Industrial Relations Act 2016

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).