Industrial Relations Act 1999 (Qld)
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Industrial Relations Act 1999
An Act relating to industrial relations in Queensland, and for other purposes
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Industrial Relations Act 1999 .
2 Commencement
(1) Section 744 commences, or is taken to have commenced, on 1 July 1999.(2) The remaining provisions of this Act commence on a day to be fixed by proclamation.
3 Principal object of this Act
The principal object of this Act is to provide a framework for industrial relations that supports economic prosperity and social justice by—(a) providing for rights and responsibilities that ensure economic advancement and social justice for all employees and employers; and(b) providing for an effective and efficient economy, with strong economic growth, high employment, employment security, improved living standards, low inflation and national and international competitiveness; and(c) preventing and eliminating discrimination in employment; and(d) ensuring equal remuneration for men and women employees for work of equal or comparable value; and(e) helping balance work and family life; and(f) promoting the effective and efficient operation of enterprises and industries; and(g) ensuring wages and employment conditions provide fair standards in relation to living standards prevailing in the community; and(h) promoting participation in industrial relations by employees and employers; and(i) encouraging responsible representation of employees and employers by democratically run organisations and associations; and(j) promoting and facilitating the regulation of employment by awards and agreements; and(k) meeting the needs of emerging labour markets and work patterns; and(l) promoting and facilitating jobs growth, skills acquisition and vocational training through apprenticeships, traineeships and labour market programs; and(m) providing for effective, responsive and accessible support for negotiations and resolution of industrial disputes; and(n) assisting in giving effect to Australia’s international obligations in relation to labour standards; and(o) promoting collective bargaining and establishing the primacy of collective agreements over individual agreements.
4 Definitions
The dictionary in schedule 5 defines particular words used in this Act.
5 Who is an employee
An employee is—(a) a person employed in a calling on wages or piecework rates; or(b) a person whose usual occupation is that of an employee in a calling; or(c) a person employed in a calling, even though—(i) the person is working under a contract for labour only, or substantially for labour only; or(ii) the person is a lessee of tools or other implements of production, or of a vehicle used to deliver goods; or(iii) the person owns, wholly or partly, a vehicle used to transport goods or passengers; or(d) a person who is a member of a class of persons declared to be employees under section 275 ; or(e) each person, being 1 of 4 or more persons who are, or claim to be, partners working in association in a calling or business; or(f) for proceedings for payment or recovery of amounts—a former employee; or(g) an outworker; or(h) an apprentice or trainee.Note—
For the application of the Commonwealth Act, see the note to section 6 (1) .
6 Who is an employer
(1) An employer is—(a) a person employing, or who usually employs, 1 or more employees, for the person or someone else; or(b) for employees employed in a department of government—the chief executive of that department.Note—
The Commonwealth Act applies generally speaking to private sector employers and their employees.(2) The following persons are also employers—(a) a person carrying on a calling in which employees are usually employed, even though for the time being employees are not employed in it;(b) a person who is managing director, manager, secretary or member of the managing body (however called) of a corporation, partnership, firm or association of persons;(c) if 4 or more persons are, or claim to be, partners working in association in a calling or business—the partnership firm constituted, or claimed to be constituted, by the persons;(d) a group training organisation or labour hire agency that arranges for an employee (who is a party to a contract of service with the organisation or agency) to do work for someone else, even though the employee is working for the other person under an arrangement between the organisation or agency and the other person;(e) for proceedings for an offence or for payment or recovery of amounts—a former employer;(f) a person for whose calling or business an outworker works;(g) a person declared to be an employer under section 275 .(3) In this section—labour hire agency means an entity that conducts a business that includes the supply of services of employees to others.
7 What is an industrial matter
(1) An industrial matter is a matter that affects or relates to—(a) work done or to be done; or(b) the privileges, rights or functions of—(i) employers or employees; or(ii) persons who have been, or propose to be, or who may become, employers or employees; or(c) a matter (whether or not an industrial matter as defined in this section) that the court or commission considers has been, is, or may be a cause or contributory cause of an industrial action or industrial dispute.(2) However, a matter is not an industrial matter if it is the subject of proceedings for an indictable offence.(3) Without limiting subsection (1) or affecting subsection (2) , a matter is an industrial matter if it relates to a matter mentioned in schedule 1 .
8 Provisions about appointments and procedures
Schedule 2 contains provisions about—(a) the president, vice president, deputy presidents and industrial commissioners; and(b) the registrar; and(c) inspectors; and(d) associates.
Chapter 2 Pre-modernisation employment conditions
Part 1AA Preliminary
8AA Application of ch 2
This chapter applies to an employee who is bound by a pre-modernisation industrial instrument in relation to particular employment.Note—
See chapter 2A (Modern employment conditions) in relation to conditions of employment for all other employees.
Part 1 General
Division 1AA Minimum wage
8A Minimum wage
(1) An employee is entitled to a wage that is not less than the Queensland minimum wage declared by the full bench’s general ruling under section 287 .(2) This section does not apply to an employee who is excluded from the operation of the general ruling under section 287 (5) .
Division 1AB Development of skills of employees
8B Wage structuring to develop employee skills
(1) An employer must, if it is appropriate to the employer’s industry and the calling or callings of the employer’s employees, structure the employees’ wages in a way that encourages the development of the employees’ skills.(2) If, after completing an apprenticeship in a trade, an employee works in the trade, the employee must be paid at least the minimum rate payable under the award or federal award applying to the trade.
Division 1AC Pay and conditions for particular outworkers
8C Pay and conditions for workers working from home etc. and not covered by award or federal award
(1) This section applies to a person—(a) who is, for someone else’s calling or business, engaged in or about a private residence or other premises that are not business or commercial premises; and(b) who, when so engaged, is not a person to whom an award or federal award applies.(2) The pay and conditions of the person must be fair and reasonable when compared with the pay and conditions of employees who perform the same kind of work at an employer’s business or commercial premises under an award or federal award.
Division 1 Working time
9 Working time for an employee under an industrial instrument made on or before 1 September 2005 etc.
(1) This section applies to an employee under an industrial instrument, other than a certified agreement if the application to certify the agreement was made after 1 September 2005.(2) The periods for which an employee is required to work must not exceed—(a) 6 days in any 7 consecutive days; or(b) 40 hours in any 6 consecutive days; or(c) 8 hours in any day.(3) An employee must be paid overtime at the rate of at least—(a) for a calling in which more than 1 shift is worked in a day—double time; and(b) for another calling—time and a half.(4) If an employee is paid at a higher rate than the minimum rate prescribed in the industrial instrument, the overtime rate must be worked out on the higher rate.(5) If practicable, an employee is entitled to a rest pause of at least 10 minutes in each 4 hours of working time on a day.(6) The rest pause—(a) is part of the employee’s working time; and(b) if continuity of work is necessary—must be taken when it does not interfere with continuity.(7) This section does not apply if an industrial instrument provides otherwise.(8) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(9) In this section—overtime means time worked—(a) outside any of the periods mentioned in subsection (2) ; or(b) before or after the fixed or recognised times of starting or finishing work on a day in a calling.
9A Working time for an employee under an industrial instrument made after 1 September 2005 etc.
(1) This section applies to an employee under any of the following instruments, unless the instrument provides otherwise—(a) an industrial instrument made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005;(b) a federal award made or varied after 1 September 2005;(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.(2) The periods for which the employee is required to work must not exceed—(a) 6 days in any 7 consecutive days; or(b) 38 hours in any 6 consecutive days; or(c) 7.6 hours in any day.(3) The employee must be paid overtime at the rate of at least—(a) for a calling in which more than 1 shift is worked in a day—double time; and(b) for another calling—time and a half.(4) If the employee is paid at a higher rate than the minimum rate provided for in the relevant instrument mentioned in subsection (1) , the overtime rate must be worked out on the higher rate.(5) If practicable, the employee is entitled to a rest pause of at least 10 minutes in each 4 hours of working time on a day.(6) The rest pause—(a) is part of the employee’s working time; and(b) if continuity of work is necessary—must be taken when it does not interfere with continuity.(7) If the employee is required to work for more than 5 hours, the employee is entitled to an unpaid meal break of at least 30 minutes after the end of the fourth hour of work and before the start of the sixth hour of work.(8) If the employee is required to work in a way that is contrary to subsection (7) , the employee is entitled to be paid at a rate that is double the rate the employee would have been entitled to for the 30 minutes of work.(9) If the employee performs shift work, the employee must be paid as follows—(a) for ordinary time worked on Monday, Tuesday, Wednesday, Thursday or Friday—(i) for afternoon shift work—at least 12.5% more than the ordinary rate applicable to the employee; or(ii) for night shift work—at least 15% more than the ordinary rate applicable to the employee;(b) for ordinary time worked on Saturday—at least 25% more than the ordinary rate applicable to the employee;(c) for ordinary time worked on Sunday—at least 50% more than the ordinary rate applicable to the employee.(10) If the employee’s ordinary time includes working between midnight Friday and midnight Sunday, other than as part of performing shift work, the employee is entitled to be paid the following—(a) for ordinary time worked between midnight Friday and midnight Saturday—at least 25% more than the ordinary rate applicable to the employee;(b) for ordinary time worked between midnight Saturday and midnight Sunday—at least 50% more than the ordinary rate applicable to the employee.(11) Without limiting the application of this section to a casual employee, if the employee is a casual employee, the employee is entitled to be paid the following—(a) for time other than overtime—an ordinary rate that is at least 123% of the ordinary rate for a permanent employee for the work performed, worked out on an hourly basis;(b) for overtime—at least at the relevant overtime rate specified in subsection (3) worked out on the ordinary rate for the casual employee as specified in paragraph (a).(12) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(13) In this section—afternoon shift work means all work performed as part of a shift that finishes after 6.00p.m. and at or before midnight, if the majority of hours for the shift are between 6.00p.m. and midnight.night shift work means all work performed as part of either of the following—(a) a shift finishing after midnight and at or before 8.00a.m.;(b) a shift if the majority of hours for the shift are between midnight and 8.00a.m.overtime means time worked—(a) outside any period mentioned in subsection (2) ; or(b) before or after the fixed or recognised times of starting or finishing work on a day in a calling.shift work means a system in which employees perform ordinary hours of work in separate shifts.
Division 2 Sick leave
10 Entitlement
(1) This section does not apply to—(a) casual employees; or(b) pieceworkers; or(c) school-based apprentices or trainees.(2) An employee is entitled to—(a) at least 8 days sick leave on full pay for each completed year of employment with an employer; and(b) for each completed period of employment of less than a year—at least 1 day’s sick leave on full pay for each completed 6 weeks of employment with an employer.(3) However, the employee’s entitlement is conditional on—(a) the employee promptly notifying the employer of—(i) any illness that will cause the employee to be absent from work; and(ii) the approximate period for which the employee will be absent; and(b) if the employee is absent for more than 2 days—(i) the employee giving the employer a doctor’s certificate about the nature of the illness and the approximate period for which the employee will be absent; or(ii) the employee giving the employer other evidence of the illness to the employer’s satisfaction.(4) Subsection (3) does not apply if—(a) an industrial instrument provides otherwise; or(b) the employee and employer agree otherwise.(5) Sick leave may be taken for part of a day.Examples—
1 An employee is ordinarily required to work for 8 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 5 hours that the employee is unable to work because of the sickness.2 An employee is ordinarily required to perform work for 40 hours a week over 5 days, but has come to an arrangement with the employer to work 10 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 10 hours sick leave, which equates to 11/4 days sick leave.(6) Sick leave accumulates, unless an industrial instrument provides otherwise.(7) This section does not operate to confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.(8) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(9) In subsections (2) and (5) —day, for an employee who is paid on the basis of the number of hours worked, means—(a) for an employee for whom an industrial instrument provides sick leave—a day within the meaning of the industrial instrument so far as it relates to sick leave; or(b) otherwise—one-fifth of the number of ordinary hours that the employee would ordinarily have been required to work in a week, averaged over each completed 6 weeks of employment with the employer.
Division 3 Annual leave
11 Entitlement
(1) This section does not apply to—(a) casual employees; or(b) pieceworkers; or(c) school-based apprentices or trainees.(2) For each completed year of employment with an employer, an employee is entitled to—(a) if the employee is not a shift worker—at least 4 weeks annual leave; or(b) if the employee is a shift worker—at least 5 weeks annual leave.(3) Annual leave is exclusive of a public holiday that falls during the leave.(4) However, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.(5) In working out a completed year of employment, the following periods when an employee is absent without pay are not to be taken into account—(a) a period of more than 3 months when an employee is absent with the employer’s approval;(b) a period when an employee is absent without the employer’s approval, unless the employee is absent for not more than 3 months because of illness or injury certified to by a doctor.(6) This section does not operate to confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.(7) Annual leave accumulates, unless an industrial instrument provides otherwise.(8) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(9) In this section—shift worker means an employee who—(a) is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and(b) works a rotating roster that includes each of the shifts.
12 Taking annual leave
(1) An employee and employer may agree when the employee is to take annual leave.(2) If the employee and employer can not agree, the employer—(a) may decide when the employee is to take leave; and(b) must give the employee at least 14 days written notice of the starting date of the leave.(3) An employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it.(4) If the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year.
13 Payment for annual leave
(1) Unless an employee and employer otherwise agree, the employer must pay the employee for annual leave in advance.(2) The employer must pay for the leave—(a) at the ordinary rate being paid to the employee immediately before the leave is taken; or(b) if, immediately before taking the leave, the employee is being paid at a higher rate than the ordinary rate—at the higher rate.(3) If an employee is entitled to receive an amount representing commission in the employee’s annual leave payment, the employer must pay the default average commission unless—(a) a relevant industrial instrument or contract between the employer and employee otherwise provides; or(b) the commission, on application, considers that the default average commission would not represent a fair amount in the circumstances.(4) If, on application under subsection (3) (b) , the commission considers that the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.(5) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.
(6) In this section—default average commission means—• the total commissions payable to the employee in the 1 year before the leave is taken, or during the employee’s period of employment, whichever is less• divided by 365.25, or the number of days in the employee’s period of employment, whichever is less• multiplied by the number of days starting on the day the leave commences and ending on the day before the employee is due to return to work.
13A Annual leave loading
(1) This section applies to an employee under any of the following instruments, unless the instrument provides otherwise—(a) an industrial instrument made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005;(b) a federal award made or varied after 1 September 2005;(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.(2) In addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 171/2% of the amount payable under section 13 (2) (a) .(3) However, if the employee’s employer pays the employee an amount (however the amount is described, including, for example, an annual leave bonus or annual leave loading) in addition to the employee’s annual leave entitlement under this division and that amount—(a) is less than 171/2% of the amount payable under section 13 (2) (a) —the employee is entitled to receive a further amount so that the employee receives the amount the employee is entitled to under subsection (2) ; or(b) is at least 171/2% of the amount payable under section 13 (2) (a) —the employee is not entitled to receive an amount under subsection (2) .(4) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.
14 Payment for annual leave on termination of employment
(1) This section applies if an employee’s employment is terminated by the employee or employer.(2) If the employee has not taken all the annual leave the employee is entitled to, the employee is presumed to have taken the leave from the day the termination takes effect (the termination day).(3) The employer must immediately pay the employee for the annual leave not taken, including any public holiday that falls in the period the employee is presumed to have taken the leave.(4) If the employee has been employed for any period of less than 1 year, the employer must pay the employee proportionate annual leave for the period.(5) The employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless an industrial instrument states otherwise.(6) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.
Division 3A Jury service leave
14A Jury service leave
(1) This section applies to an employee under any of the following instruments, unless the instrument provides otherwise—(a) an industrial instrument made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005;(b) a federal award made or varied after 1 September 2005;(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.(2) If the employee is required to attend for jury service, the employee—(a) is entitled to take jury service leave; and(b) must, as soon as is practicable, tell the employer about the requirement to attend for jury service and the period the employee is required to perform jury service.(3) If the employee is given a document relating to jury service, the employee must give the document, or a copy of it, to the employer.(4) For the period of jury service leave, the employer must pay the employee the difference between the following—(a) the amount stated in the document relating to jury service, or the copy, as the amount received as remuneration and allowances, other than meal allowances;(b) the ordinary rate the employee would have been paid if the employee had not taken jury service leave.(5) The amount payable under subsection (4) must be paid on or before the first pay day that is practicable after the employee gives the employer the employee’s document relating to jury service or a copy of it.(6) Also, if the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity.(7) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(8) In this section—document relating to jury service, in relation to an employee, means a document stating the employee’s attendance under a requirement to attend for jury service, the number of days of attendance and the amount received as remuneration and allowances, other than meal allowances, under the Jury Act 1995 .employee does not include a casual employee.jury service leave, in relation to an employee, means leave taken by an employee required to attend for jury service.required to attend for jury service, in relation to an employee, means the employee—(a) is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or(b) is instructed under the Jury Act 1995 , section 38 to attend for jury service.
Division 4 Public holidays
15 Public holidays
(1) An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.(2) Subsection (1) applies to an employee whether the employee—(a) works on the public holiday; or(b) does not work on that day because of the public holiday.(2A) Despite subsection (2) , subsection (1) applies to a school-based apprentice or trainee only if the apprentice or trainee works on the public holiday.(3) Subsection (1) does not apply—(a) to a casual employee or pieceworker; or(b) if the employee is rostered off on the public holiday.(4) If an employee who is bound by a relevant instrument does work on a public holiday, the employer must pay the employee—(a) for the greater of the hours worked or 4 hours—(i) if the employee would ordinarily be required to work on a day on which a public holiday falls—at the rate of 1.5 times the hourly rate, in addition to the amount payable under subsection (1) ; or(ii) if the employee would not ordinarily be required to work on a day on which a public holiday falls—at the rate of double time and a half; or(iii) if the employee is a casual employee—at the rate of double time and a half; and(b) if the employee works outside the employee’s ordinary working hours—at double the rate stated in the instrument for that work.(5) Subsections (3) and (4) do not apply if a relevant instrument provides otherwise.(6) Subject to another Act that restricts work or trading hours on particular days of the year, the employee and employer may agree that the employee work on a public holiday at ordinary rates in exchange for another day off on full pay.(7) The commission may confer on an employee an entitlement to extra annual leave on full pay, instead of extra pay, for work on a public holiday.(8) In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.(9) An employee, while employed by the 1 employer, is only entitled to leave on full pay for a show holiday once each calendar year.(10) If this section applies to an employee, without limiting the section, its provisions are taken to be terms of an industrial instrument applicable to the employee.(11) In this section—double time and a half means 2.5 times the hourly rate.ordinary working day means a day on which the employee would ordinarily be required to perform work.ordinary working hours, for an employee, means the hours between the employee’s ordinary starting time and ordinary finishing time under a relevant instrument.relevant instrument means any of the following—(a) an industrial instrument;(b) a federal award made or varied after 1 September 2005;(c) a federal agreement made, varied or approved after 1 September 2005, other than a federal agreement if the application to certify the agreement was made on or before 1 September 2005.show holiday means—(a) a public holiday appointed for an annual agricultural, horticultural or industrial show under the Holidays Act 1983 , section 4; or(b) for a district in which a public holiday is not appointed for an annual agricultural, horticultural or industrial show—the day agreed on by the employee and employer under subsection (8) .
Part 2 Family leave
Division 1 Preliminary
15A Who is a long term casual employee for pt 2
(1) A long term casual employee is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under this part.(2) The periods of employment mentioned in subsection (1) include periods before and after the commencement of this section.
Division 2 Parental leave
16 Who this division does not apply to
This division does not apply to—(a) casual employees, other than long term casual employees; or(b) seasonal employees; or(c) pieceworkers.
17 Definitions for pt 2
In this part—adoption leave means short adoption leave or long adoption leave.child means—(a) for adoption leave—a child who is under the age of 5 years, but does not include a child who—(i) has previously lived continuously with the employee for a period of at least 6 months; or(ii) is the child or stepchild of the employee or employee’s spouse; or(b) for surrogacy leave—a child born as a result of a surrogacy arrangement.intended parent, for a surrogacy arrangement, see the Surrogacy Act 2010 , section 9.long adoption leave means leave taken by an employee to enable the employee to be the primary caregiver of an adopted child.long parental leave means—(a) for a pregnant employee—maternity leave; or(b) for an employee whose spouse gives birth—leave taken by the employee to enable the employee to be the child’s primary caregiver.long surrogacy leave means leave taken by an employee to enable the employee to be the primary caregiver of a child born as a result of a surrogacy arrangement.maternity leave means leave that a pregnant employee takes—(a) for the birth of her child; or(b) to enable her to be the child’s primary caregiver.parental leave means long parental leave, short parental leave, adoption leave or surrogacy leave.parental leave entitlement means the parental leave entitlement mentioned in section 18 (2) , (3) , (4) or (4A) .short adoption leave means leave taken by an employee at the time of the placement of an adopted child with the employee.short parental leave means leave taken by an employee, in connection with the birth of a child of the employee’s spouse, at the time of—(a) the birth of the child; or(b) the other termination of the pregnancy.short surrogacy leave means leave taken by an employee when a child born as a result of a surrogacy arrangement starts residing with the employee.short term casual employee means a casual employee, other than a long term casual employee.surrogacy arrangement see the Surrogacy Act 2010 , section 7.surrogacy leave means long surrogacy leave or short surrogacy leave.
18 Entitlement
(1) This section details the parental leave entitlement of an employee for—(a) an employee who is not a long term casual employee and who has had at least 12 months continuous service with the employer; or(b) a long term casual employee.(2) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid maternity leave—(a) for the child’s birth; and(b) to be the child’s primary caregiver.(3) For the birth of a child of an employee’s spouse, the employee is entitled to the following leave—(a) an unbroken period of up to 1 week’s unpaid short parental leave;(b) a further unbroken period of up to 51 weeks unpaid long parental leave.(4) For the adoption of a child, an employee is entitled to the following leave—(a) an unbroken period of up to 3 weeks unpaid short adoption leave;(b) a further unbroken period of up to 49 weeks unpaid long adoption leave.(4A) An employee who is an intended parent under a surrogacy arrangement is entitled to the following leave—(a) an unbroken period of up to 1 week’s unpaid short surrogacy leave;(b) a further unbroken period of up to 51 weeks unpaid long surrogacy leave.(5) However, parental leave must not extend—(a) beyond 1 year after the child was born or adopted or started residing with the employee under the surrogacy arrangement; or(b) if an application for an extension of parental leave under section 29A is agreed to—beyond 2 years after the child was born or adopted or started residing with the employee under the surrogacy arrangement.(6) In this section—continuous service means service, including a period of authorised leave or absence, under an unbroken employment contract.
19 Notices and documents—maternity leave
(1) This section applies if a pregnant employee wants to take maternity leave.(2) The employee must give the employer—(a) at least 10 weeks written notice of intention to take the leave; and(b) at least 4 weeks written notice of the dates on which she wants to start and end the leave.(3) The employee must, before starting the leave, give the employer—(a) a doctor’s certificate confirming that she is pregnant and the expected date of birth; and(b) a statutory declaration by the employee stating the period of any parental leave sought by her spouse.
20 Notices and documents—parental leave other than maternity, adoption or surrogacy leave
(1) This section applies if an employee wants to take parental leave, other than maternity leave, adoption leave or surrogacy leave.(2) The employee must give the employer—(a) for long parental leave—at least 10 weeks written notice of intention to take the leave; and(b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.(3) The employee must, before starting the leave, give the employer—(a) a doctor’s certificate confirming that the employee’s spouse is pregnant and the expected date of birth; and(b) for long parental leave—a statutory declaration by the employee stating—(i) the period of any maternity leave sought by the employee’s spouse; and(ii) the employee is seeking the leave to be the child’s primary caregiver.
21 Notices and documents—adoption leave
(1) This section applies if an employee wants to take adoption leave.(2) The employee must give the employer—(a) for long adoption leave—written notice of any approval to adopt a child at least 10 weeks before the expected date of placement of the child for adoption purposes (the expected placement date); and(b) written notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected placement date but, in any case, at least 14 days before starting the leave.(3) The employee must, before starting the leave, give the employer—(a) a statement from an adoption agency of the expected placement date; and(b) for long adoption leave—a statutory declaration by the employee stating—(i) the period of any adoption leave sought by the employee’s spouse; and(ii) the employee is seeking the leave to be the child’s primary caregiver.(4) In this section—adoption agency means an agency, body, office or court, authorised by a Commonwealth or State law to perform functions about adoption.
21A Notices and documents—surrogacy leave
(1) This section applies if an employee wants to take surrogacy leave.(2) The employee must give the employer—(a) for long surrogacy leave—written notice of intention to take the leave at least 10 weeks before the expected date when a child is to start residing with the employee under the surrogacy arrangement (the expected residence date); and(b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.(3) The employee must, before starting the leave, give the employer a statutory declaration by the employee stating—(a) the employee is an intended parent under a surrogacy arrangement; and(b) the expected residence date; and(c) for long surrogacy leave—(i) the period of leave sought by the employee; and(ii) the period of any surrogacy leave sought by the employee’s spouse; and(iii) the employee is seeking the leave to be the child’s primary caregiver.
22 Reasons not to give notice or documents
(1) An employee does not fail to comply with section 19 , 20 , 21 or 21A if the failure was caused by—(a) the child being born, or the pregnancy otherwise terminating, before the expected date of birth; or(b) the child being placed for adoption before the expected placement date; or(ba) the child starting to reside with the employee before the expected residence date; or(c) another reason that was reasonable in the circumstances.(2) However, the employee must give the employer—(a) notice of the period of the leave within 2 weeks after the birth or placement; and(b) in the case of the birth of a living child—a doctor’s certificate stating the date on which the child was born.
23 Notice of change to situation
An employee must notify the employer of any change in the information provided under section 19 , 20 , 21 or 21A within 2 weeks after the change.
24 Continuity of service
(1) Parental leave does not break an employee’s continuity of service.(2) Parental leave is not to be taken into account in working out the employee’s period of service, other than—(a) to decide the employee’s entitlement to a later period of parental leave; or(b) as expressly provided in this Act, an industrial instrument or employment contract.
25 Spouses not to take parental leave at same time
(1) An employee is not entitled to parental leave, other than short parental leave, short adoption leave or short surrogacy leave, when his or her spouse is on parental leave.(2) If the employee contravenes subsection (1) , the period of parental leave that the employee is entitled to is reduced by the period of leave taken by his or her spouse.
26 Cancelling parental leave
(1) Parental leave applied for but not started is automatically cancelled if—(a) the employee withdraws the application for leave by written notice to the employer; or(b) the pregnancy terminates other than by the birth of a living child; or(c) the placement of the child with the employee for adoption purposes does not proceed; or(d) a child does not start residing with the employee under the surrogacy arrangement.(2) If, while an employee is on parental leave—(a) the pregnancy terminates other than by the birth of a living child; or(b) the child in relation to whom the employee is on parental leave dies; or(c) the placement of the child with the employee for adoption purposes does not proceed or continue; or(d) the residence of the child with the employee under the surrogacy arrangement does not start or continue;the employee is entitled to resume work at a time nominated by his or her employer within 2 weeks after the day on which the employee gives his or her employer a written notice stating the employee intends to resume work and the reason for the resumption.
(3) This section does not affect an employee’s entitlement to special maternity leave or sick leave under section 37 .
27 Parental leave with other leave
(1) An employee may take any annual leave or long service leave to which the employee is entitled instead of or together with parental leave.(2) However, the total period of leave can not extend beyond the total period allowed under section 18 .(3) While the employee is on unpaid parental leave, the employee is not entitled to paid sick leave or other paid leave, unless the employer agrees.(4) In this section—other paid leave means paid leave authorised by law or by an industrial instrument or employment contract.
28 Interruption of parental leave by return to work
(1) An employee and employer may agree that the employee break the period of parental leave by returning to work for the employer, whether on a full-time, part-time or casual basis.(2) The period of parental leave can not be extended by the return to work beyond the total period allowed under section 18 .
29 Extending period of parental leave by notice
(1) An employee may extend the period of parental leave once only by written notice given to the employer at least 14 days—(a) before the start of the parental leave; or(b) if the parental leave has been started—before the parental leave ends.(2) The notice must state when the extended period of parental leave ends.(3) The total period of parental leave can not be extended under subsection (1) beyond the total period mentioned in section 18 (5) (a) .
29A Extending period of parental leave by agreement
(1) A pregnant employee entitled to maternity leave under section 18 (2) , or an employee who is taking maternity leave, may apply to the employer for an extension of the maternity leave for an unbroken period of up to 104 weeks in total.(2) An employee entitled to parental leave for the birth of a child of the employee’s spouse under section 18 (3) , or who is taking parental leave for the birth, may apply to the employer for either or both of the following—(a) an extension of the short parental leave for an unbroken period of up to 8 weeks in total;(b) an extension of the long parental leave for an unbroken period of up to 96 weeks in total.(3) An employee entitled to parental leave for the adoption of a child under section 18 (4) , or who is taking adoption leave for the adoption, may apply to the employer for either or both of the following—(a) an extension of the short adoption leave for an unbroken period of up to 8 weeks in total;(b) an extension of the long adoption leave for an unbroken period of up to 96 weeks in total.(3A) An employee entitled to parental leave under section 18 (4A) , or who is taking surrogacy leave, may apply to the employer for either or both of the following—(a) an extension of the short surrogacy leave for an unbroken period of up to 8 weeks in total;(b) an extension of the long surrogacy leave for an unbroken period of up to 96 weeks in total.(4) An employee may not make more than 1 application under subsection (1) , (2) or (3) within any 12-month period, unless the employer agrees.
29B Employee on parental leave may apply to work part-time
(1) An employee on parental leave may apply to the employer to return to work on a part-time basis.(2) An employee may not make more than 1 application under this section within any 12-month period, unless the employer agrees.
29C Application for extension or part-time work
(1) An application mentioned in section 29A or 29B must—(a) be in writing; and(b) be made—(i) for an application for an extension of short parental leave, short adoption leave or short surrogacy leave—at least 2 business days before the leave ends; or(ii) for an application for an extension of maternity leave, long parental leave, long adoption leave or long surrogacy leave—at least 4 weeks before the leave ends; or(iii) for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; and(c) state that it is an application for an extension of parental leave under section 29A or an application to return to work on a part-time basis under section 29B , as appropriate; and(d) state the dates the extension, or return to work on a part-time basis, being applied for is to start and end; and(e) state the impact refusal of the application might have on the employee and the employee’s dependants; and(f) be accompanied by a statutory declaration by the employee stating—(i) for an application for an extension of maternity leave, long parental leave, long adoption leave or long surrogacy leave—the employee is seeking the extension so the employee can continue to be the child’s primary caregiver; or(ii) for an application to return to work on a part-time basis—the employee is seeking to work on a part-time basis so the employee can continue to be the child’s primary caregiver when not at work.(2) The period in relation to which an application under section 29B may be made can not extend beyond the day the child in relation to whom parental leave was taken is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 2006 .(3) A person may apply under section 29A or 29B even if the person started parental leave before the commencement of this section.
29D Employer to give proper consideration to application for extension or part-time work
(1) In deciding whether to agree to an application for an extension of the period of parental leave under section 29A or an application to return to work on a part-time basis under section 29B , the employer must consider the following—(a) the particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee’s role as the child’s caregiver;(b) the impact refusal of the application might have on the employee and the employee’s dependants;(c) the effect that agreeing to the application would have on the conduct of the employer’s business, including, for example—(i) any additional cost the employer would incur; and(ii) the employer’s capacity to reorganise work arrangements; and(iii) the availability of competent replacement staff; and(iv) any loss of efficiency in the conduct of the employer’s business; and(v) the impact of the employee’s absence or temporary absence on the delivery of customer service.(2) The employer must not unreasonably refuse an application under section 29A or 29B .(3) The employer must advise the employee, in writing, of the employer’s decision—(a) if the application is for an extension of short parental leave, short adoption leave or short surrogacy leave—as soon as possible after receiving the application but before the short parental leave, short adoption leave or short surrogacy leave ends; or(b) for any other application—within 14 days after receiving the application.(4) If the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.
30 Shortening period of parental leave
If the employer agrees, an employee may shorten parental leave by written notice given to the employer at least 14 days before the employee wants to return to work.
31 Effect on parental leave of ceasing to be the primary caregiver
(1) This section applies if—(a) during a substantial period starting on or after the start of an employee’s long parental leave, long adoption leave or long surrogacy leave, the employee is not the child’s primary caregiver; and(b) considering the length of the period and any other relevant circumstances, it is reasonable to expect the employee will not again become the child’s primary caregiver within a reasonable period.(2) The employer may notify the employee of the day, at least 4 weeks after the employer gives the notice, on which the employee must return to work.(3) If the employee returns to work, the employer must cancel the rest of the leave.
32 Return to work after parental leave etc.
(1) This section applies to—(a) an employee who returns to work after parental leave; or(b) a female employee who returns to work after special maternity leave or sick leave under section 37 .(2) The employee is entitled to be employed in—(a) the position held by the employee immediately before starting parental leave; or(b) if the employee worked part-time because of the pregnancy before starting maternity leave—the position held by the employee immediately before starting part-time work; or(c) if the employee was transferred to a safe job under section 36 before starting maternity leave—the position held by the employee immediately before the transfer.(3) If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee’s former position.(4) An employer must make a position to which an employee is entitled available to the employee.(5) If a long term casual employee’s hours were reduced because of the pregnancy before starting maternity leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.
33 Employer’s obligation to advise about parental leave entitlements
(1) On becoming aware that an employee or an employee’s spouse is pregnant, or that an employee is adopting a child, or that an employee is an intended parent under a surrogacy arrangement, an employer must inform the employee of—(a) the employee’s entitlement to parental leave under this division; and(b) the employee’s obligations to notify the employer of any matter under this division.(2) An employer can not rely on an employee’s failure to give a notice or other document required by this division unless the employer establishes that subsection (1) has been complied with.
34 Dismissal because of pregnancy or parental leave
(1) An employer must not dismiss an employee because—(a) the employee or employee’s spouse is pregnant or has applied to adopt a child; or(b) the employee or employee’s spouse has given birth to a child or adopted a child; or(ba) the employee is an intended parent under a surrogacy arrangement or a child has started residing with the employee under a surrogacy arrangement; or(c) the employee has applied for, or is absent on, parental leave.(2) This section does not affect any other rights of—(a) an employer to dismiss an employee; or(b) a dismissed employee.
35 Replacement employees
(1) The employer must, before a replacement employee starts employment, give the replacement employee a written notice informing the replacement employee of—(a) the temporary nature of the employment; and(b) the parent’s right to return to work.(2) In this section—replacement employee means—(a)a person who is specifically employed because an employee (the parent)—(i) starts parental leave; or(ii) is transferred to a safe job under section 36 ; or(b) a person replacing an employee who is temporarily promoted or transferred to replace the parent.
36 Transfer to a safe job
(1) This section applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or newborn child.(2) The assessment of the risk is to be made on the basis of—(a) a doctor’s certificate given by the employee to the employer; and(b) the employer’s duties under the Work Health and Safety Act 2011 .(3) The employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk.(4) If an adjustment is not feasible or can not reasonably be required to be made, the employer must transfer the employee to other appropriate work that—(a) will not expose her to the risk; and(b) is, as nearly as possible, comparable in status and remuneration to that of her present work.(5) If a transfer is not feasible or can not reasonably be required to be made, the employer must grant the employee maternity leave, or any available paid sick leave, for as long as a doctor certifies it is necessary to avoid exposure to the risk.
37 Special maternity leave and sick leave
(1) This section applies if, before an employee starts maternity leave—(a) the employee’s pregnancy terminates before the expected date of birth, other than by the birth of a living child; or(b) the employee suffers illness related to her pregnancy.(2) For as long as a doctor certifies it to be necessary, the employee is entitled to the following types of leave—(a) unpaid leave (special maternity leave);(b) paid sick leave, either instead of, or as well as, special maternity leave.
38 Special adoption leave
An employee who is seeking to adopt a child is entitled to up to 2 days unpaid leave to attend compulsory interviews or examinations as part of the adoption procedure.
38AA Special surrogacy leave
An employee who is an intended parent under a surrogacy arrangement is entitled to up to 2 days unpaid leave to attend compulsory interviews or court hearings associated with the surrogacy arrangement.
38A Employer’s obligation to advise about significant change at the workplace
(1) This section applies—(a) if an employer decides to implement significant change at a workplace; and(b) whether or not the decision was made before the commencement of this section if the decision had not been implemented at the commencement.(2) The employer must take reasonable action to advise each employee who is absent from the workplace on parental leave about the proposed change before it is implemented.(3) The advice must inform the employee of the change and any effect it will have on the position the employee held before starting parental leave, including, for example, its status or the level of responsibility attaching to the position.(4) The employer must give the employee a reasonable opportunity to discuss any significant effect the change will have on the employee’s position.
38B Employee’s obligations to advise employer about particular changes
(1) An employee who is absent on parental leave must advise the employer of any change in the employee’s contact details, including any change of address.Note—
Advice given under subsection (1) may be used by an employer for section 38A if a need arises to advise the employee about significant change at the workplace.(2) An employee who is absent on parental leave must also take reasonable steps to advise the employer of any significant change affecting the following as soon as possible after the change happens—(a) the length of the employee’s parental leave;(b) the date the employee intends to return to work;(c) an earlier decision to return to work on a full-time basis or to apply to return to work on a part-time basis.
38C Review of ss 29A–29D
(1) The full bench must review the operation of sections 29A , 29B , 29C and 29D —(a) on its own initiative; or(b) on the Minister’s direction.(2) In the absence of a direction from the Minister, the full bench must start a review on its own initiative within 3 years after the commencement of this section.(3) In undertaking a review, the full bench must consider, in particular—(a) whether the sections are meeting the reasonable needs of employees; and(b) the impact the operation of the sections is having on the ability of employers to conduct their businesses efficiently.(4) The full bench must report the result of a review, and make recommendations, to the Minister.
Division 3 Carer’s leave
39 Employee’s entitlement to carer’s leave
(1) An employee may use up to 10 days of sick leave on full pay (carer’s leave) in each year to care for and support members of the employee’s immediate family or household—(a) when they are ill; or(b) because an unexpected emergency arises.Example for paragraph (b)—
unexpected failure of child care arrangements(2) If the employee has exhausted his or her entitlement under subsection (1) , the employee may take up to an additional 2 days unpaid carer’s leave each time the employee needs to care for and support members of the employee’s immediate family or household—(a) when they are ill; or(b) because an unexpected emergency arises.(3) The employee may take additional unpaid carer’s leave if the employer agrees.(4) An employee can not take carer’s leave if another person has taken leave to care for the same person unless there are special circumstances requiring more than 1 person to care for the person.(5) Carer’s leave may be taken for part of a day.(6) In this section—employee does not include casual employee.sick leave includes sick leave accrued before the commencement of this section.
39A Long term casual employee’s entitlement to carer’s leave
(1) A long term casual employee is entitled to 10 days unpaid leave (also carer’s leave) in each year to care for and support members of the employee’s immediate family or household—(a) when they are ill; or(b) because an unexpected emergency arises.(2) The long term casual employee may take additional unpaid carer’s leave if the employer agrees.(3) A long term casual employee can not take carer’s leave if another person has taken leave to care for the same person unless there are special circumstances requiring more than 1 person to care for the person.(4) Carer’s leave may be taken for part of a day.(5) The employer must not fail to re-engage a long term casual employee only because the long term casual employee has taken carer’s leave under this section.(6) However, the rights of an employer not to re-engage a long term casual employee are not otherwise affected.
39B Short term casual employee’s entitlement to carer’s leave
(1) A short term casual employee is entitled to leave work or to be unavailable to attend work for up to 2 days (also carer’s leave) each time the employee needs to care for and support members of the employee’s immediate family or household—(a) when they are ill; or(b) because an unexpected emergency arises; or(c) because of the birth of a child.(2) The short term casual employee may leave work or be unavailable to attend work for reasons mentioned in subsection (1) for additional periods if the employer agrees.(3) A short term casual employee can not take carer’s leave if another person has taken leave to care for the same person unless there are special circumstances requiring more than 1 person to care for the person.(4) Carer’s leave may be taken for part of a day.(5) The employer must not fail to re-engage a short term casual employee only because the short term casual employee has taken carer’s leave under this section.(6) However, the rights of an employer not to re-engage a short term casual employee are not otherwise affected.(7) Leave taken under this section is unpaid.
39C Employees etc. to provide supporting information to employer
(1) If an employee is taking carer’s leave to care for and support a member of the employee’s immediate family or household who is ill, the employee must, if required by the employer, produce a doctor’s certificate or statutory declaration evidencing that the member is ill with an illness requiring care by another.(2) An employee must, if practicable, give the employer—(a) notice of the intention to take carer’s leave before taking the leave; and(b) the name of the person requiring care and the person’s relationship to the employee; and(c) the reason for taking the leave; and(d) the period that the employee estimates he or she will be absent; and(e) if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.(3) If it is not practicable for the employee to notify the employer of the intention to take carer’s leave before taking the leave, the employee must notify the employer at the first reasonable opportunity.
Division 4 Bereavement leave
40 Entitlement
(1) This section does not apply to pieceworkers.(2) An employee, other than a long term casual employee or short term casual employee, is entitled to—(a) at least 2 days bereavement leave on full pay on the death of a member of the person’s immediate family or household; and(b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.(3) A long term casual employee is entitled to—(a) at least 2 days unpaid bereavement leave on the death of a member of the person’s immediate family or household; and(b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.(4) A short term casual employee is entitled to be unavailable to attend work—(a) for up to 2 days on unpaid bereavement leave on the death of a member of the person’s immediate family or household; and(b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.(5) The employee must give the employer a copy of the funeral notice or other evidence of the death the employer reasonably requires.(6) An employee may take additional leave as unpaid bereavement leave if the employer agrees.(7) The employer must not fail to re-engage a casual employee only because the casual employee has taken bereavement leave under this section.(8) However, the rights of an employer not to re-engage a casual employee are not otherwise affected.
Division 4A Cultural leave
40A Entitlement
(1) An employee may take up to 5 days unpaid cultural leave in each year, if the employer agrees.(2) The employer must not unreasonably refuse the leave.(3) In considering the employee’s request for leave, the employer must consider at least the following—(a) the employer’s capacity to reorganise work arrangements to accommodate the employee’s request;(b) the impact of the employee’s absence on the delivery of customer service;(c) the particular circumstances of the employee;(d) the impact of a refusal on the employee, including the employee’s ability to balance his or her work and family responsibilities.(4) The employee must, if practicable, give the employer—(a) reasonable notice of the intention to take cultural leave before taking the leave; and(b) the reason for taking the leave; and(c) the period that the employee estimates the employee will be absent.(5) If it is not practicable for the employee to give the notice before taking the leave, the employee must give the employer notice of the matters in subsection (4) (b) and (c) at the first opportunity.(6) It is declared that leave provided under this section is a welfare measure for the purposes of the Anti-Discrimination Act 1991 , section 104.(7) In this section—employee means an employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony.
Division 5 General
41 Relationship to other rights and industrial instruments
(1) This part has effect despite—(a) another law of the State; or(b) an industrial instrument or order;to the extent that the law, instrument or order provides an employee with a benefit that is less favourable to the employee.(2) To the extent a provision of this part, other than section 38C , applies to an employee, without limiting the provision, the provision is taken to be a term of an industrial instrument applicable to the employee.
Part 3 Long service leave
Division 1 Definitions for part 3
42 Definitions for pt 3
In this part—continuous service of an employee means—(a) in section 50 —the period of continuous service the employee is taken to have had with an employer under section 50 (4) ; and(b) elsewhere—the employee’s continuous service with the same employer (whether wholly in the State, or partly in and partly outside the State).owner of a meat works includes a person who carries on the business of the works.period between seasons includes the period between—(a) the end of 1 season and the start of the next season; and(b) for a particular employee—the day the employee stops employment in 1 season and the day the employee starts employment in the next season.season means a period (whether falling completely in 1 calendar year or partly in 1 calendar year and partly in the next calendar year) when—(a) for the sugar industry—(i) sugar cane is delivered to, and crushed at, a sugar mill; or(ii) sugar cane is harvested, or farm work is performed, in the sugar industry; or(b) for a meat works—stock are delivered to, and slaughtered at, the works.
Division 1A Relationship between parts 3 and 6
42A Application of pt 6 for particular purposes
To remove any doubt, it is declared that the provisions of part 6 are to be applied when working out an employee’s rights and entitlements to long service leave under this part or an industrial instrument.
Division 2 Employees generally
43 Entitlement
(1) This section applies to all employees, other than seasonal employees.(2) An employee is entitled to long service leave on full pay of—(a) for the first 10 years continuous service—8.6667 weeks; and(b) if the employee has completed at least a further 5 years continuous service—another period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.(3) An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.(4) However, if the employee’s service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if—(a) the employee’s service is terminated because of the employee’s death; or(b) the employee terminates the service because of—(i) the employee’s illness or incapacity; or(ii) a domestic or other pressing necessity; or(c) the termination is because the employer—(i) dismisses the employee for a reason other than the employee’s conduct, capacity or performance; or(ii) unfairly dismisses the employee; or(d) the termination is because of the effluxion of time and—(i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and(ii) the employee was prepared to continue the employment with the employer.(5) Long service leave is exclusive of a public holiday that falls during the period of the leave.(6) An employee who is entitled to long service leave elsewhere than under this Act, is entitled to leave that is at least as favourable as the entitlement under this section.(7) For the purposes of working out when an employee may take long service leave, only two-thirds of the employee’s continuous service completed before the commencement of this subsection counts as continuous service.(8) Subsection (7) does not reduce an entitlement to long service leave that an employee has accrued before subsection (7) commences.Examples of subsections (7) and (8) —
An employee has completed 15 years continuous service immediately before the commencement. The 15 years counts as 10 years continuous service for working out when the employee may take long service leave. The employee may take the leave immediately. The employee’s entitlement then is 13 weeks (15 x 0.86667 weeks).An employee has completed 10 years continuous service immediately before the commencement. The 10 years counts as 6.6667 years continuous service for working out when the employee may take long service leave. The employee may take the leave after completing another 3.3333 years continuous service. The employee’s entitlement then will be 11.5556 weeks ([10 + 3.3333] x 0.86667 weeks).An employee has completed 1 year continuous service immediately before the commencement. The 1 year counts as 0.6667 years continuous service for working out when the employee may take long service leave. The employee may take the leave after completing another 9.3333 years continuous service. The employee’s entitlement then will be 8.9556 weeks ([1 + 9.3333] x 0.86667 weeks).An employee starts employment after the commencement. The employee may take long service leave after completing 10 years continuous service. The employee’s entitlement then will be 8.6667 weeks (10 x 0.86667 weeks).(9) In this section—proportionate payment means a payment equal to the employee’s full pay for a period that bears to 8.6667 weeks the proportion that the employee’s period of continuous service (stated in years, and a fraction of a year if necessary) bears to 10 years.
44 Working out continuity of service for service before 23 June 1990
(1) This section applies to service of all employees who are not casual employees before 23 June 1990.(2) The repealed Industrial Conciliation and Arbitration Act 1961, sections 17, 18 , 19 and 20 , applies to—(a) the determination of the employee’s continuous service before 23 June 1990; and(b) the calculation of the employee’s entitlement to long service leave in relation to continuous service before 23 June 1990.
45 Taking long service leave
(1) The commission may insert in an industrial instrument provisions—(a) about the time when, the way in which, and the conditions on which, long service leave may be taken; or(b) to the effect that leave in the nature of long service leave taken, before the provisions take effect, by an employee bound by the instrument must be deducted from the long service leave that the employee becomes entitled to under the provisions.(2) An employee and employer may agree when the employee is to take long service leave.(3) If the employee and employer can not agree, the employer may decide when the employee is to take leave by giving the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.(4) Subsection (3) applies subject to an industrial instrument.
46 Payment for long service leave
(1) The employer must pay the employee for long service leave at the ordinary rate being paid to the employee immediately before the leave is taken.(2) However, if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate, the employer must pay the employee at the higher rate.(3) An employer must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the employer’s obligation under subsection (2) .(4) If satisfied an employer has done so, the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.(5) If, during the employee’s leave—(a) the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period that the increased rate applies to; or(b) the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period that the reduced rate applies to.(6) If an employee is entitled to receive an amount representing commission in the employee’s long service leave payment, the employer must pay the default average commission unless—(a) a relevant industrial instrument or contract between the employer and employee otherwise provides; or(b) the commission, on application, considers that the default average commission would not represent a fair amount in the circumstances.(7) If, on application under subsection (6) (b) , the commission considers that the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.(8) If a dispute arises between an employee who is paid at piecework rates and the employer about the rate the employee should be paid for long service leave, the commission may decide the rate payable.(9) An employee and employer may agree on the times when, and the way in which, the employee will be paid for long service leave.(10) The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.(11) An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.(12) In this section—default average commission means—• the total commissions payable to the employee in the 1 year before the leave is taken• divided by 52.179• multiplied by the number of weeks leave for which payment is being made.usual rate means the rate at which the employee is being paid for ordinary time, being a rate that is higher than the ordinary rate.
Division 3 Casual or regular part-time employees
47 Continuity of service—additional considerations for casual employees
(1) The service of an employee (a casual employee) who is employed more than once by the same employer over a period is continuous service with the employer even though—(a) the employment is broken; or(b) any of the employment is not full-time employment; or(c) the employee is employed by the employer under 2 or more employment contracts; or(d) the employee would, apart from this section, be taken to be engaged in casual employment; or(e) the employee has engaged in other employment during the period.(2) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 employment contract and the start of the next employment contract.(3) In working out the length of an employee’s continuous service—(a) the following service must not be taken into account—(i) service by the employee before 23 June 1990;(ii) if the employee only obtained the entitlement because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17—the employee’s service between 23 June 1990 and 30 March 1994; and(b) subject to subsection (2) , a period when the employee was not employed by the employer must be taken into account.(4) Subsection (3) (a) (i) does not affect an employee’s entitlement to long service leave under—(a) an award made before 23 June 1990; or(b) the repealed Industrial Conciliation and Arbitration Act 1961.(5) This section does not limit any other entitlement to long service leave that an employee may have.
48 Taking long service leave—alternative provision for casual or regular part-time employees
(1) An employer may agree with a casual or regular part-time employee that the entitlement to long service leave may be taken in the form of its full-time equivalent.Example—
If an employee—(a) is entitled to be paid for 260 hours long service leave; and(b) works under an award that provides for a full-time working week of 40 ordinary working hours;the employee and the employer may agree that the employee take 61/2 weeks leave (260 ÷ 40 = 61/2).(2) This section applies subject to a provision in an industrial instrument about the employee’s long service leave.
49 Payment for long service leave
(1) This section applies if an employee who is entitled to long service leave was a casual employee or regular part-time employee at any time during the employee’s continuous service to which the long service leave relates.(2) The minimum amount payable to the employee for long service leave is worked out using the formula—Example—
An employee who worked 15600 ordinary working hours over a 10-year period and is being paid an hourly rate of $12 is entitled to be paid—(7) In this section—actual service means the total ordinary working hours actually worked by an employee during the employee’s period of continuous service.casual employee means an employee mentioned in section 47 (1) .hourly rate means the hourly rate for ordinary time payable to the employee—(a) if the employee takes the long service leave—on the day that the employee starts the leave; or(b) if the employee’s employment is terminated—on the date that the termination takes effect.
Division 4 Seasonal employees
50 Entitlement—employees in sugar industry and meat works
(1) This section applies to the following seasonal employees—(a) an employee employed in seasonal employment in the sugar industry;(b) an employee employed in or about meat works in seasonal employment by the meat works owner.(2) The employee is entitled to long service leave on full pay of at least the number of weeks worked out using the following formula—Example—
An employee who worked half of each year, over a 10-year period, is entitled to half the section 43 entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5/10= 4.3334).(3) Service with the employer of an employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account in working out the length of the employee’s continuous service.(4) A period between seasons when the employee is not employed by the employer must be taken into account in working out the length of an employee’s continuous service if—(a) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and(b) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.(5) If an employee is employed by the employer between seasons, the part of the period between seasons when the employee is employed must be taken into account in working out the length of the employee’s actual service.(6) An employee who is entitled to long service leave elsewhere than under this Act, is entitled to leave that is at least as favourable as the entitlement under this section.(7) In this section—actual service means the total ordinary time actually worked by an employee during the employee’s period of continuous service.section 43 entitlement means the entitlement to long service leave of an employee under section 43 .
51 Taking long service leave—employees in sugar industry and meat works
(1) This section applies to the following seasonal employees—(a) an employee employed in seasonal employment in the sugar industry;(b) an employee employed in or about meat works in seasonal employment by the meat works owner.(2) An employee may take long service leave between seasons.(3) If an employee takes leave between seasons, the leave is taken to have started when the employee last ceased employment with the employer.
52 Other seasonal employees
The commission may decide the entitlement to long service leave of an employee—(a) who is employed in seasonal employment, but who is not employed—(i) in the sugar industry; or(ii) in or about meat works; or(b) who is employed in other periodic employment that is not defined as casual employment by the relevant industrial instrument.
Division 5 Miscellaneous
53 Payment instead of long service leave
(1) An employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave if subsection (2) or (3) applies.(2) If the relevant industrial instrument provides for the employee to be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made, in accordance with the industrial instrument, if the employee and employer agree by a signed agreement.(3) If no industrial instrument provides for the employee to be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave, payment may be made only if the payment is ordered by the commission on application by the employee.
< meeting, for chapter 12, see section 409 .Commonwealth Act means the Fair Work Act 2009 (Cwlth).Commonwealth award ...Commonwealth (Registered Organisations) Act means Fair Work (Registered Organisations) Act 2009 (Cwlth).complaint, for chapter 12, part 15A—(a) generally means a complaint made under section 636A ; and(b) for chapter 12, part 15A, division 3—see also section 636I .complaints auditor see section 636L (2) .complying superannuation fund see Superannuation Industry (Supervision) Act 1993 (Cwlth).conciliating member, for chapter 6, see section 140K .conciliation report, for chapter 6, see section 140K .conciliation period, for chapter 6, see section 140K .conduct, for chapter 4, see section 102 .conflict of interest issue has the meaning given by the Integrity Act 2009 , section 10.conscientious beliefs, for chapter 4, see section 102 .constituent part, for chapter 12, part 15, see section 616 .construction means building and construction, civil and engineering construction or demolition work.continuing health employee, for chapter 11, part 2, division 3, see section 390A .continuous service—(a) for chapter 2, part 2, see section 18 ; and(b) for chapter 2, part 3, see section 42 ; and(c) for chapter 2A, part 2, division 6, see section 71H .contracted work, for chapter 11, part 2, see section 376 .convicted of a disqualifying offence, for chapter 12, part 9, see section 514 .convicted person, for chapter 12, part 9, see section 515 .corporation, for chapter 12, see section 410 .counterpart federal body, for chapter 12, see section 411 .court see section 242 .decision means—(a) a decision of the court, the commission, a magistrate or the registrar; or(b) an award, declaration, determination, direction, judgment, order or ruling; or(c) an agreement approved, certified, or amended by the commission and an extension of the agreement.declared employee, for chapter 16, part 2, see section 692A .declared employer, for chapter 16, part 2, see section 692A .defect, for chapter 12, see section 409 .demarcation dispute includes—(a) a dispute arising between 2 or more organisations, or within an organisation, about the rights, status or functions of members of the organisations or organisation in relation to the employment of the members; and(b) a dispute arising between employers and employees, or between members of different organisations, about the demarcation of functions of employees or classes of employees; and(c) a dispute about the representation under this Act of the industrial interests of employees by an association or employee organisation.demarcation dispute undertaking, for chapter 12, see section 409 .deputy president means—(a) a deputy president (court); or(b) a person appointed as a deputy president of the commission under section 258A .deputy president (court) means a person appointed as a deputy president (court) of the court under section 246C .deputy registrar see section 300 .deregistered organisation, for chapter 12, see section 409 .deregistration, for chapter 12, see section 409 .deregistration order, for chapter 12, part 16, see section 638 .designated award, in relation to a person to whom a certified agreement will apply, means an award that the commission under section 163 has decided is appropriate for deciding whether a certified agreement passes the no-disadvantage test.direct voting system, for chapter 12, part 4, see section 438 .discrimination means discrimination—(a) that would contravene the Anti-Discrimination Act 1991 ; or(b) on the basis of sexual preference; or(c) on the basis of family responsibilities.dismiss ...disqualification period, for chapter 12, part 9, see section 522 (1) .disqualifying offence, for chapter 12, part 9, see section 514 .doctor’s certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.dual commissioner see section 306 .ECQ means the Electoral Commission of Queensland established under the Electoral Act 1992.EFA means an enterprise flexibility agreement continued in force under this Act.elected, for chapter 12, part 9, see section 514 .election, for chapter 12, see section 409 .electoral commission, for chapter 12, see section 409 .electoral officer, for chapter 12, see section 409 .eligibility rules, for chapter 12, see section 409 .eligible association means an association that is eligible to be, but is not, registered as an organisation.eligible employee means an employee who, under a relevant industrial instrument, is an eligible employee for entitlement to occupational superannuation benefits.eligible rollover fund see Superannuation Industry (Supervision) Act 1993 (Cwlth).employee, generally, see section 5 .employee organisation means an organisation of employees.employee with a disability, for chapter 5A, see section 140DA .employer—(a) generally—see section 6 ; and(b) for chapter 6, includes—(i) a multi-employer; and(ii) for a project—an organisation of employers; and(c) for chapter 11, part 2—see also section 376 .employer notice ...employer organisation means an organisation of employers.engage in conduct for a prohibited reason, for chapter 4, see section 104 .entry notice ...equal remuneration for work of equal or comparable value—(a) for chapter 2, part 5, see section 59 ; or(b) for chapter 2A, part 4, see section 71P .excluded provisions ...exempted person, for chapter 4, see section 102 .exemption certificate, for chapter 4, see section 102 .exercising, for chapter 8, part 6, see section 316 .existing employee ...existing organisation, for chapter 12, part 15, see section 616 .expected placement date see section 71GJ (2) (a) .expected residence date see section 71GK (2) (a) .expenditure ballot ...extension agreement ...family responsibilities of an employee means the employee’s responsibilities to care for or support—(a) a dependent child of the employee; or(b) any other immediate family member who is in need of care or support.federal agreement means—(a) an Australian workplace agreement, or a certified agreement, under the Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth); or(b) an enterprise agreement or an individual flexibility arrangement under the Commonwealth Act.federal award means—(a) an award under the Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth); or(b) a modern award under the Commonwealth Act.federal industrial authority, for chapter 16, part 2, see section 692A .federal industrial authority manager, for chapter 16, part 2, see section 692A .federal industrial instrument means the following—(a) a fair work instrument under the Commonwealth Act;(b) an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3 , part 2;(c) a Division 2B State instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).federal organisation means an organisation under the Commonwealth (Registered Organisations) Act.fee, for chapter 11A, see section 408A .file, for chapter 12, see section 409 .filing receipt ...filing requirements ...final payment, for chapter 11, part 2, division 3, see section 390A .financial affairs, for chapter 12, part 12, see section 551 .financial disclosure statement, for an organisation for a financial year, means a financial disclosure statement prepared by the organisation under section 557O for the year.financial hardship payment, for chapter 12, see section 409 .financial year, for chapter 12, part 12, see section 552 .fixed rate, for chapter 11, part 2, division 3, see section 376 .full bench see section 256 .full pay means payment in full for the time that an employee is absent from work.FWA means Fair Work Australia under the Commonwealth Act.general meeting, for chapter 12, see section 409 .gift, for chapter 12, part 12, see section 551 .group training organisation see the Further Education and Training Act 2014 , schedule 1.group training scheme ...health employee, for chapter 11, part 2, division 3, see section 390A .health employer, for chapter 11, part 2, division 3, see section 390A .health service employee, for schedule 4A , see schedule 4A , part 1, section 1 .health system employer, for schedule 4A , see schedule 4A , part 1, section 1 .highest paid officer means an officer of an organisation who is 1 of the organisation’s highest paid officers under section 557K (1) (a) or (b) .high-income guarantee contract ...high-income position ...high-income senior employee ...high-income threshold ...host employer means a person who contracts with a group training organisation for the training of apprentices and trainees.immediate family includes—(a) the employee’s spouse; and(b) a child, ex-nuptial child, stepchild, adopted child, ex-foster child, parent, grandparent, grandchild or sibling of the employee or employee’s spouse.industrial action—(a) generally—means a lockout or strike; and(b) for chapter 4—see also section 103 .industrial agreement means an industrial agreement continued in force under this Act.industrial association, for chapter 4, see section 102 .industrial authority means a commission, court, board, tribunal or other entity having authority under the law of the Commonwealth or another State to exercise powers of conciliation, determination or arbitration for industrial matters or industrial disputes.industrial body, for chapter 4, see section 102 .industrial cause includes an industrial matter and industrial dispute.industrial commissioner means a person appointed as an industrial commissioner under section 259 .industrial conduct ground, for chapter 12, part 16, see section 637 .industrial dispute means—(a) a dispute, including a threatened or probable dispute, about an industrial matter; or(b) a situation that is likely to give rise to a dispute about an industrial matter.industrial instrument means an award, certified agreement, industrial agreement, EFA, code of practice under section 400I or order under chapter 5, parts 5 and 6.industrial law, for chapter 4, see section 102 .industrial matter see section 7 .industrial relations commission means the Queensland Industrial Relations Commission established under section 255 .industrial tribunal, for chapter 9, division 5, see section 345 .initial day, for a certified agreement, means the day on which it was certified.initial financial disclosure statement, for an organisation, means an initial financial disclosure statement prepared by the organisation under section 557L .initial year, for chapter 12, part 12, division 2B—see section 557J .injured employee ...injury ...inspector means a person, including the chief inspector, who holds an appointment as an inspector under section 350 .intended parent—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .invalidity, for chapter 12, part 14, see section 604 .invalid reason, for a dismissal, see section 73 (2) .investigation report see section 636K .IO Act means the repealed Industrial Organisations Act 1997 .irregularity, for chapter 12, see section 409 .joint session means proceedings in which a member sits with a member of an industrial authority.labour market program means a labour market program approved by the Minister.leave application, for chapter 12, part 9, see section 514 .legislature, for chapter 12, part 12, see section 551 .local government, for chapter 12, part 12, see section 551 .lockout means an employer’s action in closing a workplace, or suspending or discontinuing the employer’s business, or any branch of it, or an employer’s failure to continue to employ a number of employees, with intent—(a) to compel or induce employees to agree to employment conditions or to comply with demands made on them by the employer, or another employer, contrary to this Act; or(b) to cause loss or inconvenience to employees; or(c) to incite, instigate, aid, abet or procure another lockout; or(d) to help another employer to compel or induce employees to agree to employment conditions or comply with demands made by the other employer.long adoption leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .long birth-related leave, for chapter 2A, part 2, division 5, see section 71GB .long parental leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .long surrogacy leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .long term casual employee—(a) for chapter 2, part 2, see section 15A ; or(b) for chapter 2A, see section 71BB .magistrate see section 290 .management committee—(a) for chapter 4—see section 102 ; and(b) for chapter 12—see section 409 .management office, for chapter 12, part 9, division 5, see section 530C (1) .manager, for chapter 11A, see section 408A .maternity leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .maximum period of parental leave, for chapter 2A, see section 71GG .meat works means a place where livestock are slaughtered or meat is boned.member—(a) of the court means the president, the vice-president or a deputy president (court); or(b) of the commission means a commissioner.member ...members, for chapter 12, part 16, see section 637 .membership subscription, for chapter 12, see section 409 .member’s liability, for chapter 12, part 10, division 5, see section 541 .members register, for chapter 12, see section 409 .mid-year financial disclosure statement, for an organisation for a financial year, means a mid-year financial disclosure statement prepared by the organisation under section 557W for the year.mine, for chapter 11, part 2, division 4, see section 376 .Minister, for chapter 6, division 6A, see section 181A .misconduct, of an officer of an organisation or a branch of an organisation, means—(a) conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth; or(b) gross misbehaviour or gross neglect of duty in the office.model, for chapter 11A, see section 408A .model election rules, for chapter 12, see section 409 .modern award means an award made under chapter 5A.modern awards objectives, for chapter 5A, see section 140D .modern industrial instrument—(a) generally, see section 71BA ; or(b) for chapter 2A, part 3, see section 71L .modernising Act for chapter 2A, see section 71BA .mortgagee, for chapter 11, part 2, division 4, see section 376 .mortgagor, for chapter 11, part 2, division 4, see section 376 .multi-employer means 2 or more associated employers, whether associated because they—(a) are related corporations; or(b) are engaged in a joint venture or common enterprise; or(c) undertake similar work.multi-employer agreement, for chapter 6, see section 140K .national fair work legislation, for chapter 16, part 2, see section 692A .negotiating party, for chapter 6, see section 148 (1) .new business, for chapter 6, means the ongoing operation, once established, of a single business that the employer—(a) proposes to establish at a new workplace; or(b) is establishing at a new workplace; or(c) is relocating to a new workplace;but does not include the construction of the new workplace.new employee ...newly registered organisation, for chapter 12, part 15, see section 616 .new State instrument see section 692A .nominal expiry date, of a certified agreement, see section 156 .non-allowable provisions ...non-cash benefit, for chapter 12, part 12, see section 551 .non-judicial appointee ...obstruct includes assault, hinder, intimidate, resist and threaten to obstruct.office, for chapter 12, see section 412 .officer—(a) of the court or commission—see sections 304 and 334(4); and(b) of an organisation, or branch of an organisation—see section 409 .officers register, for chapter 12, see section 409 .old federal instrument, for chapter 16, part 2, see section 692A .ombudsman ...ordinary election, for chapter 12, see section 409 .ordinary hours of work for chapter 2A, see section 71BA .ordinary rate, for an employee under an industrial instrument, federal award or federal agreement, means—(a) for sections 71EE (2) (a) and 71HE(1)(b), if the employee is a public service employee—the rate the instrument, award or agreement states is payable for ordinary time in relation to the employee’s substantive position; or(b) otherwise—the rate the instrument, award or agreement states is payable for ordinary time.ordinary working day, for chapter 2A, part 2, division 7, see section 71I .organisation—(a) generally—see section 409 ; and(b) for chapter 12, part 14—see also section 604 .outworker means a person engaged, for someone else’s calling or business, in or about a private residence or other premises that are not necessarily business or commercial premises, to—(a) pack, process, or work on articles or material; or(b) carry out clerical work.owner—(a) for chapter 2, part 3, see section 42 ; or(b) for chapter 2A, part 2, division 6, see section 71H .parental leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .parental leave entitlement—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .particulars, for chapter 12, part 9, division 5, see section 530C (1) .party, for an industrial instrument or permit, includes a person bound by the instrument or permit.pay an employee includes pay, with the employee’s written consent, on account of the employee.pay equity means equal remuneration for men and women workers for work of equal or comparable value.peace obligation period, for chapter 6, see section 140K .penalty provision, for chapter 6, division 7, see section 182 .pensions Act, for schedule 2 , means the Judges (Pensions and Long Leave) Act 1957 .performer, for chapter 11A, see section 408A .period between seasons—(a) for chapter 2, part 3, see section 42 ; or(b) for chapter 2A, part 2, division 6, see section 71H .periodic review see section 140F .period of operation ...permit means—(a) a students permit; or(b) an aged or infirm persons permit.person dissatisfied with a decision in proceedings means—(a) a party to the proceedings; or(b) a person bound by the decision; or(c) if an inspector started the proceedings—any inspector.pieceworker means a person employed in a calling on piecework rates.place means—(a) any land, building, structure, vehicle, vessel or aircraft; or(b) part of anything mentioned in paragraph (a).political matter, for chapter 12, part 12, see section 551 .political object see section 551 .political party, for chapter 12, part 12, see section 551 .political purpose see section 552A .postal ballot, for chapter 12, see section 409 .post-industrial action negotiation period, for chapter 6, division 6A, see section 181A .pre-modernisation award, for chapter 5, part 8, see section 140B .pre-modernisation industrial instrument see section 71BA .prescribed Service, for schedule 4A , see schedule 4A , part 1, section 1 .presentation meeting, for chapter 12, part 12, see section 565 .president—(a) see section 243 ; and(b) for chapter 12—see section 409 .presidential member means the president, the vice president or a deputy president.prime contractor, for chapter 11, part 2, see section 376 .private employment agent, for chapter 11A, see section 408A .probationary period, for chapter 5, part 5, see the Further Education and Training Act 2014 , schedule 1.prohibited conduct, for chapter 4, see section 102 ., for chapter 4, see section 104 .project, for chapter 6, includes construction.project agreement means a certified agreement for a project or a proposed project.proposed amalgamated organisation, for chapter 12, part 15, see section 616 .proposed deregistering organisation, for chapter 12, part 15, see section 616 .protected action ballot see section 176 (2) .protected action ballot order see schedule 4 , section 2 .protected industrial action means industrial action protected under section 174 .public holiday means—(a) the following days—• New Year’s Day (1 January)• Australia Day (26 January)• Good Friday• Easter Saturday (the day after Good Friday)• Easter Monday (the Monday after Good Friday)• Anzac Day (25 April)• Labour Day (the first Monday in May)• Birthday of the Sovereign (the first Monday in October)• Christmas Day (25 December)• Boxing Day (26 December)• another day appointed as a public holiday under the Holidays Act 1983 , section 2, 11 or 12; or(b) a day appointed under the Holidays Act 1983 to be a substitute holiday for a day mentioned in paragraph (a); or(c) a show holiday.public sector unit ...publish, for chapter 11A, see section 408A .published, in relation to the QIRC website, means published as provided under section 304B .QIRC website see section 304A .Queensland Employment Standards see section 71C .Queensland Health, for chapter 11, part 2, division 3, see section 390A .Queensland minimum wage see section 287 (11) .QWA ...QWA date ...QWRO ...rate, for chapter 11, part 2, division 3, see section 376 .record, for chapter 11, part 1, see section 363 .records means any document containing data.reduced wages means—(a) for a person to whom an industrial instrument or permit applies—wages at a rate less than that provided for under the industrial instrument or permit; or(b) for a person to whom section 8A applies—wages at a rate less than the Queensland minimum wage.redundancy pay see section 71KF (1) .redundancy payment see section 85B .referral agreement see section 273A (1) (b) .referred claim, for chapter 11, part 2, division 3A, see section 400A .referred employer, for chapter 11, part 2, division 3A, see section 400A .refusal notice ...register, for chapter 12, see section 409 .registrar see section 297 .registrar’s auditor, for chapter 12, part 12, see section 575 .registration, for chapter 12, see section 409 .registry see section 294 .regular part-time employee means an employee who—(a) works less than full-time ordinary working hours; and(b) has reasonably predictable hours of work; and(c) is entitled to receive, on a proportionate basis, equivalent wages and employment conditions to those specified in an industrial instrument for full-time employees who do the same type of work.relevant award, in relation to a person to whom a certified agreement will apply, means an award—(a) regulating any employment condition of persons engaged in the same kind of work as that of persons under the agreement; and(b) that, immediately before the initial day of the agreement, binds the person’s employer.relevant day, for chapter 16, part 2, see section 692A .relevant employee, for a certified agreement, means an employee whose employment is, or will be, subject to the agreement.relevant employee organisation, for chapter 6, see section 140K .relevant industrial instrument, for chapter 2A, see section 71BA .relevant instrument, for chapter 5A, part 4, see section 140I .relevant or designated award ...remuneration—(a) for a provision relating to work of equal or comparable value, includes—(i) the wage or salary payable to an employee; and(ii) amounts payable or other benefits made available to an employee under a contract of service; and(b) of a person, for chapter 12, part 12, see section 551 .remuneration ...repealed Act means the Workplace Relations Act 1997 .representative, for chapter 4, see section 102 .required number, for chapter 12, see section 409 .rules committee means the rules committee established under section 337A .school-based apprentice or trainee means an apprentice or trainee who—(a) is a student studying at a secondary school or tertiary institution; and(b) has entered into an arrangement about the apprenticeship or traineeship with the school or institution and the employer.season—(a) for chapter 2, part 3, see section 42 ; or(b) for chapter 2A, part 2, division 6, see section 71H .seasonal employment means employment related to a season.secretary, for chapter 12, see section 409 .service—(a) for chapter 2, part 6, see section 67 ; or(b) for chapter 2A, part 5, see section 71Q .Service, for schedule 4A , see schedule 4A , part 1, section 1 .short adoption leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .short birth-related leave, for chapter 2A, part 2, division 5, see section 71GB .short parental leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .short surrogacy leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .short term casual employee—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .show holiday, for chapter 2A, part 2, division 7, see section 71I .small organisation, for chapter 12, part 16, see section 637 .special maternity leave, for chapter 2A, part 2, division 5, see section 71GZC .sponsored hospitality benefit, for chapter 12, part 12, see section 551 .spouse—(a) of an employee, includes a former spouse of the employee; or(b) of an officer, for chapter 12, part 9, division 5, see section 530C (1) .State peak council means an association that is effectively representative of a significant number of organisations that represent employers or employees in a range of callings.State Training Council ...strike—(a) means the conduct of 2 or more employees who are, or have been, employed by the same employer, or different employers, consisting in—(i) a wilful failure to perform work required of them under their employment contracts; or(ii) a performance of work in a way in which it is not customarily performed; or(iii) the adoption of a practice or strategy resulting in a restriction, limitation or delay in the performance of work or a restriction or limitation of the product of work; or(iv) a ban, restriction or limitation on the performance of work or on acceptance or offering for work; or(v) a wilful failure of the employees to attend for work that is not allowed by the employer; or(vi) a wilful failure to perform any work at all by employees who attend for work that is not allowed by the employer;that is because of a combination, agreement or understanding (expressed or implied) entered into by the employees or any of them and that has a purpose—(vii) to compel or induce an employer to agree to employment conditions, or to employ, or cease to employ, a person or class of person, or to comply with demands made by the employees or any of them or by any other employees; or(viii) to cause loss or inconvenience to an employer in the conduct of business; or(ix) to incite, instigate, aid, abet or procure another strike; or(x) to help employees in the employment of another employer to compel or induce the employer to agree to employment conditions or to employ, or cease to employ, a person or class of person or to comply with demands made by any employees; and(b) includes conduct capable of constituting a strike even though the conduct relates to part only of the functions the employees must perform in their employment; but(c) does not include action by an employee if—(i) the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety; and(ii) the employee did not unreasonably contravene a direction of his or her employer to perform other available work (whether at the same or another workplace) that was safe and appropriate for the employee to perform.subcontractor, for chapter 11, part 2, see section 376 .successor includes assignee and transmittee.surrogacy arrangement—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .surrogacy leave—(a) for chapter 2, part 2, see section 17 ; or(b) for chapter 2A, part 2, division 5, see section 71GB .take a statutory declaration, for chapter 8, part 6, see section 316 .TCR provision ...termination agreement ...termination declaration see section 181A .termination notice ...terms, for chapter 16, part 2, see section 692A .time and wages record, for chapter 11, part 1, see section 363 .trainee see the Further Education and Training Act 2014 , schedule 1.traineeship see the Further Education and Training Act 2014 , schedule 1.traineeship contract see the Further Education and Training Act 2014 , schedule 1.training agreement ...Training and Employment Recognition Council ...training contract means—(a) for an apprentice—an apprenticeship contract; or(b) for a trainee—a traineeship contract.Training Recognition Council ...transactions, for chapter 12, part 12, see section 551 .transfer of a calling includes the transmission, assurance, conveyance, assignment or succession of the calling—(a) either by—(i) operation of law; or(ii) agreement, including an agreement effected by a third person; and(b) either before or after the commencement of this Act.transferred employee, for chapter 2A, part 5, see section 71QB (1) .unpaid wages claim, for chapter 11, part 2, division 3A, see section 400A .untaken leave, for chapter 11, part 2, division 3, see section 390A .valid majority means a majority of the relevant employees who cast a valid vote to give an approval, after the employer has given the employees a reasonable opportunity to decide whether they want to give the approval.variation notice, for chapter 5, part 8, see section 140CA (1) .vice-president means the person appointed as the vice-president of the court under section 246A .violent offence, for chapter 12, part 9, see section 514 .wage rate includes pay rate and prices for work.wages means—(a) an amount payable to an employee for—(i) work performed, or to be performed, by the employee; or(ii) a public holiday; or(iii) leave the employee is entitled to; or(iv) termination of employment; or(b) a salary; or(c) an amount payable from wages for the employee, with the employee’s written consent.weeks pay means the ordinary rate for the relevant employee for a week, but does not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments.withdrawal, for chapter 12, see section 409 .withdrawal ballot, for chapter 12, part 15, see section 616 .withdrawal day, for chapter 12, part 15, see section 616 .working day means a day on which employees normally perform work.work value reasons, for chapter 5A, see section 140DA .young employee means a person under 21 years engaged in a calling (other than an apprentice or a person subject to the Further Education and Training Act 2014 ) who receives a lower wage rate than that fixed by an industrial instrument for employees 21 years or over in the calling.Site footer
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© The State of Queensland (Office of Queensland Parliamentary Counsel) 2014-2017 (Ver. 2.2.5 Rev. 4067)Queensland Government
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Industrial Relations Act 1999 (Qld)
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