Industrial Relations Act 2016 (Qld)

Industrial Relations Act 2016

An Act relating to industrial relations in Queensland

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

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

2   Commencement

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

(a)sections 1118 to 1124;

(b)sections 1126 to 1128;

(c)section 1151;

(d)section 1152, to the extent it inserts new section 289.

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

3   Main purpose of Act

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

(a)is fair and balanced; and

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

4   How main purpose is primarily achieved

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

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

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

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

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

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

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

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

(h)promoting collective bargaining, including by—

(i)providing for good faith bargaining; and

(ii)establishing the primacy of collective agreements over individual agreements; and

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

(j)ensuring equal remuneration for work of equal or comparable value; and

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

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

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

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

(o)being responsive to emerging labour market trends and work patterns; and

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

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

(r)assisting in giving effect to Australia’s international obligations in relation to labour standards.

Examples of ILO conventions ratified by Australia—

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

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

•the Equal Remuneration Convention, 1951, No. 100

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

•the Employment Policy Convention, 1964, No. 122

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

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

5   Act binds all persons

(1)This Act binds all persons, including the State.

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

Part 2    Interpretation

6   Definitions

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

7   Who is an employer

(1)An employer is a person who—

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

(b)employs, or usually employs, 1 or more individuals.

(2)Also, employer includes the following persons—

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

(b)a person for whose calling or business an outworker works;

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

(d)a person declared to be an employer under section 465.

8   Who is an employee

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

(2)Also, employee includes the following persons—

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

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

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

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

(e)an outworker;

(f)an apprentice;

(g)a trainee.

9   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 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 a proceeding for—

(a)an indictable offence; or

(b)a public service appeal.

(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.

Part 3    General overview of scope of Act

10   Purpose of part

(1)This part gives an overview of the scope of this Act.

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

11   Definition for part

In this part—

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

12   Who this Act applies to generally

(1)Generally speaking—

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

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

Note—

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

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

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

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

(a)the State government, and entities related to the State government, and their employees;

Examples—

•departments

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

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

Note—

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

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

Note—

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

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

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

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

Note—

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

13   Who this Act applies to—particular provisions

(1)The provisions of the Queensland Employment Standards about long service leave, jury service leave and emergency service leave may apply to employers and employees who are generally covered by the Commonwealth Fair Work Act.

Note—

See also—

•the Commonwealth Fair Work Act, section 27(2)

•the Queensland referral Act, section 3(1), definition excluded subject matter.

(2)Provisions of chapter 11, part 3, division 4 about civil remedies under the Fair Work Act 2009 (Cwlth), chapter 4, part 4-1 apply to employers and employees who are generally covered by that Act.

Chapter 2    Modern employment conditions

Part 1    Preliminary

14   Definitions for chapter

In this chapter—

applicable industrial instrument means any of the following—

(a)a modern award;

(b)a certified agreement or bargaining award;

(c)an arbitration determination.

long term casual employee see section 15.

ordinary hours of work, for an employee, means—

(a)the employee’s ordinary hours of work as provided for under an applicable industrial instrument that applies to the employee; or

(b)if paragraph (a) does not apply—the hours agreed by the employee and the employee’s employer as the employee’s ordinary hours of work.

relevant industrial instrument, in relation to an employee, means an applicable industrial instrument that applies to the employee.

short term casual employee means a casual employee, other than a long term casual employee.

15   Meaning of long term casual employee

(1)For this chapter, a long term casual employee is a casual employee engaged by a particular employer, on a regular and systematic basis, for 1 or more periods of employment during the 1 year immediately before the employee seeks to access an entitlement under this chapter.

(2)The periods of employment mentioned in subsection (1) include periods before and after the commencement of this section.

Part 2    Interaction of elements of industrial relations system

16   What part is about

This part explains—

(a)how elements of the industrial relations system interact with each other; and

(b)how particular elements of the industrial relations system prevail over other elements.

17   Relationship between Queensland Employment Standards and other laws

The Queensland Employment Standards have effect despite an inconsistency with another law of the State, unless the other law provides an employee with a benefit that is at least as favourable for the employee as the Queensland Employment Standards.

18   Relationship between Queensland Employment Standards and industrial instruments

(1)An industrial instrument may not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards.

(2)The Queensland Employment Standards have effect subject to provisions included in an industrial instrument mentioned in subsection (1).

19   Relationship of modern award with certified agreement

(1)A modern award may apply to an employee in relation to particular employment at the same time as a certified agreement applies to the employee in relation to the employment.

(2)If both a modern award and certified agreement apply to an employee in relation to particular employment, the certified agreement prevails to the extent of any inconsistency.

(3)While a project agreement operates, it operates to the exclusion of any certified agreement.

20   Relationship of modern award with contract of employment

(1)A modern award prevails over a relevant contract to the extent of any inconsistency.

(2)The contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the modern award.

(3)However, there is no inconsistency only because the contract provides for employment conditions at least as favourable for the employee as the modern award.

(4)In this section—

relevant contract means a contract of employment that is—

(a)in force when the modern award comes into operation; or

(b)made while the modern award is in operation.

Part 3    Queensland Employment Standards

Division 1 Preliminary

21   Meaning of Queensland Employment Standards

(1)This part provides for minimum standards of employment of employees that apply to employees and which can not be displaced except under this chapter.

(2)The minimum standards relate to the following matters—

(a)minimum wage—division 2;

(b)maximum weekly hours—division 3;

(c)a right to request flexible working arrangements—division 4;

(d)annual leave—division 5;

(e)personal leave, including sick leave, carer’s leave, bereavement leave, compassionate leave and cultural leave—division 6;

(f)domestic and family violence leave—division 7;

(g)parental leave—division 8;

(h)long service leave—division 9;

(i)public holidays—division 10;

(j)emergency service leave—division 11;

(k)jury service leave—division 12;

(l)notice of termination and redundancy pay—division 13;

(m)superannuation contributions—division 13A;

(n)information statements—division 14.

(3)Divisions 2 to 14 are the Queensland Employment Standards.

Division 2 Minimum wage

22   Entitlement to minimum wage

(1)An employee is entitled to a wage that is not less than the Queensland minimum wage.

(2)This section does not apply to an employee who is excluded under section 459(2) from the operation of the full bench’s general ruling declaring the Queensland minimum wage.

Division 3 Maximum weekly hours

23   Maximum weekly hours

(1)An employer must not ask or require an employee to work more than the following number of hours in a week—

(a)for a full-time employee—38 hours;

(b)for an employee who is not a full-time employee—the lesser of—

(i)38 hours; or

(ii)the employee’s ordinary hours of work.

(2)However, the employer may ask or require an employee to work additional hours if the hours are reasonable under section 26.

(3)The employee may refuse to work additional hours beyond the number of hours mentioned in subsection (1)(a) or (b) if working the additional hours is not reasonable under section 26.

(4)The hours an employee works in a week under subsection (1)(a) or (b) are taken to include any hours of leave, or absence, whether paid or unpaid, that the employee takes in the week and that are authorised—

(a)by the employee’s employer; or

(b)under a term or condition of the employee’s employment; or

(c)under a law of the State or an industrial instrument.

24   Applicable industrial instruments may provide for averaging of hours of work

(1)An applicable industrial instrument may include terms providing for the averaging of hours of work over a stated period.

(2)However, the average weekly hours over the period stated in the applicable industrial instrument must not exceed—

(a)for a full-time employee—38 hours; or

(b)for an employee who is not a full-time employee—the lesser of—

(i)38 hours; or

(ii)the employee’s ordinary hours of work.

(3)An applicable industrial instrument may provide for average weekly hours that exceed the hours mentioned in subsection (2)(a) or (b) only if the excess hours are reasonable under section 26.

(4)If an employee works hours in a week in excess of the hours mentioned in subsection (2)(a) or (b)—

(a)the hours are additional hours under section 23; and

(b)the employee may only work the additional hours under section 23.

Note—

In deciding whether the employee may work the additional hours under section 23, regard must be had to the averaging terms under section 26(i).

25   Averaging of hours of work for employees not covered by applicable industrial instruments

(1)An employer and an employee who are not covered by an applicable industrial instrument may agree in writing to an averaging arrangement under which hours of work over a stated period of not more than 26 weeks are averaged.

(2)However, the average weekly hours over the period stated in the arrangement must not exceed—

(a)for an employee employed on a full-time basis—38 hours; or

(b)for an employee employed on a part-time or casual basis—the lesser of—

(i)38 hours; or

(ii)the employee’s ordinary hours of work.

(3)The arrangement may provide for average weekly hours in excess of the hours mentioned in subsection (2)(a) or (b) only if the excess hours are reasonable under section 26.

(4)If an employee works hours in a week in excess of the hours mentioned in subsection (2)(a) or (b)—

(a)the hours are additional hours under section 23; and

(b)the employee may only work the additional hours under section 23.

Note—

In deciding whether the employee may work the additional hours under section 23, regard must be had to an averaging arrangement under section 26(i).

26   Deciding whether additional hours are reasonable

In deciding whether additional hours are reasonable or not reasonable, the following matters must be taken into account—

(a)any risk to the employee’s health and safety from working the additional hours;

(b)the employee’s personal circumstances, including family responsibilities;

(c)the needs of the workplace in which the employee is employed;

(d)whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(e)any notice given by the employer of any request or requirement to work the additional hours;

(f)any notice given by the employee of the employee’s intention to refuse to work the additional hours;

(g)the usual patterns of work in the calling in which the employee works;

(h)the nature of the employee’s role, and the employee’s level of responsibility;

(i)whether the additional hours are in accordance with averaging terms included under section 24 in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 25;

(j)any other relevant matter.

Division 4 Flexible working arrangements

27   Request for flexible working arrangements

(1)An employee may ask the employee’s employer for a change in the way the employee works, including—

(a)the employee’s ordinary hours of work; and

(b)the place where the employee works; and

(c)a change to the way the employee works, for example, the use of different equipment as a result of a disability, illness or injury.

(2)The request must—

(a)be in writing; and

(b)state the change in the way the employee works in sufficient detail to allow the employer to make a decision about the request; and

(c)state the reasons for the change.

28   Decision about request for flexible working arrangements

(1)The employer may decide to—

(a)grant the request; or

(b)grant the request in part or subject to conditions; or

(c)refuse the request.

(2)The employer may grant the request in part or subject to conditions, or refuse the request, only on reasonable grounds.

(3)The employer must give the employee written notice about its decision within 21 days after receiving the request.

(4)If the employer decides to grant the request in part or subject to conditions or to refuse the request, the written notice about the decision must state—

(a)the written reasons for the decision, outlining the reasonable grounds for granting the request in part or subject to conditions or for the refusal; and

(b)that the commission has jurisdiction to hear and decide a dispute over the request under chapter 6.

29   Deemed refusal of request for flexible working arrangements

If the employer does not give the written notice about the employer’s decision within 21 days after receiving the request, the employer is taken to have decided to refuse the request.

Note—

The commission has jurisdiction to hear and decide a dispute over the request under chapter 6.

Division 5 Annual leave

Subdivision 1 Entitlement to annual leave

30   Application of subdivision

This subdivision does not apply to—

(a)casual employees; or

(b)pieceworkers; or

(c)school-based apprentices or trainees.

31   Entitlement

(1)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.

(2)Annual leave is exclusive of a public holiday that falls during the leave.

(3)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.

(4)Annual leave accumulates.

(5)This section does not confer an entitlement or an additional entitlement in relation to employment before 4 June 1999.

(6)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.

32   Working out completed year of employment

(1)This section applies for working out a completed year of employment for section 31.

(2)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 that is certified by a doctor.

Subdivision 2 Taking annual leave

33   When annual leave may be taken

(1)An employee and employer may agree when the employee is to take annual leave.

(2)The employer must not unreasonably refuse to agree when the employee is to take the leave.

(3)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 8 weeks written notice of the starting date of the leave.

(4)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.

(5)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.

34   Terms that may be included in applicable industrial instruments

An applicable industrial instrument may include the following—

(a)terms requiring an employee to take annual leave in particular circumstances, but only if the requirement is reasonable;

(b)terms otherwise dealing with the taking of annual leave.

Subdivision 3 Payment for annual leave

35   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 a contract between the employer and employee, otherwise provides; or

(b)the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.

(4)If, on application under subsection (3)(b), the commission considers 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)In this section—

default average commission means the amount worked out by the following formula—

      where—

dac means the default average commission.

c means the lesser of the following total commissions—

(a)total commissions payable to the employee in the 1 year before the leave is taken;

(b)total commissions payable to the employee during the employee’s period of employment.

d means the lesser of the following—

(a)365.25;

(b)the number of days in the employee’s period of employment.

ld means the number of days in the period starting on the day the leave starts and ending on the day before the employee is to return to work.

36   Annual leave loading

(1)In addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17½% of the amount payable under section 35(2)(a).

(2)However, if the employee’s employer pays the employee a prescribed additional amount and the amount—

(a)is less than 17½% of the amount payable under section 35(2)(a)—the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1); or

(b)is at least 17½% of the amount payable under section 35(2)(a)—the employee is not entitled to receive an amount under subsection (1).

(3)In this section—

prescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division.

Example of how a prescribed additional amount might be described—

annual leave bonus, annual leave loading

Subdivision 4 Cashing out annual leave

37   Requirements for cashing out annual leave

(1)Annual leave may not be cashed out except under this section.

(2)An employer and an employee may agree to the employee cashing out a particular amount of the employee’s annual leave.

(3)The employer and employee must not agree to the employee cashing out an amount of annual leave if the cashing out would result in the employee’s accrued annual leave entitlement being less than 4 weeks.

(4)Each cashing out of a particular amount of annual leave must be by a separate agreement in writing.

(5)The employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the annual leave that has been forgone.

Subdivision 5 Payment on termination of employment

38   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 pay the employee for the annual leave not taken, including—

(a)any public holiday during the period the employee is presumed to have taken the leave; and

(b)any annual leave loading the employee is entitled to under section 36.

(4)If the employee has worked part of a year, the employer must pay the employee the proportionate annual leave for the part of the year the employee worked, including any annual leave loading the employee is entitled to under section 36.

(5)The employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless an applicable industrial instrument states otherwise.

Division 6 Personal leave

Subdivision 1 Sick leave

39   Application of subdivision

This subdivision does not apply to—

(a)casual employees; or

(b)pieceworkers; or

(c)school-based apprentices or trainees.

40   Entitlement to sick leave

(1)An employee is entitled to at least 10 days sick leave on full pay for each completed year of employment with an employer.

(2)An employee’s entitlement to paid sick leave accumulates—

(a)progressively during a year of employment according to the employee’s ordinary hours of work; and

(b)from year to year.

(3)Sick leave may be taken for part of a day.

Notes—

1An employee is ordinarily required to work for 7.6 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 4.6 hours that the employee is unable to work because of the sickness.

2An employee is ordinarily required to perform work for 38 hours a week over 5 days, but has come to an arrangement with the employer to work 9.5 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 9.5 hours sick leave, which equates to 11/4 days sick leave.

(4)Sick leave is exclusive of a public holiday that falls during the leave.

(5)This section does not confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.

(6)In this section—

day, for an employee who is paid on the basis of the number of hours worked, means—

(a)for an employee for whom an applicable industrial instrument provides sick leave—a day within the meaning of the instrument to the extent it relates to sick leave; or

(b)otherwise—one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.

41   Requirement for employee to give notice etc.

(1)An employee’s entitlement under section 40 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 and the employer requires evidence of the illness—the employee giving the employer sufficient evidence of the illness to satisfy a reasonable person.

(2)This section does not apply if—

(a)an applicable industrial instrument provides otherwise; or

(b)the employee and employer agree otherwise.

Subdivision 2 Carer’s leave

42   Entitlement—employees other than casual employees

(1)This section does not apply to a casual employee.

(2)An employee may take up to 10 days of sick leave each year on full pay (carer’s leave) to care for or support—

(a)a person who is a member of the employee’s immediate family or household—

(i)when the person is ill; or

(ii)because an unexpected emergency arises in relation to the person; or

(b)a person who has experienced domestic violence.

(3)If the employee has exhausted the entitlement under subsection (2), the employee may take up to an additional 2 days unpaid carer’s leave each time the employee needs to take the leave.

(4)The employee may take additional unpaid carer’s leave with the employer’s agreement.

(5)Carer’s leave may be taken for part of a day.

(6)In this section—

sick leave includes sick leave accrued before the commencement of this section.

43   Entitlement—long term casual employees

(1)This section applies to a long term casual employee.

(2)The employee is entitled to 10 days of leave (also carer’s leave) in each year to care for or support—

(a)a person who is a member of the employee’s immediate family or household—

(i)when the person is ill; or

(ii)because an unexpected emergency arises in relation to the person; or

(b)a person who has experienced domestic violence.

(3)The employee may take additional carer’s leave if the employer agrees.

(4)Carer’s leave may be taken for part of a day.

(5)The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.

(6)Leave taken under this section is unpaid.

44   Entitlement—short term casual employees

(1)This section applies to a short term casual employee.

(2)The 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 or support—

(a)a person who is a member of the employee’s immediate family or household—

(i)when the person is ill; or

(ii)because an unexpected emergency arises in relation to the person; or

(b)a person who has experienced domestic violence; or

(c)members of the employee’s immediate family or household because of the birth of a child.

(3)The employee may leave work or be unavailable to attend work to take carer’s leave for additional periods if the employer agrees.

(4)Carer’s leave may be taken for part of a day.

(5)The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.

(6)However, the rights of an employer not to re-engage the employee are not otherwise affected.

45   Employee to provide evidence to employer

(1)If an employee takes carer’s leave to care for or support a person who is ill for more than 2 consecutive days, the employee must, if required by the employer, give the employer sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.

(2)If an employee takes carer’s leave to care for or support a person who has experienced domestic violence, the employee must, if required by the employer, give the employer—

(a)a statutory declaration evidencing that the leave is necessary; or

(b)evidence mentioned in section 45(3)(a) to (d).

(3)The employee must give the employer—

(a)notice of the intention to take carer’s 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 the employee estimates the employee will be absent; and

(e)if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.

(4)The information mentioned in subsection (3)(a) to (e) must be given to the employer—

(a)if practicable, before the employee takes the leave; or

(b)otherwise, at the first reasonable opportunity.

(5)An employer who receives evidence under this section about a person who has experienced domestic and family violence must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.

Subdivision 3 Bereavement and compassionate leave

46   Application of subdivision

This subdivision does not apply to pieceworkers.

47   Entitlement—employees other than casual employees

(1)This section applies to an employee, other than a casual employee.

(2)The employee is entitled to—

(a)at least 2 days bereavement leave on full pay on each occasion when—

(i)a member of the employee’s immediate family or household dies; or

(ii)the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; 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)Also, the employee is entitled to 2 days compassionate leave on full pay on each occasion when a member of the employee’s immediate family or household—

(a)contracts or develops a personal illness that poses a serious threat to the person’s life; or

(b)sustains a personal injury that poses a serious threat to the person’s life.

48   Entitlement—casual employees

(1)A long term casual employee is entitled to—

(a)at least 2 days unpaid bereavement leave on each occasion when—

(i)a member of the employee’s immediate family or household dies; or

(ii)the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; 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.

(2)A short term casual employee is entitled to be unavailable to attend work for—

(a)at least 2 days on unpaid bereavement leave on each occasion when—

(i)a member of the employee’s immediate family or household dies; or

(ii)the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; 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)Also, a casual employee is entitled to 2 days unpaid compassionate leave on each occasion when a member of the employee’s immediate family or household—

(a)contracts or develops a personal illness that poses a serious threat to the person’s life; or

(b)sustains a personal injury that poses a serious threat to the person’s life.

(4)The employer must not fail to re-engage a casual employee only because the employee has taken bereavement leave or compassionate leave under this section.

(5)However, the rights of an employer not to re-engage a casual employee are not otherwise affected.

49   Evidence to be provided by employee

(1)An employee who takes bereavement leave must give the employer a copy of the funeral notice or other evidence of the death the employer reasonably requires.

(2)An employee who takes compassionate leave must give the employer sufficient evidence to satisfy a reasonable person that the employee was taking compassionate leave because a member of the employee’s family or household’s life was threatened by personal illness or personal injury.

50   Additional leave

An employee may take additional leave as unpaid bereavement leave or compassionate leave if the employer agrees.

Subdivision 4 Cultural leave

51   Entitlement

(1)This section applies to an employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony.

(2)The employee may take up to 5 days unpaid cultural leave in each year, if the employer agrees.

(3)The employer must not unreasonably refuse the leave.

(4)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 work and family responsibilities.

(5)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.

(6)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 (5)(b) and (c) at the first opportunity.

(7)It is declared that leave provided under this section is a welfare measure for the purposes of the Anti-Discrimination Act 1991, section 104.

Division 7 Domestic and family violence leave

52   Entitlement to domestic and family violence leave

(1)An employee, including a casual employee, is entitled to 10 days of domestic and family violence leave on full pay in a year if—

(a)the employee has experienced domestic violence; and

(b)the employee needs to take domestic and family violence leave as a result of the domestic violence.

(2)Without limiting subsection (1), the employee may need to take domestic and family violence leave if the employee is—

(a)recovering from an injury caused by the violence; or

(b)attending an appointment related to the violence, including an appointment to attend counselling, to obtain legal advice, for medical treatment or with police officers; or

(c)preparing for a court appearance related to the violence; or

(d)attending court for a proceeding related to the violence; or

(e)finding housing that is necessary because of the violence; or

(f)organising child care or the education of a child that is necessary because of the violence.

(3)If an employee has exhausted the entitlement under subsection (1) the employee may, with the employer’s agreement, take additional days of unpaid domestic and family violence leave.

(4)Domestic and family violence leave may be taken for part of a day.

(5)An employee’s entitlement to domestic and family violence leave under subsection (1) does not accumulate from year to year.

(6)The employer must not fail to re-engage a casual employee only because the employee has taken domestic and family violence leave.

(7)In this section—

day, for an employee mentioned in subsection (1) who is paid on the basis of the number of hours worked, means one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.

53   Requirement for employee to give notice

(1)An employee’s entitlement to domestic and family violence leave is conditional on the employee giving the employer notice of—

(a)the employee’s absence from work; and

(b)if it is possible to notify the employer before the leave is taken—the approximate period the employee will be absent.

(2)The employee must give the employer notice under subsection (1)—

(a)before or on the day the employee is to take the leave; or

(b)if it is not possible to notify the employer before the leave is taken—during the leave or as soon as possible after the leave ends.

54   Employer may request evidence

(1)An employer may ask an employee to give the employer evidence that the employee has experienced domestic violence and needs to take leave as a result.

(2)The employee must comply with the request.

(3)Without limiting subsection (2), the employee may comply with the request by giving the employer—

(a)evidence from the police; or

(b)evidence of a legal proceeding or a court report; or

(c)evidence from a doctor or other health practitioner; or

(d)a report from a counsellor; or

(e)written advice or a statutory declaration from the employee.

(4)An employer who receives evidence under this section must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.

Division 8 Parental and related leave

Subdivision 1 Preliminary

55   Application of division

This division does not apply to—

(a)short term casual employees; or

(b)seasonal employees; or

(c)pieceworkers.

56   Explanation of types of parental leave

(1)This division provides for parental leave.

(2)The types of parental leave are as follows—

(a)birth-related leave, for—

(i)an employee who is pregnant; or

(ii)an employee whose spouse gives birth;

Notes—

1Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.

2Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).

(b)adoption leave, for an employee who adopts a child;

Note—

Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child).

(c)surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement;

Note—

Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child).

(d)cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020.

Note—

Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).

57   Definitions for division

In this division—

adoption leave means short adoption leave or long adoption leave.

birth-related leave means short birth-related leave or long birth-related leave.

child means—

(a)for adoption leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child was adopted by the employee—

(i)had been living with the employee for a continuous period of at least 6 months; or

(ii)was the employee’s stepchild or the child or stepchild of the employee’s spouse; or

(b)for surrogacy leave—a child born as a result of a surrogacy arrangement; or

(c)for cultural parent leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child’s parentage was transferred to the employee, had been living with the employee for a continuous period of at least 6 months.

cultural parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, section 10.

cultural parent leave means short cultural parent leave or long cultural parent leave.

cultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, schedule 1.

intended cultural parent means a cultural parent whose application for a cultural recognition order has not been decided.

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 responsible for the care of a child adopted by the employee.

long birth-related leave means—

(a)leave taken by a pregnant employee—

(i)for the birth of the employee’s child; or

(ii)to enable the employee to be responsible for the care of the child; or

(b)leave taken by an employee whose spouse has given birth to a child to enable the employee to be responsible for the care of the employee’s child.

long cultural parent leave means leave taken by an employee to enable the employee to be responsible for the care of a child whose parentage is transferred to the employee under a cultural recognition order.

long parental leave means—

(a)long birth-related leave; or

(b)long adoption leave; or

(c)long surrogacy leave; or

(d)long cultural parent leave.

long surrogacy leave means leave taken by an employee to enable the employee to be responsible for the care of the employee’s surrogate child.

maternity leave ...

parental leave means long parental leave or short parental leave.

short adoption leave means leave taken by an employee who is responsible for the care of an adopted child after the child is adopted by the employee.

short birth-related leave means leave taken by an employee who is responsible for the care of a child in connection with the birth of the child of the employee’s spouse—

(a)after the birth of the child; or

(b)at the time the pregnancy ends other than by the birth of a living child or stillborn child.

short cultural parent leave means leave taken by an employee who is responsible for the care of a child after the child’s parentage is transferred to the employee under a cultural recognition order.

short parental leave means—

(a)short birth-related leave; or

(b)short adoption leave; or

(c)short surrogacy leave; or

(d)short cultural parent leave.

short surrogacy leave means leave taken by an employee who is responsible for the care of the employee’s surrogate child after the child starts residing with the employee.

stillborn child means a child—

(a)who has shown no sign of respiration or heartbeat, or other sign of life, after delivery of the child has been completed; and

(b)who—

(i)has been gestated for 20 weeks or more; or

(ii)weighs 400g or more.

surrogacy arrangement see the Surrogacy Act 2010, section 7.

surrogacy leave means long surrogacy leave or short surrogacy leave.

surrogate child, of an employee, means a child born as a result of a surrogacy arrangement in which the employee has agreed to become permanently responsible for the custody and guardianship of the child.

Subdivision 2 Parental leave entitlement

58   Application of subdivision

(1)This subdivision applies to—

(a)an employee, other than a long term casual employee, who has had at least 12 months continuous service with the employer; and

(b)a long term casual employee.

(2)Also, this subdivision applies subject to section 87B.

Note—

Section 87B ends an employee’s entitlement to parental leave under this subdivision when the employee takes unpaid flexible parental leave under that section.

(3)In this section—

continuous service means service, including a period of authorised leave or absence, under an unbroken contract of employment.

59   Entitlement to birth-related leave

(1)A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid birth-related leave.

(2)For the birth of a child of an employee’s spouse, the employee is entitled to—

(a)a total of 8 weeks unpaid short birth-related leave; or

(b)an unbroken period of up to 52 weeks unpaid long birth-related leave.

(3)The employee’s short birth-related leave—

(a)if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and

(b)may be taken in an unbroken period or broken periods; and

(c)if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.

60   Entitlement to adoption leave

(1)For the adoption of a child, an employee is entitled to—

(a)a total of 8 weeks unpaid short adoption leave; or

(b)an unbroken period of up to 52 weeks unpaid long adoption leave.

(2)The employee’s short adoption leave—

(a)if the employee’s spouse is taking long adoption leave—may be taken concurrently with the employee’s spouse’s long adoption leave; and

(b)may be taken in an unbroken period or broken periods; and

(c)if the employee takes short adoption leave other than immediately after the adoption of the child—must be taken for a minimum 2-week period.

61   Entitlement to surrogacy leave

(1)An employee who is an intended parent under a surrogacy arrangement is entitled to—

(a)a total 8 weeks unpaid short surrogacy leave; or

(b)an unbroken period of up to 52 weeks unpaid long surrogacy leave.

(2)The employee’s short surrogacy leave—

(a)if the employee’s spouse is taking long surrogacy leave—may be taken concurrently with the employee’s spouse’s long surrogacy leave; and

(b)may be taken in an unbroken period or broken periods; and

(c)if the employee takes short surrogacy leave other than immediately after the employee’s surrogate child starts residing with the employee—must be for a minimum 2-week period.

61A   Entitlement to cultural parent leave

(1)An employee who is a cultural parent under a cultural recognition order is entitled to—

(a)a total of 8 weeks unpaid short cultural parent leave; or

(b)an unbroken period of up to 52 weeks unpaid long cultural parent leave.

(2)The employee’s short cultural parent leave—

(a)if the employee’s spouse is taking long cultural parent leave—may be taken concurrently with the employee’s spouse’s long cultural parent leave; and

(b)may be taken in an unbroken period or broken periods; and

(c)if the employee takes short cultural parent leave other than immediately after the transfer of the child’s parentage to the employee—must be taken for a minimum 2-week period.

62   Maximum period of parental leave

(1)Parental leave must not extend—

(a)beyond 52 weeks after—

(i)the child was born; or

(ii)the child was adopted; or

(iii)the child started residing with the employee under the surrogacy arrangement; or

(iv)the child’s parentage was transferred to the employee under a cultural recognition order; or

(b)if an application for an extension of parental leave under section 73 is agreed to—beyond 104 weeks after—

(i)the child was born; or

(ii)the child was adopted; or

(iii)the child started residing with the employee under the surrogacy arrangement; or

(iv)the child’s parentage was transferred to the employee under a cultural recognition order.

(2)However, if an employee takes long parental leave and the employee’s spouse takes short parental leave concurrently with the employee, the parental leave the employee is allowed to take under subsection (1) is reduced by the amount of leave concurrently taken by the employee’s spouse.

(3)The maximum period of parental leave allowed under subsection (1) or (2) is the maximum period of parental leave.

(4)This section applies despite sections 59 to 61.

Subdivision 3 Notices and information

63   Employee notice—intention of pregnant employee to take birth-related leave

(1)This section applies if a pregnant employee wants to take birth-related 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 the employee wants to start and end the leave.

(3)The employee must, before starting the leave, give the employer—

(a)if required by the employer—sufficient evidence to satisfy a reasonable person that the employee 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 the employee’s spouse.

(4)Without limiting subsection (3)(a), the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.

64   Employee notice—intention of pregnant employee’s spouse to take birth-related leave

(1)This section applies if an employee whose spouse is pregnant or has given birth to a child wants to take birth-related leave.

(2)The employee must give the employer—

(a)for long birth-related 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)if required by the employer—sufficient evidence to satisfy a reasonable person that the employee’s spouse is pregnant and the expected date of birth; and

(b)for long birth-related leave—a statutory declaration by the employee stating—

(i)the period of any birth-related leave sought by the employee’s spouse; and

(ii)that the employee is seeking the leave because the employee is to be responsible for the care of the child.

(4)Without limiting subsection (3)(a), the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.

65   Employee notice—intention to take 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 adoption (the expected adoption 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 adoption 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 adoption 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)that the employee is seeking the leave because the employee is to be responsible for the care of the child.

(4)In this section—

adoption agency means an agency, body, office or court, authorised by a Commonwealth law or State law to perform functions about adoption.

66   Employee notice—intention to take 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 the employee’s surrogate 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)that the employee is seeking the leave because the employee is to be responsible for the care of the child.

66A   Employee notice—intention to take cultural parent leave

(1)This section applies if an employee wants to take cultural parent leave.

(2)The employee must give the employer—

(a)for long cultural parent leave—written notice of intention to take the leave at least 10 weeks before the expected date when a cultural recognition order will be made transferring a child’s parentage to the employee (the expected parental transfer 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 cultural parent; and

(b)the expected parental transfer date; and

(c)for long cultural parent leave—

(i)the period of leave sought by the employee; and

(ii)the period of any cultural parent leave sought by the employee’s spouse; and

(iii)that the employee is seeking the leave because the employee is to be responsible for the care of the child.

67   Reasons not to give notice or documents

(1)An employee does not fail to comply with section 63, 64, 65 or 66 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’s adoption before the expected adoption date; or

(c)the child starting to reside with the employee before the expected residence date; or

(d)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 child’s birth or adoption or the child starts residing with the employee; and

(b)in the case of the birth of a living child—a health practitioner’s certificate stating the date on which the child was born; and

(c)in the case of the birth of a stillborn child—a health practitioner’s certificate stating the date on which the child was stillborn.

68   Consequences of failure to give notice of intention to take parental leave

(1)This section applies if an employee fails to comply with section 63, 64, 65 or 66.

(2)Despite subdivision 2, the employer is not required to provide the parental leave until the employee complies with the section.

69   Employee notice—change to situation

An employee must notify the employer of any change in the information provided under section 63, 64, 65 or 66 within 2 weeks after the change.

70   Employee to advise employer about particular changes

(1)This section applies to an employee who is absent on parental leave.

(2)The employee must advise the employer of any change in the employee’s contact details, including any change of address.

Note—

Advice given under subsection (2) may be used by an employer for section 72 to advise the employee about significant change at the workplace.

(3)The employee 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.

71   Employer to advise about parental leave entitlements

(1)Subsection (2) applies to an employer on becoming aware—

(a)an employee or an employee’s spouse is pregnant; or

(b)an employee is adopting a child; or

(c)an employee is an intended parent under a surrogacy arrangement; or

(d)an employee is a cultural parent who is applying for a cultural recognition order.

(2)The employer must inform the employee of—

(a)the employee’s parental leave entitlement under this division; and

(b)the employee’s obligations to notify the employer of any matter under this division.

(3)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 (2) has been complied with.

72   Employer’s obligation to advise about significant change at the workplace

(1)This section applies if an employer decides to implement significant change at a workplace.

(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, the status or level of responsibility attached 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.

Subdivision 4 Application to extend parental leave or work part-time

73   Application for extension of parental leave

(1)An employee entitled to parental leave under subdivision 2, or who is taking parental leave, may apply to the employer for an extension of the leave for an unbroken period of up to 104 weeks in total, minus the period of any short parental leave taken by the employee.

(2)An employee may not make more than 1 application under subsection (1) within a 12-month period in relation to a particular instance of parental leave, unless the employer agrees.

74   Application 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)Also, an employee who returned to work on a full-time basis after taking parental leave may apply to the employer to change to work on a part-time basis.

(3)An employee may not make more than 1 application under this section within a 12-month period, unless the employer agrees.

75   Application for extension or part-time work

(1)An application mentioned in section 73 or 74 must—

(a)be in writing; and

(b)be made—

(i)for an application for extension of short parental leave—at least 2 business days before the leave ends; or

(ii)for an application for extension of long parental 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; or

(iv)for an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and

(c)state the application is an application for extension of parental leave under section 73 or an application to return or change to work on a part-time basis under section 74, as appropriate; and

(d)state the dates the extension, or return or change 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)for an application for extension of long parental leave or to return or change to work on a part-time basis—be accompanied by a statutory declaration by the employee stating—

(i)for an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or

(ii)for an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.

(2)The period for which an application may be made under section 74 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.

76   Employer’s decision on application for extension or part-time work

(1)In deciding whether to agree to an application under section 73 or 74, 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 refuse an application under section 73 or 74 unless the employer has given the employee a reasonable opportunity to discuss the application.

(3)The employer must not unreasonably refuse an application under section 73 or 74.

(4)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—as soon as possible after receiving the application but before the short parental leave ends; or

(b)for any other application—within 14 days after receiving the application.

(5)If the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.

Subdivision 5 Other provisions affecting duration of parental leave

77   Spouses not to take long parental leave at same time

(1)An employee is not entitled to long parental leave when the employee’s spouse is on long parental leave.

(2)If the employee contravenes subsection (1), the period of parental leave the employee is entitled to is reduced by the period for which the employee and the employee’s spouse were on parental leave in contravention of subsection (1).

78   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 ends other than by the birth of a living child or stillborn child; or

(c)the adoption of the child by the employee does not proceed; or

(d)a child does not start residing with the employee under the surrogacy arrangement; or

(e)a cultural recognition order transferring the parentage of a child to the employee is not made.

(2)Subsection (3) applies if, while an employee is on parental leave—

(a)the pregnancy ends 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 adoption of the child by the employee does not proceed or continue; or

(d)the residence of the child with the employee under the surrogacy arrangement does not start or continue; or

(e)a cultural recognition order transferring the parentage of a child to the employee is discharged.

(3)The employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—

(a)the employee intends to resume work; and

(b)the reason for the resumption.

(4)This section does not affect an employee’s entitlement to—

(a)special pregnancy-related leave or sick leave under section 85; or

(b)late term pregnancy leave under section 85AA; or

(c)if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or

(d)birth-related leave for the birth of a stillborn child under section 85A.

79   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 maximum period of parental leave.

(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 any of the following—

(a)a law;

(b)an applicable industrial instrument;

(c)a contract of employment.

80   Working on a keeping in touch day during period of parental leave

(1)An employee may work for the employee’s employer on a day (a keeping in touch day) during the employee’s unpaid parental leave if—

(a)the purpose of performing the work is to enable the employee to keep in touch with the employee’s employment to facilitate a return to the employment after the end of the period of parental leave; and

(b)the employer and employee agree to the employee performing the work for the employer on the day; and

(c)the day is not within—

(i)if the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or

(ii)otherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and

(d)the employee has not worked 10 or more keeping in touch days for the employer or another entity during the relevant leave period.

Note—

The employer will be obliged, under the applicable industrial instrument or contract of employment, to pay the employee for performing work on a keeping in touch day.

(2)If the employee works on a keeping in touch day, the period of the parental leave is not broken or extended by the employee working on the keeping in touch day.

(3)The period the employee works on the keeping in touch day is not relevant for this section.

(4)In this section—

relevant leave period means—

(a)means a period of unpaid parental leave taken by the employee; or

(b)if an application for an extension of parental leave under section 73 is agreed to—the period agreed under section 73.

Note—

See the Paid Parental Leave Act 2010 (Cwlth), sections 48 to 50 for how working on a keeping in touch day within the meaning of that Act affects an employee’s eligibility for paid parental leave under that Act.

81   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 maximum period of parental leave under section 62.

82   Extending period of parental leave by notice

(1)An employee may extend the period of parental leave 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 62(1)(a).

(4)Parental leave may be extended under subsection (1) only once.

83   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.

84   Effect on parental leave of employee ceasing to be responsible for the care of the child

(1)This section applies if—

(a)during a substantial period starting on or after the start of an employee’s long parental leave the employee is no longer responsible for the care of the child; and

(b)considering the length of the period and any other relevant circumstances, it is reasonable to expect the employee will not be responsible for the care of the child 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.

Subdivision 6 Other entitlements

85   Special pregnancy-related leave and sick leave

(1)This section applies if—

(a)an employee’s pregnancy ends before the expected date of birth, other than by the birth of a living child or stillborn child; or

(b)before an employee starts birth-related leave, the employee suffers illness related to the employee’s pregnancy.

(2)For as long as a health practitioner certifies leave is necessary, the employee is entitled to the following types of leave—

(a)unpaid leave (special pregnancy-related leave);

(b)paid sick leave, either instead of, or as well as, special pregnancy-related leave.

85AA    Late term pregnancy leave

(1)A pregnant employee is entitled to unpaid leave (late term pregnancy leave) for a period immediately before the employee starts birth-related leave.

(2)Late term pregnancy leave can not start earlier than 6 weeks before the expected date of birth.

(3)The employee must, before starting the leave, give the employer at least 4 weeks written notice of intention to take the leave.

(4)The employee may withdraw the notice of intention to take late term pregnancy leave by written notice to the employer before the leave starts.

(5)Subject to subsection (6), late term pregnancy leave must be taken as a single continuous period continuing until the employee starts birth-related leave.

(6)Late term pregnancy leave may be interrupted by special pregnancy-related leave or sick leave under section 85.

(7)If, while an employee is taking late term pregnancy leave, the pregnancy ends other than by the birth of a living child, the employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—

(a)that the employee intends to resume work; and

(b)the reason for the resumption.

85A    Birth-related leave—stillborn child

(1)This section applies if an employee’s pregnancy ends by the birth of a stillborn child.

(2)The employee and the employee’s spouse are each entitled to the birth-related leave that they would have been entitled to if the child had been born living.

(3)For this division, the employee and the employee’s spouse are taken to be responsible for caring for a child.

86   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 procedure for adoption.

87   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.

87A   Special cultural recognition order leave

(1)An employee who is a birth parent or a cultural parent under an application for a cultural recognition order is entitled to up to 2 days unpaid leave to prepare material and give to the commissioner information associated with the application.

(2)In this section—

birth parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, section 9.

commissioner see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, schedule 1.

87B   Flexible parental leave

(1)This section applies if—

(a)an employee is entitled to parental leave under subdivision 2 to be responsible for the care of a child of the employee; and

(b)the periods of the parental leave the employee has taken for the child, and any late term pregnancy leave the employee has taken under section 85AA, total less than 52 weeks.

(2)The maximum number of days of unpaid flexible parent leave the employee is entitled to in relation to the child is—

(a)100 days; or

(b)if a greater number of days is prescribed by regulation, the prescribed number of days.

(3)However, the employee’s entitlement to flexible parental leave under subsection (2) ends when—

(a)the sum of the following amounts equals or exceeds 52 weeks—

(i)the total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA;

(ii)the total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4); or

(b)the period mentioned in subsection (6) ends.

(4)For subsection (3)(a)(ii), the number of days of flexible parental leave taken by the employee is expressed as a notional 5-day work week by adding 2 days of notional weekend for each 5 days of leave taken.

(5)The employee’s flexible parental leave under subsection (2) may be taken—

(a)whether or not the employee has taken any of the parental leave the employee is entitled to take to be responsible for the care of the child; and

(b)in an unbroken period or broken periods; and

(c)if the total period of the parental leave taken by the employee for the child concurrently with the employee’s spouse, if any, does not exceed 8 weeks—concurrently with the employee’s spouse’s parental leave for the child.

(6)The employee may take flexible parental leave within the period of 104 weeks after—

(a)the child was born; or

(b)the child was adopted by the employee; or

(c)the child started residing with the employee under the surrogacy arrangement; or

(d)the child’s parentage was transferred to the employee under a cultural recognition order.

(7)If the child and another child of the employee were born during the same multiple birth, or were adopted by the employee on the same day, the employee’s entitlement to flexible parental leave under this section—

(a)applies jointly in relation to both children; and

(b)does not apply separately in relation to each child.

(8)The employee’s entitlement to take parental leave under subdivision 2 to be responsible for the care of the child ends on the first day the employee takes flexible parental leave in relation to the child.

(9)However, subsection (8) does not affect the employee’s entitlement to flexible parental leave under this section.

(10)In this section, a reference to parental leave taken by an employee for a child—

(a)is a reference to the parental leave taken by the employee under subdivision 2 to be responsible for the care of the child; but

(b)does not include parental leave taken that is part of an extended period of parental leave agreed to in response to an application under section 73.

88   Return to work after parental leave etc.

(1)This section applies to an employee who returns to work after—

(a)parental leave; or

(b)special pregnancy-related leave or sick leave under section 85.

(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 birth-related 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 89 before starting birth-related leave—the position held by the employee immediately before the transfer.

(3)If the position mentioned in subsection (2) 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 the employee is entitled available to the employee.

(5)If a long term casual employee’s hours were reduced because of the pregnancy before starting birth-related leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.

89   Transfer to a safe job

(1)This section applies whenever the present work of an employee is, because the employee is pregnant or breastfeeding, a risk to the health and safety of the employee or the employee’s unborn or newborn child.

(2)The assessment of the risk is to be made on the basis of—

(a)a health practitioner’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—

13   Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding

(1)This section applies to a proceeding before the commission if the chief executive is a party to the proceeding because the chief executive is taken to be the employer of health service employees instead of a prescribed Service.

(2)The commission may make orders, give directions or do anything else it may do under this Act in relation to the prescribed Service as if the prescribed Service was a party to the proceeding.

(3)Subsection (2) does not limit the orders, directions or other action the commission may take in relation to the chief executive.

Schedule 4A [Expired]

Schedule 4B [Expired]

Schedule 5 Dictionary

section 6

act, for chapter 12, part 13, see section 826.

action, for chapter 8, part 1, includes omission.

administer, for chapter 11, part 5, see section 525.

administrator, for an organisation or a branch of an organisation, means an administrator appointed for the organisation or branch under section 870.

adoption leave, for chapter 2, part 3, division 8, see section 57.

adverse action, for chapter 8, part 1, see section 282.

amalgamated organisation, for chapter 12, part 14, see section 838.

amalgamation, for chapter 12, see section 595.

amalgamation ballot, for chapter 12, part 14, see section 838.

amalgamation day, for chapter 12, part 14, see section 838.

amount in relation to employment ...

apparent employer, for chapter 9, part 2, division 4, see section 381.

applicable industrial instrument, for chapter 2, see section 14.

applicant, for a relevant incorporation Act application, for chapter 11, part 8A, see section 578C(2).

applied provision, for chapter 10A, see section 406A.

applies to—

(a)in relation to a modern award, see section 153; or

(b)in relation to a bargaining instrument, see section 220; or

(c)in relation to a contract instrument, for chapter 10A, see section 406H.

apprentice see the Further Education and Training Act 2014, schedule 1.

apprenticeship see the Further Education and Training Act 2014, schedule 1.

apprenticeship contract see the Further Education and Training Act 2014, schedule 1.

approved auditor, for chapter 12, see section 595.

approved form means a form approved by the rules committee or chief executive under section 989.

approved superannuation fund means a complying superannuation fund nominated in an industrial instrument.

approving authority means the chief executive (training).

arbitration determination see section 168.

association means an unincorporated entity formed or carried on to protect and promote its members’ interests.

attachment notice, for chapter 9, part 2, see section 355.

attendance notice means a notice in the approved form issued by the court, the commission, an Industrial Magistrates Court or the registrar requiring a person to attend at a stated time and place until excused, for 1 or more of the following—

(a)to give evidence;

(b)to produce a stated document or thing;

(c)another purpose specified in the notice.

audit complaint report, for chapter 12, part 15, see section 866.

auditor, for chapter 12, see section 595.

audit report, for chapter 12, means a report prepared under section 768.

Australian commission means FWC.

authorised officer, for chapter 9, part 1, see section 336.

award—

(a)generally, means—

(i)a modern award; or

(ii)a bargaining award; or

(iii)an award continued in force under this Act; and

(b)for chapter 4, part 5, division 3—includes a federal award.

ballot records, for chapter 12, see section 595.

bargaining award see section 166.

bargaining instrument see section 168.

birth-related leave, for chapter 2, part 3, division 8, see section 57.

board member officer means an officer of an organisation who is a board member officer under section 745(1)(c).

branch, for chapter 12, see section 595.

bullied in the workplace, for chapter 7, see section 272.

business hours of an employer means the hours of operation of the employer’s business.

calling means—

(a)a craft, manufacture, occupation, trade, undertaking or vocation; or

(b)a section of something mentioned in paragraph (a).

candidate, for chapter 12, part 9, see section 702.

carer’s leave, for chapter 2, part 3, division 6, subdivision 2, see section 42, 43 or 44.

casual employee, for chapter 2, part 3, division 9, subdivision 6, see section 102.

casual vacancy, for chapter 12, see section 595.

certification application, for chapter 10A, see section 406A.

certified, in relation to a document, for chapter 12, see section 595.

certified agreement see section 164.

chief executive, for schedule 4, see schedule 4, section 1.

chief executive (associations incorporation) means the chief executive of the department in which the Associations Incorporation Act 1981 is administered.

chief executive (training) means the chief executive of the department in which the Further Education and Training Act 2014 is administered.

child, for chapter 2, part 3, division 8, see section 57.

civil penalty order, for chapter 11, part 8, see section 574(2).

civil penalty provision see section 570.

civil remedy provision, for chapter 11, part 3, division 4, see section 507B.

claimant, for chapter 10, part 3, division 2, see section 403.

claim for wages means a claim—

(a)for an employee’s wages payable under an industrial instrument or permit or under section 22; or

(b)for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit; or

(c)for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit; or

(d)for amounts payable, with an employee’s written consent, from an employee’s wages; or

(e)under chapter 9, part 2, division 2; or

(f)for amounts payable for a tool allowance under section 137; or

(g)for damages for contravention of an agreement made under an industrial instrument; or

(h)for damages suffered by an employee because the employer fails to pay the employee’s wages; or

(i)for compensation under section 121.

collective body, for chapter 12, part 13, see section 826.

collegiate electoral system, for chapter 12, part 4, see section 626.

commission—

(a)generally—see section 429; or

(b)for schedule 2—see schedule 2, section 1.

commissioner see section 432(1)(b).

committee meeting, for chapter 12, see section 595.

Commonwealth Fair Work Act means the Fair Work Act 2009 (Cwlth).

Commonwealth Registered Organisations Act means the Fair Work (Registered Organisations) Act 2009 (Cwlth).

complaints auditor, for chapter 12, part 15, division 2, see section 866(2).

complying superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth).

conciliating member, for chapter 4, see section 177.

constituent part, for chapter 12, part 14, see section 838.

construction means building and construction, civil and engineering construction or demolition work.

consultative committee, for chapter 17, part 1, see section 968.

continuing health employee ...

continuous service, for chapter 2, part 3, division 9, see section 93.

contract, for chapter 10A, see section 406A.

contract determination, for chapter 10A, see section 406N(1)(a).

contracted work, for chapter 9, part 2, see section 355.

contract instrument, for chapter 10A, see section 406A.

convicted of a disqualifying offence, for chapter 12, part 9, see section 702.

convicted person, for chapter 12, part 9, see section 702.

corporation, for chapter 12, see section 596.

counterpart federal body, for chapter 12, see section 597.

courier service contract, for chapter 10A, see section 406D.

courier vehicle, for chapter 10A, see section 406A.

court see section 407.

covers—

(a)in relation to a bargaining instrument, see section 221; or

(b)in relation to a contract instrument, for chapter 10A, see section 406I.

cultural parent for chapter 2, part 3, division 8, see section 57.

cultural parent leave for chapter 2, part 3, division 8, see section 57.

cultural recognition order for chapter 2, part 3, division 8, see section 57.

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; or

(d)a bargaining award made or amended by the commission.

declared employee, for chapter 16, part 2, see section 957.

declared employer, for chapter 16, part 2, see section 957.

defect, for chapter 12, see section 595.

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 employee organisation.

demarcation dispute undertaking, for chapter 12, see section 595.

deputy president means—

(a)a deputy president (court); or

(b)a person appointed as a deputy president of the commission under section 441.

deputy president (court) means a person appointed as a deputy president (court) of the court under section 421.

deputy registrar see section 508(2)(b).

deregistered organisation, for chapter 12, see section 595.

deregistration, for chapter 12, see section 595.

deregistration order, for chapter 12, part 16, see section 878.

designated award, for chapter 4, see section 168.

designated officer, of a reporting unit, for chapter 12, see section 753(1).

direct voting system, for chapter 12, part 4, see section 627.

disclosure notice, for chapter 12, see section 716(2).

discrimination means discrimination that would contravene the Anti-Discrimination Act 1991.

dispute, for chapter 6, see section 260.

disqualification period, for chapter 12, part 9, see section 709(1).

disqualifying offence, for chapter 12, part 9, see section 702.

doctor’s certificate ...

domestic violence has the meaning given by the Domestic and Family Violence Protection Act 2012.

dual commissioner see section 492.

elected, for chapter 12, part 9, see section 702.

election, for chapter 12, see section 595.

electoral commission, for chapter 12, see section 595.

electoral officer, for chapter 12, see section 595.

electronic document ...

eligibility rules, for chapter 12, see section 595.

eligible association ...

eligible employee means an employee who, under a relevant industrial instrument, is an eligible employee for entitlement to occupational superannuation benefits.

eligible for registration under chapter 12, for chapter 11, part 2, division 4, subdivision 10A, see section 483A.

eligible rollover fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth).

employee, generally, see section 8.

employee organisation means an organisation of employees.

employee with a disability means an employee who—

(a)is qualified for a disability support pension under the Social Security Act 1991 (Cwlth), section 94 or 95; or

(b)would be qualified for a disability support pension but for section 94(1)(e) or 95(1)(c) of that Act.

employer—

(a)generally—see section 7; and

(b)for chapter 4—see section 168; and

(c)for chapter 9, part 2—see also section 355.

employer organisation means an organisation of employers.

engages in industrial activity, for chapter 8, part 1, see section 290.

equal remuneration for work of equal or comparable value means equal remuneration for male and female employees for work of equal or comparable value.

exercising, for chapter 11, part 5, see section 525.

existing organisation, for chapter 12, part 14, see section 838.

expected adoption date see section 65(2)(a).

expected placement date ...

expected residence date see section 66(2)(a).

fair work claim see section 507B.

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 enterprise agreement or an individual flexibility arrangement under the Commonwealth Fair Work Act; or

(b)an Australian workplace agreement, or a certified agreement, under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).

federal award means—

(a)a modern award under the Commonwealth Fair Work Act; or

(b)an award under the repealed Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).

federal industrial authority, for chapter 16, part 2, see section 957.

federal industrial instrument means—

(a)a fair work instrument under the Commonwealth Fair Work Act; or

(b)an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3, part 2; or

(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 10, see section 397.

file, for chapter 12, see section 595.

final payment ...

financial hardship payment, for chapter 12, see section 595.

financial records, for chapter 12, see section 595.

financial year, for chapter 12, see section 598.

finder’s fee, for chapter 10, see section 397.

fixed rate, for chapter 9, part 2, division 3, see section 370.

full bench see section 432(2).

full pay means payment in full for the time an employee is absent from work.

FWC means the Fair Work Commission under the Commonwealth Fair Work Act.

general meeting, for chapter 12, see section 595.

general purpose financial report, for chapter 12, see section 595.

group of employees, for chapter 4, see section 168.

group training organisation see the Further Education and Training Act 2014, schedule 1.

health employee ...

health employer ...

health practitioner means a person registered to practise a health profession, other than as a student, under the Health Practitioner Regulation National Law.

health practitioner’s certificate means a certificate signed by a health practitioner.

health service employee, for schedule 4, see schedule 4, section 1.

health service employer, for schedule 4, see schedule 4, section 1.

highest paid officer means an officer of an organisation who is 1 of the organisation’s highest paid officers under section 745(1)(a) or (b).

host employer means a person who contracts with a group training organisation for the training of apprentices and trainees.

identity card, for chapter 13, see section 898.

immediate family includes—

(a)the employee’s spouse; and

(b)a child, ex-nuptial child, stepchild, adopted child, foster child, ex-foster child, parent, grandparent, grandchild or sibling of the employee or employee’s spouse.

incorporated association means an incorporated association under the Associations Incorporation Act 1981.

independent courier, for chapter 10A, see section 406B.

industrial action means a lockout or strike.

industrial association ...

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 cause includes—

(a)an industrial matter; and

(b)an industrial dispute; and

(c)a work-related matter under the Anti-Discrimination Act 1991; and

(d)another matter within the jurisdiction of the commission.

industrial commissioner means a person appointed as an industrial commissioner under section 442.

industrial conduct ground, for chapter 12, part 16, see section 877.

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—

(a)an award; or

(b)a certified agreement; or

(c)an arbitration determination; or

(d)a code of practice under section 389; or

(e)an order under chapter 2, part 5 or 6.

industrial instrument employee for chapter 9, part 1, see section 336.

industrial law means—

(a)this Act; or

(b)another Act regulating the relationships between employers and employees.

industrial matter see section 9.

industrial organisation means any of the following—

(a)an employee organisation;

(b)an association of employees that is eligible for registration under chapter 12 within the meaning of section 483A(1);

(c)an employer organisation;

(d)an association of employers that is eligible for registration under chapter 12 within the meaning of section 483A(2);

(e)a branch of an organisation or association mentioned in paragraph (a), (b), (c) or (d).

industrial relations commission means the Queensland Industrial Relations Commission established under section 429.

industrial tribunal, for chapter 11, part 5, division 5A, for an unpaid amount claim, see section 547B.

industrial tribunal, for chapter 11, part 6, division 5, see section 563.

inspector means a person, including the chief inspector, who holds an appointment as an inspector under section 899.

intended cultural parent for chapter 2, part 3, division 8, see section 57.

intended parent, for chapter 2, part 3, division 8, see section 57.

invalidity, for chapter 12, part 13, see section 826.

investigation report, for chapter 12, part 15, see section 865.

invited representative, for chapter 17, part 1, see section 974.

irregularity, for chapter 12, see section 595.

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.

late term pregnancy leave, for chapter 2, part 3, division 8, see section 85AA(1).

LGAQ Ltd., for chapter 17, part 1 means the LGAQ Ltd. under the Local Government Act 2009, section 287(2).

loans, grants and donations register, for chapter 12, part 11, see section 731.

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, for chapter 2, part 3, division 8, see section 57.

long birth-related leave, for chapter 2, part 3, division 8, see section 57.

long cultural parent leave for chapter 2, part 3, division 8, see section 57.

long parental leave, for chapter 2, part 3, division 8, see section 57.

long surrogacy leave, for chapter 2, part 3, division 8, see section 57.

long term casual employee, for chapter 2, see section 15.

magistrate see section 505.

management committee, for chapter 12, see section 595.

manager, for chapter 10, see section 399.

maternity leave ...

maximum period of parental leave, for chapter 2, part 3, see section 62.

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 employee, for chapter 9, part 1, division 5, subdivision 2, see section 349.

members, for chapter 12, part 16, see section 877.

membership subscription, for chapter 12, see section 595.

member’s liability, for chapter 12, part 10, division 5, see section 728.

members register, for chapter 12, see section 595.

mine, for chapter 9, part 2, division 1, see section 355.

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 10, see section 397.

model election rules, for chapter 12, see section 595.

modern award means—

(a)an award made under chapter 3; or

(b)an award taken to have been made under section 229.

mortgagee, for chapter 9, part 2, division 1, see section 355.

mortgagor, for chapter 9, part 2, division 1, see section 355.

multi-employer, for chapter 4, see section 168.

multi-employer agreement, for chapter 4, see section 168.

national fair work legislation, for chapter 16, part 2, see section 957.

negotiated agreement, for chapter 10A, see section 406V(1).

negotiating party—

(a)for chapter 4, see section 168; or

(b)in relation to negotiations under chapter 10A, part 4 with a view to a negotiated agreement being made, for chapter 10A, see section 406A.

new business means the ongoing operation, once established, of a single business 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.

newly registered organisation, for chapter 12, part 14, see section 838.

new State instrument, for chapter 16, part 2, see section 957.

non-industrial instrument employee, for chapter 9, part 1, see section 336.

notice of intention, for chapter 4, see section 169.

objection ground, for a relevant incorporation Act application, for chapter 11, part 8A, see section 578D.

obstruct includes assault, hinder, intimidate, resist and threaten to obstruct.

occupier, for chapter 13, see section 898.

office, for chapter 12, see section 599.

officer, for chapter 12, see section 595.

officers register, for chapter 12, see section 595.

old federal instrument, for chapter 16, part 2, see section 957.

ordinary election, for chapter 12, see section 595.

ordinary hours of work for chapter 2, see section 14.

ordinary rate, for an employee under an industrial instrument, federal award or federal agreement, means—

(a)for sections 35(2)(a) and 98(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 2, part 3, division 10, see section 115.

organisation means a body registered under chapter 12 as an organisation.

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, for chapter 2, part 3, division 9, see section 93.

parental leave, for chapter 2, part 3, division 8, see section 57.

part 5 application, for chapter 4, see section 168.

party—

(a)in relation to a bargaining instrument or proposed bargaining instrument, for chapter 4, see section 168; or

(b)to an industrial dispute, means any of the parties between which the industrial dispute exists.

party ...

pay an employee includes pay, with the employee’s written consent, on account of the employee.

peace obligation period, for chapter 4, see section 174(2).

pensions Act means the Judges (Pensions and Long Leave) Act 1957.

performer, for chapter 10, see section 397.

period between seasons, for chapter 2, part 3, division 9, see section 93.

permit means—

(a)a students permit; or

(b)an aged or infirm persons permit.

pieceworker means a person employed in a calling on piecework rates.

place—

(a)generally, means—

(i)any land, building, structure, vehicle, vessel or aircraft; or

(ii)any part of a thing mentioned in subparagraph (i); and

(b)for chapter 13—see section 898.

postal ballot, for chapter 12, see section 595.

premises, for chapter 13, see section 898.

prescribed Service, for schedule 4, see schedule 4, section 1.

president, for chapter 12, see section 595.

presidential member means the president, the vice president or a deputy president.

prime contractor, for chapter 9, part 2, see section 355.

principal contractor, for chapter 10A, see section 406C.

private employment agent, for chapter 10, see section 398.

probationary period, for chapter 2, part 5, see the Further Education and Training Act 2014, schedule 1.

proceeding, for schedule 2, see schedule 2, section 1.

process or proceedings under an industrial law or industrial instrument, for chapter 8, part 1, see section 283.

project, for chapter 4, see section 168.

project agreement, for chapter 4, see section 168.

promotion decision see the Public Sector Act 2022, section 129.

proposed amalgamated organisation, for chapter 12, part 14, see section 838.

proposed bargaining instrument, for chapter 4, see section 168.

proposed deregistering organisation, for chapter 12, part 14, see section 838.

proposed negotiated agreement, for chapter 10A, see section 406A.

protected industrial action, for chapter 4, part 8, see section 233(1).

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 Sunday (the Sunday 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, sections 2 and 11 to 15; 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; or

(d)for working out a person’s entitlements under this Act or an industrial instrument—the part-day that is a public holiday under the Holidays Act 1983, section 2(3).

public place, for chapter 13, see section 898.

Public Sector Commissioner means the Public Sector Commissioner appointed under the Public Sector Act 2022, section 212(1).

public service appeal means an appeal against a decision under the Public Sector Act 2022, chapter 3, part 10.

publish, for chapter 10, see section 397.

published, in relation to the QIRC website, means published as provided under section 524.

QIRC website see section 523.

Queensland Employment Standards see section 21(3).

Queensland Health ...

Queensland Human Rights Commission means the Queensland Human Rights Commission established under the Anti-Discrimination Act 1991.

Queensland minimum wage means the wage declared by the full bench under section 458 to be the Queensland minimum wage.

Queensland referral Act, for chapter 1, part 3, see section 11.

rate, for chapter 9, part 2, division 3, see section 370.

record 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 22 applies—wages at a rate less than the Queensland minimum wage.

redundancy pay see section 126(1).

referral agreement see section 470(1)(b).

referred claim, for chapter 9, part 2, division 4, see section 381.

referred employer, for chapter 9, part 2, division 4, see section 381.

register, for chapter 12, see section 595.

registered employee organisation ...

registrar see section 508(2)(a).

registrar’s auditor, for chapter 12, part 11, see section 799.

registration, for chapter 12, see section 595.

registry see section 508(1).

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, for chapter 4, see section 168.

relevant contract determination, in relation to a proposed negotiated agreement, for chapter 10A, see section 406ZD(2).

relevant day, for chapter 16, part 2, see section 957.

relevant employee, for chapter 4, see section 168.

relevant employee organisation—

(a)for chapter 4, see section 168; or

(b)for chapter 10A, see section 406A.

relevant incorporation Act application, for chapter 11, part 8A, see section 578C(1).

relevant industrial instrument, for chapter 2, see section 14.

relevant industrial tribunal, for chapter 11, part 8, see section 570.

relevant instrument, for chapter 3, part 6, see section 158.

relevant member, for chapter 11, part 1, division 1, see section 584.

remuneration for a provision relating to work of equal or comparable value, includes—

(a)the wage or salary payable to an employee; and

(b)amounts payable or other benefits made available to an employee under a contract of employment.

remuneration register, for chapter 12, part 11, see section 731.

repealed Act means the repealed Industrial Relations Act 1999.

reporting unit, for chapter 12, see section 595.

reporting unit’s organisation, for chapter 12, see section 595.

required number, for chapter 12, see section 595.

right to represent ...

rules application, for chapter 12, see section 646.

rules committee means the rules committee established under section 550.

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.

scope order—

(a)for chapter 4, see section 184(1); or

(b)for chapter 10A, see section 406ZB(1).

season, for chapter 2, part 3, division 9, see section 93.

seasonal employment means employment related to a season.

secretary, for chapter 12, see section 595.

service, for chapter 2, part 4, see section 130.

sex or gender-based harassment means the harassment of a person (the harassed person), on the basis of the harassed person’s sex or gender, by another person who—

(a)engages in unwelcome conduct of a demeaning nature in relation to the harassed person on the basis of—

(i)the harassed person’s sex or gender; or

(ii)a characteristic a person of the harassed person’s sex or gender generally has; or

(iii)a characteristic often imputed to a person of the harassed person’s sex or gender; or

(iv)a sex or gender the harassed person is presumed to have, or to have had at any time, by the person engaging in the conduct; or

(v)a sex or gender the harassed person has had, even if the harassed person did not have that sex or gender at the time of the conduct; and

(b)engages in the conduct—

(i)with the intention of offending, humiliating or intimidating the harassed person; or

(ii)in circumstances in which a reasonable person would have anticipated the possibility that the harassed person would be offended, humiliated or intimidated by the conduct.

sexual harassment means sexual harassment that would contravene the Anti-Discrimination Act 1991 or the Sex Discrimination Act 1984 (Cwlth).

short adoption leave, for chapter 2, part 3, division 8, see section 57.

short birth-related leave, for chapter 2, part 3, division 8, see section 57.

short cultural parent leave for chapter 2, part 3, division 8, see section 57.

short parental leave, for chapter 2, part 3, division 8, see section 57.

short surrogacy leave, for chapter 2, part 3, division 8, see section 57.

short term casual employee, for chapter 2, see section 14.

show cause notice, for chapter 6, see section 265(7).

show holiday, for chapter 2, part 3, division 10, see section 115.

small organisation, for chapter 12, part 16, see section 877.

special maternity leave ...

special pregnancy-related leave, for chapter 2, part 3, division 8, see section 85.

spouse, of an employee, includes a former spouse of the employee.

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.

stillborn child, for chapter 2, part 3, division 8, see section 57.

strike—

1

Strike means the conduct of 2 or more employees employed or formerly employed by an employer, if—

(a)the conduct is any of the following—

(i)a wilful failure to perform work required under the employees’ contracts of employment;

(ii)the performance of work by the employees in a way that it is not customarily performed;

(iii)the adoption of a practice or strategy by the employees resulting in a restriction, limitation or delay in the performance of work or a restriction or limitation of the product of work;

(iv)a ban, restriction or limitation on the performance of work or accepting or offering work;

(v)a wilful failure of the employees to attend work that is not allowed by the employer;

(vi)a wilful failure of the employees to perform work in a way that is not allowed by the employer; and

(b)the conduct occurs because of a combination, agreement or understanding, express or implied, entered into by the employees for any of the following purposes—

(i)to compel or induce an employer to agree to employment conditions;

(ii)to compel or induce an employer to employ or stop employing a person or class of persons;

(iii)to compel or induce an employer to comply with demands made by the employees or any other employee;

(iv)to help employees in the employment of another employer to compel or induce the other employer in a way mentioned in subparagraph (i), (ii) or (iii);

(v)to cause loss or inconvenience to an employer in the conduct of business;

(vi)to incite, instigate, aid, abet or procure another strike.

2

Also, strike includes conduct capable of constituting a strike under paragraph (a) even though the conduct relates to only part of the functions the employees must perform in their employment.

3

However, strike does not include action by an employee if—

(a)the action was based on a reasonable concern by the employee about an imminent risk to the employee’s health or safety; and

(b)the employee did not unreasonably contravene a direction of the employee’s employer to perform other available work at the employee’s workplace, or another workplace, that was safe and appropriate for the employee to perform.

subcontractor, for chapter 9, part 2, see section 355.

successor includes assignee and transmittee.

superannuation contributions for chapter 9, part 2, division 4, see section 381.

surrogacy arrangement, for chapter 2, part 3, division 8, see section 57.

surrogacy leave, for chapter 2, part 3, division 8, see section 57.

surrogate child, for chapter 2, part 3, division 8, see section 57.

take, for chapter 11, part 5, see section 525.

terms, for chapter 16, part 2, see section 957.

time and wages record—

(a)for chapter 9, part 1, see section 336; or

(b)for chapter 9, part 1, division 5, subdivision 2, see section 349.

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 contract means—

(a)for an apprentice—an apprenticeship contract; or

(b)for a trainee—a traineeship contract.

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 2, part 4, see section 132(1).

unfair contract, for chapter 10A, see section 406ZU.

unfairly terminated, for a courier service contract, for chapter 10A, see section 406ZX.

unpaid amount claim see section 547B.

unpaid wages claim, for chapter 9, part 2, division 4, see section 381.

untaken leave ...

valid majority means—

(a)generally—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; or

(b)for chapter 10A, see section 406A.

vice-president means the person appointed as the vice-president of the court under section 418.

violent offence, for chapter 12, part 9, see section 702.

wage rate includes pay rate and prices for work.

wage-related information, for chapter 5, see section 246.

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 595.

withdrawal ballot, for chapter 12, part 14, see section 838.

withdrawal day, for chapter 12, part 14, see section 838.

working day means a day on which employees normally perform work.

work seeker, for chapter 10, see section 400(1) or (2).

workplace right, for chapter 8, part 11, see section 284.

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.