention, 1994, No. 175

This Act binds all persons, including the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The dictionary in schedule 5 defines particular words used in this Act.

An employer is a person who—

is not a national system employer within the meaning of the Commonwealth Fair Work Act; and

employs, or usually employs, 1 or more individuals.

Also, employer includes the following persons—

for chapter 2, part 3, divisions 9, 11 and 12, a national system employer within the meaning of the Commonwealth Fair Work Act, section 14, including a national system employer mentioned in section 30N of that Act;

a person for whose calling or business an outworker works;

for a proceeding for an offence or for payment or recovery of amounts—a former employer;

a person declared to be an employer under section 465.

An employee is an individual who is employed, or usually employed, by an employer.

Also, employee includes the following persons—

for chapter 2, part 3, divisions 9, 11 and 12, a national system employee within the meaning of the Commonwealth Fair Work Act, section 13, including a national system employee mentioned in section 30M of that Act;

for chapter 7, a worker under the Work Health and Safety Act 2011, section 7, other than a worker under the Commonwealth Fair Work Act who may apply for an order under chapter 6, part 6-4B of that Act in relation to the bullying;

a person who is a member of a class of persons declared to be employees under section 465;

for a proceeding for an offence or for payment or recovery of amounts—a former employee;

an outworker;

an apprentice;

a trainee.

An industrial matter is a matter that affects or relates to—

work done or to be done; or

the privileges, rights or functions of—

employers or employees; or

persons who have been, or propose to be, or who may become, employers or employees; or

a matter the court or commission considers has been, is, or may be a cause or contributory cause of an industrial action or industrial dispute.

However, a matter is not an industrial matter if it is the subject of a proceeding for—

an indictable offence; or

a public service appeal.

Without limiting subsection (1) or affecting subsection (2), a matter is an industrial matter if it relates to a matter mentioned in schedule 1.

This part gives an overview of the scope of this Act.

Without limiting subsection (1), it is declared that this part does not confer entitlements or impose liabilities.

In this part—

Queensland referral Act means the Fair Work (Commonwealth Powers) and Other Provisions Act 2009.

Generally speaking—

the Commonwealth Fair Work Act applies to many employers and employees in Queensland; and

this Act applies to employers and employees only to the extent the Commonwealth Fair Work Act does not apply to them.

Note—

The Commonwealth Fair Work Act applies to the following employers and their employees—

• employers who are trading or financial corporations (see paragraph 51(xx) of the Commonwealth Constitution)

• other private sector employers in relation to whom the State has referred its legislative power over industrial relations matters to the Commonwealth (see the Queensland referral Act).

The following are examples of entities to whom this Act generally applies—

the State government, and entities related to the State government, and their employees;Examples—

• departments

• public service entities mentioned in the Public Sector Act 2022, section 9(b)

• other statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006Note—

For more detail, see the definition public sector employer in the Queensland referral Act, section 3(1).

local governments, and entities established under local government legislation, and their employees.

Note—

For more detail, see the definition local government sector employer in the Queensland referral Act, section 3(1).

Also, this Act generally applies to other employers, and their employees, if—

the employers are declared by Queensland law not to be national system employers for the Commonwealth Fair Work Act; and

the declaration is endorsed by the Minister under the Commonwealth Fair Work Act.

Note—

See also chapter 16 and the Commonwealth Fair Work Act, section 14(2).