Industrial Relations Act 2016

The commission must ensure a modern award—

does not include a provision that discriminates against an employee; andNote—

See, however, subsection (2).

does not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards; and

provides for equal remuneration for work of equal or comparable value; andNote—

In relation to the making of a modern award, see the further requirements under chapter 5, part 2, division 1.

does not include an objectionable term within the meaning of section 301; and

is stated in plain English and its structure and content is easy to understand; and

does not include provisions that are obsolete; and

includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to employees; andNote—

See also subsection (3) for further requirements relating to the consultation provision mentioned in paragraph (g).

includes provisions stating the employers, employees and organisations the award applies to; and

provides fair standards for employees in the context of living standards generally prevailing in the community; and

is suited to the efficient performance of work according to the needs of particular enterprises, industries or workplaces; and

whenever possible—

contains facilitative provisions about how the provisions of the award are to apply; and

contains provisions enabling the employment of regular part-time employees; and

provides support for training arrangements; and

contains facilitative provisions about work and family responsibilities; and

takes into account employees’ family responsibilities.

A modern award does not discriminate against an employee only because it provides for minimum wages for any of the following—

all young employees;

all employees with a disability;

all employees engaged as apprentices or trainees;

a class of employees mentioned in paragraph (a), (b) or (c).

For subsection (1)(g), the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.

In this section—

facilitative provisions, about a matter, means provisions allowing agreement to be reached at the workplace or enterprise level, between employers and employees (including individual employees), for the matter.

relevant employee organisation means an employee organisation that—

is covered, or will be covered, by the modern award; or

is entitled to represent the industrial interests of employees who are, or will be, covered by the modern award.