Industrial Relations Regulation 2018

This regulation may be cited as the Industrial Relations Regulation 2018.

This regulation commences on 1 March 2018.

The dictionary in schedule 6 defines particular words used in this regulation.

For working out continuous service under section 123(1) of the Act, the following matters do not break continuous service—

the employee’s absence from work if there was a reasonable cause for the absence;

the employee’s absence from work because of protected industrial action;

another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.

An employee’s absence from work under subsection (1)(a) does break continuous service if—

a decision requires the employee to—

notify the employer of an absence from work; and

substantiate the reason for the absence; and

the employee does not comply with the decision.

Also, an employee’s absence from work under subsection (1)(a) does break continuous service if—

there is no decision mentioned in subsection (2); and

the employee does not promptly notify the employer of—

the employee’s absence from work; and

the reason for the absence; and

the likely duration of the absence.

An employee’s absence from work under subsection (1)(b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122(1) of the Act, that the absence must be taken to be a break in the employee’s continuous service.

A notification under subsection (1)(c)—

must be given during, or within 14 days after the end of, the absence; and

may be withdrawn by the employer.

If the employer withdraws the notification, it is taken not to have been given.

If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123(1) of the Act.

In this section—protected industrial action see section 233(1) of the Act.

For section 124(3) of the Act, the amount taken to be payable is the average weekly remuneration payable to the employee—

for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or

for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.

For section 198(1)(c)(ii) of the Act, a proposed bargaining instrument must be accompanied by an affidavit containing the following information—

whether the instrument is for a new business or is a project agreement or a multi-employer agreement;

whether or not the instrument is made with an employee organisation;

the industry in which the employer is engaged;

the name of the relevant award or designated award;

for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed;

the number of male and female employees to be covered by the instrument;

the number of apprentices or trainees to be covered by the instrument;

the name and address of each employer to whom the instrument is to apply;

if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;

if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated;

the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument;

the steps taken to ensure the things required to be done by sections 169, 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument;

a statement that the employer did not do something mentioned in section 195(b) of the Act;

a statement that the instrument passes the no-disadvantage test under chapter 4, part 5, division 3 of the Act.

The affidavit must be in the form provided for in the rules made under section 551 of the Act.

For section 198(1)(c)(ii) of the Act, if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.

For section 237(3)(b) of the Act, the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example—

a superannuation entitlement; and

an authorised leave entitlement; and

an entitlement to remuneration and promotion as affected by seniority; and

an entitlement to notice of, or compensation for, dismissal.

In this section—authorised leave means leave authorised by—

the employer; or

an industrial instrument; or

an order of a court or tribunal having power to fix wages and other employment conditions; or

the employee’s employment contract; or

a Commonwealth or State law.

For section 297(1)(a) of the Act, an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer—

that the illness or injury will cause the employee to be absent from work; and

of the approximate period for which the employee will be absent.

An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee—

promptly notifies the employer of the matters mentioned in subsection (1)(a) and (b); and

either—

gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or

gives the employer other evidence of the illness or injury to the employer’s satisfaction.

Without limiting subsection (2), if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument.

Despite subsections (1) to (3), an illness or injury is not a prescribed illness or injury if—

the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and

the employee is not on paid sick leave or carer’s leave under chapter 2, part 3, division 6, subdivision 1 or 2 of the Act.

For section 337(4)(a) of the Act, an application for an authority must—

be made in the form provided for in the rules made under section 551 of the Act; and

state whether the person to be authorised is an officer, or employee, of the organisation; and

be signed by the applicant’s president or secretary; and

be accompanied by—

1 passport-sized photograph of the person signed on the reverse side by the person; and

2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.

For section 376(4) of the Act, the amount is ¾ of the wages payable for the pay period.

For section 948(6) of the Act, the amount is ¾ of the amount that would otherwise be paid to the health employee on the single occasion, disregarding any deductions for any purpose.

For section 400(2)(a) of the Act, the particulars are as follows—

the name of the person for whom the work is to be carried out;

the address of the place of work;

the particulars of the work;Examples—

• for modelling work—modelling clothing

• for a performer—live theatre

the period of the work;

the gross amount payable to the model or performer by the person for whom the work is to be carried out;

an itemised list of the fees payable to the agent by the model or performer;

the net amount the model or performer is to receive after payment of the agent’s fees;

if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.

In this section—industrial instrument includes a federal industrial instrument.