Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 (Qld)

Queensland Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Act No. 61 of 2013

Queensland Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 Division 1 3 4 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendments relating to industrial relations Amendment of Industrial Relations Act 1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 3 (Principal object of this Act) . . . . . . . . . . . . . . 21 Amendment of ch 2, hdg (General employment conditions) . . . . 21 Insertion of new ch 2, pt 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 1AA Preliminary 8AA Application of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Chapter 2A Modern employment conditions Part 1 Preliminary 71B Application of ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 22 71BA Definitions for ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 22 71BB Meaning of long term casual employee . . . . . . . . . . . 24 Part 2 Queensland Employment Standards Division 1 Preliminary 71C Meaning of Queensland Employment Standards . . . . 24 71CA Queensland Employment Standards subject to provisions of modern industrial instrument. . . . . . . . . 25 71CB Relationship between Queensland Employment Standards and directives . . . . . . . . . . . . . . . . . . . . . . 25 Division 2 Minimum wage

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71D Entitlement to minimum wage . . . . . . . . . . . . . . . . . . 26 Division 3 Annual leave Subdivision 1 Entitlement to annual leave 71E Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 26 71EA Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 71EB Working out completed year of employment . . . . . . . 27 Subdivision 2 Taking annual leave 71EC When annual leave may be taken . . . . . . . . . . . . . . . 28 71ED Terms that may be included in modern industrial instruments ............................ 28 Subdivision 3 Payment for annual leave 71EE Payment for annual leave . . . . . . . . . . . . . . . . . . . . . . 29 71EF Annual leave loading . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 4 Cashing out annual leave 71EG Requirements for cashing out annual leave . . . . . . . . 31 Subdivision 5 Payment on termination of employment 71EH Payment for annual leave on termination of employment 32 Division 4 Personal leave Subdivision 1 Sick leave 71F Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 32 71FA Entitlement to sick leave. . . . . . . . . . . . . . . . . . . . . . . 33 71FB Requirement for employee to give notice etc. . . . . . . 34 Subdivision 2 Carer’s leave 71FC Entitlement—employees other than casual employees 35 71FD Entitlement—long term casual employees . . . . . . . . . 36 71FE Entitlement—short term casual employees . . . . . . . . 36 71FF Employee to provide supporting information to employer 37 Subdivision 3 Bereavement leave 71FG Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 38 71FH Entitlement—employees other than casual employees 38 71FI Entitlement—casual employees . . . . . . . . . . . . . . . . . 39 71FJ Evidence to be provided by employee . . . . . . . . . . . . 39 71FK Additional leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Subdivision 4 Cultural leave 71FL Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Subdivision 5 General provision Page 2 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71FM Relationship to other rights. . . . . . . . . . . . . . . . . . . . . Division 5 Parental leave Subdivision 1 Preliminary 71G Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71GA Explanation of types of parental leave . . . . . . . . . . . . 71GB Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Entitlement 71GC Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 71GD Entitlement to birth-related leave . . . . . . . . . . . . . . . . 71GE Entitlement to adoption leave . . . . . . . . . . . . . . . . . . . 71GF Entitlement to surrogacy leave . . . . . . . . . . . . . . . . . . 71GG Maximum period of parental leave . . . . . . . . . . . . . . . Subdivision 3 Notices and information 71GH Employee notice—intention to take maternity leave. . 71GI Employee notice—intention to take birth-related leave other than maternity leave . . . . . . . . . . . . . . . . . . . . . 71GJ Employee notice—intention to take adoption leave . . 71GK Employee notice—intention to take surrogacy leave . 71GL Reasons not to give notice or documents . . . . . . . . . 71GM Consequences of failure to give notice of intention to take parental leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 71GN Employee notice—change to situation . . . . . . . . . . . . 71GO Employee to advise employer about particular changes 71GP Employer to advise about parental leave entitlements 71GQ Employer’s obligation to advise about significant change at the workplace . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Application to extend parental leave or return part-time 71GR Application for extension of parental leave . . . . . . . . . 71GS Application to work part-time . . . . . . . . . . . . . . . . . . . 71GT Application for extension or part-time work . . . . . . . . 71GU Employer’s decision on application for extension or part-time work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Other provisions affecting duration of parental leave 71GV Spouses not to take long parental leave at same time 71GW Cancelling parental leave . . . . . . . . . . . . . . . . . . . . . . 71GX Parental leave with other leave. . . . . . . . . . . . . . . . . . 41 41 42 42 45 45 46 46 46 47 47 48 49 50 50 51 51 52 52 53 53 54 55 56 57 58 2013 Act No. 61 Page 3

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71GY Interruption of parental leave by return to work . . . . . 58 71GZ Extending period of parental leave by notice . . . . . . . 59 71GZA Shortening period of parental leave . . . . . . . . . . . . . . 59 71GZB Effect on parental leave of employee ceasing to be primary caregiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Subdivision 6 Other entitlements 71GZC Special maternity leave and sick leave. . . . . . . . . . . . 60 71GZD Special adoption leave . . . . . . . . . . . . . . . . . . . . . . . . 60 71GZE Special surrogacy leave . . . . . . . . . . . . . . . . . . . . . . . 61 71GZF Return to work after parental leave etc. . . . . . . . . . . . 61 71GZG Transfer to a safe job . . . . . . . . . . . . . . . . . . . . . . . . . 62 71GZH Continuity of service . . . . . . . . . . . . . . . . . . . . . . . . . . 63 71GZI Dismissal because of pregnancy or parental leave . . 63 71GZJ Replacement employees . . . . . . . . . . . . . . . . . . . . . . 64 Subdivision 7 General 71GZK Relationship to other rights . . . . . . . . . . . . . . . 64 Division 6 Long service leave Subdivision 1 Preliminary 71H Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Subdivision 2 Relationship of division 6 with continuity of service provisions 71HA Application of pt 5 for particular purposes . . . . . . . . . 66 Subdivision 3 Entitlement 71HB Entitlement—employees other than seasonal employees 66 71HC Continuity of service—service before 23 June 1990 . 69 Subdivision 4 Taking long service leave 71HD Taking long service leave . . . . . . . . . . . . . . . . . . . . . . 69 Subdivision 5 Payment for long service leave etc. for employees generally 71HE Rate of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 71HF Payment for commission . . . . . . . . . . . . . . . . . . . . . . 71 71HG Disputes about payment—piecework rates . . . . . . . . 72 71HH Other matters relating to payment for long service leave 72 Subdivision 6 Casual or regular part-time employees 71HI Definition for sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 71HJ Continuity of service—casual employees. . . . . . . . . . 73 Page 4 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71HK Taking long service leave—casual or regular part-time employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71HL Payment for long service leave. . . . . . . . . . . . . . . . . . Subdivision 7 Seasonal employees in sugar industry and meat works 71HM Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 71HN Entitlement to long service leave . . . . . . . . . . . . . . . . 71HO Taking long service leave . . . . . . . . . . . . . . . . . . . . . . Subdivision 8 Other seasonal employees 71HP Entitlement of other seasonal employees. . . . . . . . . . Subdivision 9 Miscellaneous provisions 71HQ Payment instead of long service leave . . . . . . . . . . . . 71HR Payment instead of long service leave on death . . . . 71HS Continuity not broken by service in Reserve Forces . 71HT Recognition of certain exemptions . . . . . . . . . . . . . . . 71HU Person who is both employer and employee . . . . . . . Division 7 Public holidays 71I Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71IA Entitlement to be absent on public holiday . . . . . . . . . 71IB Payment for public holiday . . . . . . . . . . . . . . . . . . . . . Division 8 Jury service leave 71J Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Notice of termination and redundancy Subdivision 1 Notice of termination 71K Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 71KA What employer must do to dismiss employee . . . . . . 71KB Employer’s failure to give notice or pay compensation 71KC Minimum period of notice required from employers . . 71KD Minimum amount of compensation required . . . . . . . Subdivision 2 Redundancy pay 71KE Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 71KF Entitlement to redundancy pay . . . . . . . . . . . . . . . . . . 71KG Variation of redundancy pay by commission . . . . . . . Part 3 Content of modern industrial instruments Division 1 Preliminary 71L Meaning of modern industrial instrument for pt 3 . . . . 74 75 76 76 77 78 78 79 80 80 80 81 81 82 84 86 87 88 88 89 90 91 92 93 2013 Act No. 61 Page 5

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71LA Required or permitted provisions . . . . . . . . . . . . . . . . 93 71LB Non-allowable provisions . . . . . . . . . . . . . . . . . . . . . . 94 71LC Provisions that contravene s 71LA or 71LB of no effect 94 Division 2 Required content Subdivision 1 Required content—all modern industrial instruments 71M Consultation—major organisational changes. . . . . . . 95 71MA Dispute resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 71MB Individual flexibility arrangements. . . . . . . . . . . . . . . . 95 Subdivision 2 Required content—modern awards 71MC Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Subdivision 3 Required content—certified agreements 71MD Nominal expiry date . . . . . . . . . . . . . . . . . . . . . . . . . . 98 71ME Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 3 Permitted content Subdivision 1 Permitted content—all modern industrial instruments 71N General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 71NA Provisions related to Queensland Employment Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 71NB Other incidental provisions . . . . . . . . . . . . . . . . . . . . . 100 71NC Machinery provisions . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 2 Permitted content—modern awards 71ND General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 3 Permitted content—certified agreements 71NE Provisions about employment relationship . . . . . . . . . 102 Division 4 Non-allowable content Subdivision 1 Non-allowable content—all modern industrial instruments 71O Contracting provision . . . . . . . . . . . . . . . . . . . . . . . . . 102 71OA Employment security provision. . . . . . . . . . . . . . . . . . 103 71OB Encouragement provision. . . . . . . . . . . . . . . . . . . . . . 105 71OC Organisational change provision . . . . . . . . . . . . . . . . 106 71OD Policy incorporation provision. . . . . . . . . . . . . . . . . . . 107 71OE Private practice provision . . . . . . . . . . . . . . . . . . . . . . 108 71OF Resource allocation provision . . . . . . . . . . . . . . . . . . 108 71OG Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Page 6 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 71OH Discriminatory provisions . . . . . . . . . . . . . . . . . . . . . . 109 71OI Particular provisions displacing Queensland Employment Standards . . . . . . . . . . . . . . . . . . . . . . . 109 71OJ General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Subdivision 2 Non-allowable content—modern awards 71OK General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Subdivision 3 Non-allowable content—certified agreements 71OL General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Part 4 Equal remuneration for work of equal or comparable value 71P Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 71PA Orders requiring equal remuneration . . . . . . . . . . . . . 111 71PB Orders only on application . . . . . . . . . . . . . . . . . . . . . 112 71PC Requirements about making of order by commission 112 71PD Immediate or progressive introduction of equal remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . 112 71PE Employer not to reduce remuneration . . . . . . . . . . . . 112 71PF Pt 4 does not limit other rights . . . . . . . . . . . . . . . . . . 113 71PG Applications under pt 4. . . . . . . . . . . . . . . . . . . . . . . . 113 Part 5 Continuity of service and employment 71Q Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 71QA How pt 5 applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 71QB Continuity of service—transfer of calling . . . . . . . . . . 114 71QC Continuity of service—apprentices or trainees. . . . . . 115 71QD Continuity of service—generally. . . . . . . . . . . . . . . . . 116 8 Amendment of s 72 (Who this chapter does not apply to) . . . . . . 118 9 Amendment of s 85A (Application of div 1AA) . . . . . . . . . . . . . . . 118 10 Replacement of ch 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 11 Insertion of new ch 5, pt 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Part 1AA Application of ch 5 122B Application of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 12 Amendment of s 123 (Form, effect and term of award) . . . . . . . . 119 13 Amendment of s 124 (Persons bound by award) . . . . . . . . . . . . . 119 14 Replacement of ch 5, pts 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . 120 Part 2 Commission’s powers 125 Repealing awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 15 Amendment of s 135 (Inconsistency between awards and contracts)120 2013 Act No. 61 Page 7

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 16 Insertion of new ch 5, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Part 8 Modernisation of awards Division 1 Preliminary 140B Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 140BA Object of modernising awards . . . . . . . . . . . . . . . . . . 121 140BB Commission’s award modernisation function . . . . . . . 122 Division 2 Award modernisation process Subdivision 1 Award modernisation requests 140C Minister may make award modernisation request . . . 123 140CA Variation of award modernisation request . . . . . . . . . 124 140CB Publication of award modernisation request or variation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Subdivision 2 Procedure for modernisation process 140CC Procedure for carrying out modernisation process. . . 125 140CD Deadline for completion of award modernisation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 140CE Making of modern awards and repeal of pre-modernisation awards . . . . . . . . . . . . . . . . . . . . . 126 17 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Chapter 5A Modern awards Part 1 Preliminary 140D Modern awards objectives . . . . . . . . . . . . . . . . . . . . . 127 140DA Definitions for ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Part 2 Coverage and operation of modern awards 140E Who a modern award applies to. . . . . . . . . . . . . . . . . 131 140EA Significance of application of modern award . . . . . . . 131 140EB When a modern award operates . . . . . . . . . . . . . . . . 132 140EC Relationship of modern award with certified agreement 132 140ED Relationship of modern award with contract of service 132 Part 3 Making, varying and revoking modern awards Division 1 Periodic reviews of modern awards 140F Periodic reviews of a modern award. . . . . . . . . . . . . . 133 140FA Requirement about variation of minimum wages . . . . 134 Division 2 Other exercise of powers to make, vary or revoke modern awards 140G Powers may be exercised to achieve modern awards objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Page 8 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 140GA Application to vary, revoke or make modern award under s 140G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 140GB Variation to update or omit name of employer or organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 140GC Variation to remove ambiguity or uncertainty or to correct error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 140GD Variation on referral by Anti-Discrimination Commission 138 Division 3 General provisions about exercise of commission’s powers 140H Requirements about revoking a modern award . . . . . 139 140HA When variation determination comes into operation . 139 140HB Retrospective variation of modern awards . . . . . . . . . 140 Part 4 Technical matters 140I Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 140IA Formal requirements of relevant instruments . . . . . . . 141 140IB Publication of relevant instruments. . . . . . . . . . . . . . . 141 140IC Publication of varied awards. . . . . . . . . . . . . . . . . . . . 142 140ID Interpretation of relevant instrument. . . . . . . . . . . . . . 142 18 Replacement of ch 6, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . 142 Division 1A Preliminary 140J Application of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 140K Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 19 Amendment of s 141 (Certified agreements) . . . . . . . . . . . . . . . . 143 141 Meaning of certified agreement . . . . . . . . . . . . . . . . . 144 20 Replacement of s 142 (Who may make certified agreements). . . 144 142 Who may make certified agreements . . . . . . . . . . . . . 144 21 Insertion of new ch 6, div 1 and sdiv 1, hdgs . . . . . . . . . . . . . . . . 145 22 Amendment of s 143 (Proposed parties to be advised when agreement is proposed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 23 Amendment of s 144 (What is to be done when an agreement is proposed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 24 Amendment of s 147A (Employer may ask employees to approve proposed agreement being negotiated with employee organisation) 146 25 Insertion of new ch 6, div 1, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . . 148 26 Replacement of s 148 (Assistance in negotiating by conciliation) 148 148 Commission to help negotiating parties . . . . . . . . . . . 148 148A Commission’s conciliation powers . . . . . . . . . . . . . . . 150 148B Commission can not order wage increase . . . . . . . . . 151 2013 Act No. 61 Page 9

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Page 10 Insertion of new ch 6, div 1, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . 151 Replacement of s 149 (Arbitration if conciliation unsuccessful) . . 152 149 Arbitration if conciliation unsuccessful . . . . . . . . . . . . 152 149A Arbitration period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 149B Full bench to determine matters by arbitration unless vice-president directs otherwise . . . . . . . . . . . . . . . . . 154 149C Arbitration powers of full bench . . . . . . . . . . . . . . . . . 155 149D Issues full bench must consider . . . . . . . . . . . . . . . . . 155 149E Full bench must publish reasons . . . . . . . . . . . . . . . . 157 Amendment of s 150 (Determinations made under s 149). . . . . . 158 Insertion of new ch 6, div 1, sdivs 4 and 5 . . . . . . . . . . . . . . . . . . 159 Subdivision 4 Industrial action during conciliation and arbitration periods 150A No protected industrial action during conciliation and arbitration periods. . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Subdivision 5 Other matters Replacement of s 155 (Right of employee organisation to be heard) 159 155 Entities that may be heard on application. . . . . . . . . . 160 Amendment of s 156 (Certifying an agreement) . . . . . . . . . . . . . 160 Amendment of s 157 (When commission to refuse to certify an agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Amendment of s 158 (Other options open to the commission instead of refusing to certify agreement) . . . . . . . . . . . . . . . . . . . 161 Amendment of s 166 (Persons bound). . . . . . . . . . . . . . . . . . . . . 162 Amendment of s 168 (Extending a certified agreement) . . . . . . . 163 Amendment of s 176 (Requirements for other industrial action by an employee organisation or employees). . . . . . . . . . . . . . . . . . . 163 Insertion of new s 176A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 176A Claims including non-allowable content . . . . . . . . . . . 163 Amendment of s 177A (Provision about notice of industrial action) 164 Amendment of s 181E (Conciliation of matter during post-industrial action negotiation period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Amendment of s 181F (Determination of matter by commission after post-industrial action negotiation period) . . . . . . . . . . . . . . . 164 Insertion of new ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Chapter 6A Arrangements for high-income senior employees Part 1 Preliminary 188 Definitions for ch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . 165 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 189 Who is a high-income senior employee . . . . . . . . . . . 165 190 What is a high-income position . . . . . . . . . . . . . . . . . 166 191 What is the high-income threshold . . . . . . . . . . . . . . . 166 192 What is an employee’s remuneration . . . . . . . . . . . . . 166 193 What is a high-income guarantee contract . . . . . . . . . 168 Part 2 High-income guarantee contracts and high-income positions 194 Effect of engagement under high-income guarantee contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 195 Effect of high-income position . . . . . . . . . . . . . . . . . . 169 196 Effect of position ceasing to be high-income position. 171 Part 3 Other matters for high-income senior employees 197 Particular conduct is not prohibited conduct. . . . . . . . 172 198 Inconsistency between awards and high-income guarantee contracts . . . . . . . . . . . . . . . . . . . . . . . . . . 172 199 Private practice provision in industrial instrument . . . 173 200 Medical practitioner’s private practice arrangements in contract of service . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 201 Employee’s refusal to accept high-income guarantee contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 43 Amendment of s 242D (Appointment of members on full-time or part-time basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 44 Amendment of s 242E (Functions of the president) . . . . . . . . . . . 175 45 Amendment of s 242F (Functions of the vice-president) . . . . . . . 175 46 Amendment of s 242G (Administration of the court) . . . . . . . . . . 175 47 Amendment of s 243 (Appointment of president). . . . . . . . . . . . . 176 48 Amendment of s 244 (When a Supreme Court judge is appointed as president). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 49 Amendment of s 245 (When president holds office) . . . . . . . . . . 176 50 Amendment of s 246 (Acting president) . . . . . . . . . . . . . . . . . . . . 177 51 Amendment of s 248 (Court’s jurisdiction) . . . . . . . . . . . . . . . . . . 178 52 Amendment of s 256 (Composition). . . . . . . . . . . . . . . . . . . . . . . 178 53 Amendment of s 258A (Appointment of other deputy presidents of the commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 54 Amendment of s 259 (Industrial commissioners) . . . . . . . . . . . . . 179 55 Amendment of s 260 (When deputy president or industrial commissioner holds office). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 56 Amendment of s 273 (Commission’s functions) . . . . . . . . . . . . . . 180 2013 Act No. 61 Page 11

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 57 58 59 60 61 62 63 63A 64 65 65A 66 67 68 69 70 70A 70B 71 72 73 74 74A 75 Page 12 Amendment of s 287 (General rulings) . . . . . . . . . . . . . . . . . . . . 180 Omission of s 288 (Statement of policy). . . . . . . . . . . . . . . . . . . . 180 Amendment of s 292 (Magistrate’s jurisdiction) . . . . . . . . . . . . . . 180 Amendment of s 319 (Representation of parties) . . . . . . . . . . . . 181 Amendment of s 320 (Basis of decisions of the commission and magistrates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Amendment of s 341 (Appeal from commission, magistrate or registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Amendment of s 342 (Appeal from commission, magistrate or registrar) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Amendment of s 351 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 182 Amendment of s 391 (Wages etc. to be paid without deduction) . 182 Insertion of new s 391A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 391A Deduction for industrial association membership prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Amendment of s 410 (Meaning of corporation for ch 12) . . . . . . . 183 Amendment of s 459 (Powers of court) . . . . . . . . . . . . . . . . . . . . 183 Amendment of s 462 (Interim orders). . . . . . . . . . . . . . . . . . . . . . 184 Amendment of s 463 (Hearing application) . . . . . . . . . . . . . . . . . 184 Amendment of s 464 (Effect of declaration) . . . . . . . . . . . . . . . . . 184 Amendment of s 465 (Direction must be complied with) . . . . . . . 184 Amendment of s 532 (Obligation to admit) . . . . . . . . . . . . . . . . . . 184 Amendment of s 533 (Obligation to give union card) . . . . . . . . . . 185 Amendment of s 535 (Court may decide). . . . . . . . . . . . . . . . . . . 185 Amendment of s 536 (Deciding application). . . . . . . . . . . . . . . . . 185 Amendment of s 691B (Industrial instruments to which this part applies) 185 Amendment of s 691C (Particular provisions are of no effect) . . . 185 Amendment of s 795 (Existing rules of an organisation) . . . . . . . 186 Insertion of new ch 20, pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Part 18 Transitional provisions for Industrial Relations(Fair Work Act Harmonisation No. 2) andOther Legislation Amendment Act 2013 Division 1 Preliminary 807 Definitions for pt 18. . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Division 2 Provisions about conditions of employment Subdivision 1 General provisions 808 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 809 Leave accrued or approved before application day . . 188 810 Working out leave entitlements . . . . . . . . . . . . . . . . . 188 811 Notices etc. given before application day . . . . . . . . . . 189 Subdivision 2 Annual leave 812 Order about payment for commission . . . . . . . . . . . . 190 813 Leave loading payments made before application day 190 Subdivision 3 Parental leave 814 Parental leave started under ch 2. . . . . . . . . . . . . . . . 191 815 Application of obligation to advise about significant change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 816 Spouses not to take long parental leave at same time 192 Subdivision 4 Long service leave 817 Agreement or notice under s 45 . . . . . . . . . . . . . . . . . 193 818 Order about payment for commission . . . . . . . . . . . . 193 819 Decision by commission about piecework rates. . . . . 193 820 Existing decisions or agreements about entitlement to, payment for, or taking of, long service leave . . . . . . . 194 Division 3 Provisions about awards Subdivision 1 Provisions for pre-modernisation awards 821 Application of new ch 5, pt 2 . . . . . . . . . . . . . . . . . . . 195 822 Existing matters being heard under s 125 or 130. . . . 195 823 Continuation of exemptions under ch 5, pt 3 . . . . . . . 196 Subdivision 2 Provisions for modern awards 824 Modern award does not apply to employee covered by continuing agreement or determination . . . . . . . . . . . 196 Division 4 Provisions about certified agreements 825 Retrospective operation . . . . . . . . . . . . . . . . . . . . . . . 197 826 Certified agreements and determinations continue . . 197 827 Continuing agreements and determinations. . . . . . . . 197 828 Extension of nominal expiry date by up to 1 year. . . . 198 829 Continuing agreements can not be dealt with . . . . . . 198 830 Regulation may prescribe a wage increase . . . . . . . . 199 831 Existing arbitrations . . . . . . . . . . . . . . . . . . . . . . . . . . 199 832 Existing applications for certification . . . . . . . . . . . . . 200 Division 5 Other provisions 833 Wage deductions for industrial association membership 201 2013 Act No. 61 Page 13

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 76 77 78 79 80 Division 2 81 82 83 84 85 86 87 88 89 90 91 92 93 Page 14 834 References to decision by commission of membership disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 835 Continued protection from liability for ombudsman and official of QWRO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 836 Reference to action taken by court under ch 12, pt 5. 202 837 Transitional regulation-making power . . . . . . . . . . . . . 202 Amendment of sch 2 (Appointments) . . . . . . . . . . . . . . . . . . . . . . 203 Amendment of sch 3 (Minimum redundancy payment) . . . . . . . . 203 Amendment of sch 4 (Provisions for protected action ballots) . . . 204 Amendment of sch 4A (Application of this Act to prescribed Hospital and Health Services and their employees). . . . . . . . . . . 205 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 205 Amendment of Hospital and Health Boards Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Amendment of s 10 (Statewide employment and industrial relations arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Amendment of s 19 (Functions of Services) . . . . . . . . . . . . . . . . 213 Amendment of s 20 (Powers of Services) . . . . . . . . . . . . . . . . . . 213 Amendment of s 45 (Functions of chief executive). . . . . . . . . . . . 214 Amendment of s 46 (Delegation by chief executive) . . . . . . . . . . 214 Amendment of s 47 (Health service directives) . . . . . . . . . . . . . . 214 Insertion of new pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Division 2A Chief executive may issue health employment directives 51A Health employment directives . . . . . . . . . . . . . . . . . . 215 51B Relationship with legislation . . . . . . . . . . . . . . . . . . . . 216 51C Relationship between health employment directives and other instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 51D Publication of health employment directives. . . . . . . . 216 51E Health employment directives binding . . . . . . . . . . . . 217 51F Review of health employment directives . . . . . . . . . . 217 Amendment of s 66 (Conditions of employment) . . . . . . . . . . . . . 217 Amendment of s 67 (Appointment of health service employees) . 219 Amendment of s 68 (Contracted health service employees other than health executives). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Amendment of pt 5, div 2, hdg (Health executive service) . . . . . . 219 Insertion of new pt 5, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . 220 Subdivision 1 Health executive service 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 94 95 96 97 98 99 100 101 102 103 104 Division 3 105 106 107 108 109 Insertion of new pt 5, div 2, sdiv 2 and sdiv 3, hdg. . . . . . . . . . . . 220 Subdivision 2 Senior health service employees 74A Meaning of senior health service employee . . . . . . . . 220 74B Terms of contract for contracted senior health service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Subdivision 3 Excluded matters Amendment of s 75 (Exclusion of certain matters from review under other Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Omission of s 76 (Fixing of remuneration packages and classification levels for health executives) . . . . . . . . . . . . . . . . . . 222 Amendment of s 78 (Transfer of health service employees). . . . . 222 Amendment of s 79 (Entitlement on ending of particular employment contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Amendment of s 80 (Departmental health service employees to be employed by Services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Insertion of new s 80AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 80AA High-income senior employees to be employed by Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Amendment of s 80B (Matters and proceedings not affected by persons becoming employees of prescribed Service) . . . . . . . . . 224 Insertion of new s 80C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 80C Matters and proceedings not affected by persons becoming contracted senior health service employees in Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Insertion of new pt 13, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Division 4 Transitional provisions for the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 320 Senior health service employees . . . . . . . . . . . . . . . . 225 321 Existing health service directives about conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 226 Amendment of Trading (Allowable Hours) Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 227 Amendment of pt 5, hdg (Orders concerning non-exempt shops, exhibitions and special displays) . . . . . . . . . . . . . . . . . . . . . . . . . 228 Amendment of s 21 (Trading hours orders on non-exempt shops) 228 Replacement of s 22 (Orders on exhibitions etc.) . . . . . . . . . . . . 229 22 Approval of special exhibitions . . . . . . . . . . . . . . . . . . 229 2013 Act No. 61 Page 15

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents 110 111 112 113 114 115 116 Division 4 117 Part 3 Division 1 118 119 120 121 122 123 124 125 126 127 Amendment of s 23 (Powers and procedures relevant to proceedings under ss 21 and 22). . . . . . . . . . . . . . . . . . . . . . . . . 230 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 23A Reference to full bench. . . . . . . . . . . . . . . . . . . . . . . . 230 Amendment of s 25 (Leave may be granted by full bench) . . . . . 230 Amendment of s 27 (Summary dismissal of application) . . . . . . . 231 Replacement of s 29 (Compliance with conditions for exhibitions etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 29 Compliance with conditions of special exhibitions order 231 Insertion of new pt 8, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Division 3 Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 50 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 51 Proceedings started before commencement . . . . . . . 232 52 Special exhibition orders . . . . . . . . . . . . . . . . . . . . . . 233 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 Schedule 1 Dictionary Minor and consequential amendments Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 Other amendments Amendment of Superannuation (State Public Sector) Act1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 234 Amendment of s 3 (Establishment of board) . . . . . . . . . . . . . . . . 234 Replacement of ss 5–6AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 5 Membership of the board . . . . . . . . . . . . . . . . . . . . . . 235 Renumbering of s 6B (Appointment not affected by other laws restricting employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Omission of ss 6C–6DAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Renumbering of ss 6DA–6F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Omission of ss 6G–6J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Replacement of s 31 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . 235 31 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 236 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 Page 16 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents Division 2 128 129 130 131 132 133 134 135 136 Division 5 Transitional provision for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 44 Appointments of existing trustees end . . . . . . . . . . . . 237 Amendment of Superannuation (State Public Sector)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 Insertion of new pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 2A Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Insertion of new pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Part 2 Board of trustees 2B Membership of the board . . . . . . . . . . . . . . . . . . . . . . 238 2C Appointment of trustees . . . . . . . . . . . . . . . . . . . . . . . 238 2D Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 2E Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 239 2F Vacancy in the office of trustee . . . . . . . . . . . . . . . . . 239 2G Board may ask Minister to revoke trustee’s appointment 240 2H Filling a vacancy in the office of a trustee . . . . . . . . . 241 2I Alternate trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 2J Appointment of alternate trustees . . . . . . . . . . . . . . . 242 2K Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 2L Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 243 2M Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 244 2N Time and place of meetings . . . . . . . . . . . . . . . . . . . . 244 2O Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 245 2P Resolutions other than at meetings . . . . . . . . . . . . . . 245 Part 3 Miscellaneous Amendment of s 3 (Units of the State public sector—Act, s 2(1)) 246 Omission of s 5 (Prescribed number—Act, s 5) . . . . . . . . . . . . . . 246 Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Part 4 Transitional provision for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 7 Particular persons may hold office as trustee for more than 9 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Amendment of schedule (Units of the State public sector). . . . . . 247 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 2013 Act No. 61 Page 17

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Contents Schedule 1 Part 1 Part 2 Schedule 2 Dictionary Minor and consequential amendments . . . . . . . . . . . . . . . . . . Amendments commencing on assent Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on 1 December 2013 Building and Construction Industry (Portable Long ServiceLeave) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child Employment Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 248 251 252 252 253 254 Page 18 2013 Act No. 61

Queensland Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Act No. 61 of 2013 An Act to amend the Industrial Relations Act 1999, the Hospital and HealthBoards Act 2011, the Superannuation (State Public Sector) Act 1990, the Superannuation (State Public Sector) Regulation 2006 and the Trading(Allowable Hours) Act 1990, and to make minor and consequential amendments to the Acts listed in schedule 1, for particular purposes [Assented to 27 November 2013]

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 . 2 Commencement This Act, other than the following provisions, commences on 1 December 2013— (a) sections 13(1), 14, 43 to 55, 59 and 64 to 72; (b) section 75 to the extent it inserts the following provisions of new chapter 20, part 18— • part heading • division 1 • division 3, subdivision 1 • division 4 • division 5, heading • sections 833 and 835; (c) section 76; (d) part 2, divisions 3 and 4; (e) schedule 1, part 1. Page 20 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 3] Part 2 Amendments relating to industrial relations Division 1 Amendment of Industrial Relations Act 1999 3 Act amended This division amends the Industrial Relations Act 1999 . Note — See also the amendments in schedule 1, parts 1 and 2. 4 Amendment of s 3 (Principal object of this Act) (1) Section 3(j)— omit. (2) Section 3(o)— omit. 5 Amendment of ch 2, hdg (General employment conditions) Chapter 2, heading, ‘General’— omit, insert— Pre-modernisation 6 Insertion of new ch 2, pt 1AA Chapter 2, before part 1— insert— 2013 Act No. 61 Page 21

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] Part 1AA Preliminary 8AA Application of ch 2 This chapter applies to an employee who is bound by a pre-modernisation industrial instrument in relation to particular employment. Note — See chapter 2A (Modern employment conditions) in relation to conditions of employment for all other employees. 7 Insertion of new ch 2A After chapter 2— insert— Chapter 2A Modern employment conditions Part 1 Preliminary 71B Application of ch 2A This chapter applies to all employees in relation to particular employment if chapter 2 does not apply to the employee in relation to the employment. 71BA Definitions for ch 2A In this chapter— modern industrial instrument means any of the following— (a) a modern award; Page 22 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (b) a certified agreement that is certified under chapter 6 as amended by the modernising Act; (c) a determination made under section 149 as inserted by the modernising Act. modernising Act means the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 . ordinary hours of work , for an employee, means— (a) the employee’s ordinary hours of work as provided for under a modern industrial instrument that applies to the employee; or (b) if paragraph (a) does not apply—the hours agreed by the employee and his or her employer as the employee’s ordinary hours of work. pre-modernisation industrial instrument means any of the following— (a) an award made under chapter 5 or continued in force under this Act, including an award as amended under chapter 5; (b) a certified agreement that is certified under chapter 6 as in force before its amendment by the modernising Act; (c) a determination made under section 149 as it was in force before its replacement by the modernising Act. relevant industrial instrument , in relation to an employee, means a modern industrial instrument that applies to the employee. 2013 Act No. 61 Page 23

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71BB 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 several periods of employment during a period of at least 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 Queensland Employment Standards Division 1 Preliminary 71C Meaning of Queensland Employment Standards (1) This part provides for minimum standards of employment of employees. (2) The minimum standards relate to the following matters— (a) minimum wage—division 2; (b) annual leave—division 3; (c) personal leave, including sick leave, carer’s leave, bereavement leave and cultural leave—division 4; (d) parental leave—division 5; (e) long service leave—division 6; (f) public holidays—division 7; (g) jury service leave—division 8; Page 24 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (h) notice of termination and redundancy pay—division 9. (3) Divisions 2 to 9 are the Queensland Employment Standards . 71CA Queensland Employment Standards subject to provisions of modern industrial instrument The Queensland Employment Standards have effect subject to provisions included in a modern industrial instrument under this Act. Notes — 1 See part 3 for provisions about the content of a modern industrial instrument. 2 In particular, under section 71OI a modern industrial instrument must not contain provisions that are inconsistent with the Queensland Employment Standards. However, particular provisions may be included if their effect is no less favourable to an employee than the Queensland Employment Standards (see section 71NA). 71CB Relationship between Queensland Employment Standards and directives (1) This section applies if a directive is inconsistent with a provision of the Queensland Employment Standards (a QES provision ). (2) For an inconsistency provision, the directive is taken not to be inconsistent with the QES provision to the extent that the effect of the directive is more favourable to an employee than the QES provision. (3) In this section— directive means— (a) a directive under the PublicServiceAct2008 made by the chief executive of the Public Service Commission that is the 2013 Act No. 61 Page 25

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] subject of a regulation under section 52(2) of that Act; or (b) a directive under the PublicServiceAct2008 made by the Minister administering this Act; or (c) a health employment directive under the Hospital and Health Boards Act 2011 . inconsistency provision means— (a) the Public Service Act 2008 , section 51; or (b) the HospitalandHealthBoardsAct2011 , section 51B. Division 2 Minimum wage 71D 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 287(5) from the operation of the full bench’s general ruling declaring the Queensland minimum wage. Division 3 Annual leave Subdivision 1 Entitlement to annual leave Page 26 71E Application of sdiv 1 This subdivision does not apply to— (a) casual employees; or (b) pieceworkers; or (c) school-based apprentices or trainees. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71EA 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, unless a modern industrial instrument provides otherwise. (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. 71EB Working out completed year of employment (1) This section applies for working out a completed year of employment for section 71EA. (2) The following periods when an employee is absent without pay are not to be taken into account— 2013 Act No. 61 Page 27

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (a) a period of more than 3 months when an employee is absent with the employer’s approval; (b) a period when an employee is absent without the employer’s approval, unless the employee is absent for not more than 3 months because of illness or injury certified to by a doctor. Subdivision 2 Taking annual leave 71EC When annual leave may be taken (1) An employee and employer may agree when the employee is to take annual leave. (2) If the employee and employer can not agree, the employer— (a) may decide when the employee is to take leave; and (b) must give the employee at least 14 days written notice of the starting date of the leave. (3) An employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it. (4) If the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year. Page 28 71ED Terms that may be included in modern industrial instruments A modern industrial instrument may include the following— 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (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 71EE 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 that the default average commission would not represent a fair amount in the circumstances. (4) If, on application under subsection (3)(b), the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the 2013 Act No. 61 Page 29

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] order it considers appropriate in the circumstances. (5) In this section— default average commission means— • the total commissions payable to the employee in the 1 year before the leave is taken, or during the employee’s period of employment, whichever is less • divided by 365.25, or the number of days in the employee’s period of employment, whichever is less • multiplied by the number of days starting on the day the leave commences and ending on the day before the employee is due to return to work. Page 30 71EF 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 17 1 / 2 % of the amount payable under section 71EE(2)(a). (2) However, if the employee’s employer pays the employee a prescribed additional amount and the amount— (a) is less than 17 1 / 2 % of the amount payable under section 71EE(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 17 1 / 2 % of the amount payable under section 71EE(2)(a)—the employee is not entitled to receive an amount under subsection (1). 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (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 71EG 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. 2013 Act No. 61 Page 31

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] Subdivision 5 Payment on termination of employment 71EH Payment for annual leave on termination of employment (1) This section applies if an employee’s employment is terminated by the employee or employer. (2) If the employee has not taken all the annual leave the employee is entitled to, the employee is presumed to have taken the leave from the day the termination takes effect (the termination day ). (3) The employer must immediately pay the employee for the annual leave not taken, including any public holiday during the period the employee is presumed to have taken the leave. (4) If the employee has been employed for less than 1 year, the employer must pay the employee proportionate annual leave for the period. (5) The employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless a modern industrial instrument states otherwise. Page 32 Division 4 Personal leave Subdivision 1 Sick leave 71F Application of sdiv 1 This subdivision does not apply to— (a) casual employees; or (b) pieceworkers; or 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (c) school-based apprentices or trainees. 71FA 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) Unless a modern industrial instrument provides otherwise, 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. Examples — 1 An employee is ordinarily required to work for 8 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 5 hours that the employee is unable to work because of the sickness. 2 An employee is ordinarily required to perform work for 40 hours a week over 5 days, but has come to an arrangement with the employer to work 10 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 10 hours sick leave, which equates to 1 1 / 4 days sick leave. (4) This section does not confer an entitlement or an additional entitlement in relation to employment before the commencement of this section. (5) 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 a modern industrial instrument provides sick leave—a 2013 Act No. 61 Page 33

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 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. 71FB Requirement for employee to give notice etc. (1) An employee’s entitlement under section 71FA is conditional on— (a) the employee promptly notifying the employer of— (i) any illness that will cause the employee to be absent from work; and (ii) the approximate period for which the employee will be absent; and (b) if the employee is absent for more than 2 days— (i) the employee giving the employer a doctor’s certificate about the nature of the illness and the approximate period for which the employee will be absent; or (ii) the employee giving the employer other evidence of the illness to the employer’s satisfaction. (2) This section does not apply if— (a) a modern industrial instrument provides otherwise; or (b) the employee and employer agree otherwise. Page 34 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] Subdivision 2 Carer’s leave 71FC Entitlement—employees other than casual employees (1) This section does not apply to a casual employee. (2) An employee may use up to 10 days of sick leave on full pay ( carer’s leave ) in each year to care for and support members of the employee’s immediate family or household— (a) when they are ill; or (b) because an unexpected emergency arises. Example for paragraph (b) — unexpected failure of child care arrangements (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 care for and support members of the employee’s immediate family or household— (a) when they are ill; or (b) because an unexpected emergency arises. (4) The employee may take additional unpaid carer’s leave with the employer’s agreement. (5) An employee can not take carer’s leave if another person has taken leave enabling him or her to care for the same person unless there are special circumstances requiring more than 1 person to care for the person. (6) Carer’s leave may be taken for part of a day. (7) In this section— sick leave includes sick leave accrued before the commencement of this section. 2013 Act No. 61 Page 35

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71FD Entitlement—long term casual employees (1) This section applies to a long term casual employee. (2) The employee is entitled to 10 days leave (also carer’s leave ) in each year to care for and support members of the employee’s immediate family or household— (a) when they are ill; or (b) because an unexpected emergency arises. (3) The employee may take additional carer’s leave if the employer agrees. (4) The employee can not take carer’s leave if another person has taken leave to care for the same person unless there are special circumstances requiring more than 1 person to care for the person. (5) Carer’s leave may be taken for part of a day. (6) The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section. (7) Leave taken under this section is unpaid. Page 36 71FE 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 and support members of the employee’s immediate family or household— (a) when they are ill; or (b) because an unexpected emergency arises; or (c) because of the birth of a child. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (3) The employee may leave work or be unavailable to attend work for reasons mentioned in subsection (2) for additional periods if the employer agrees. (4) The employee can not take carer’s leave if another person has taken leave to care for the same person unless there are special circumstances requiring more than 1 person to care for the person. (5) Carer’s leave may be taken for part of a day. (6) The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section. (7) However, the rights of an employer not to re-engage the employee are not otherwise affected. (8) Leave taken under this section is unpaid. 71FF Employee to provide supporting information to employer (1) This section applies if an employee is taking carer’s leave to care for and support a member of the employee’s immediate family or household who is ill. (2) The employee must, if required by the employer, produce a doctor’s certificate or statutory declaration evidencing that the member is ill with an illness requiring care by another person. (3) The employee must, if practicable, give the employer— (a) notice of the intention to take carer’s leave before taking the leave; and 2013 Act No. 61 Page 37

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (b) the name of the person requiring care and the person’s relationship to the employee; and (c) the reason for taking the leave; and (d) the period that the employee estimates he or she will be absent; and (e) if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency. (4) If it is not practicable for the employee to notify the employer of the intention to take carer’s leave before taking the leave, the employee must notify the employer at the first reasonable opportunity. Subdivision 3 Bereavement leave 71FG Application of sdiv 3 This subdivision does not apply to pieceworkers. 71FH Entitlement—employees other than casual employees An employee, other than a casual employee, is entitled to— (a) at least 2 days bereavement leave on full pay on the death of a member of the person’s immediate family or household; and (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel. Page 38 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71FI Entitlement—casual employees (1) A long term casual employee is entitled to— (a) at least 2 days unpaid bereavement leave on the death of a member of the person’s immediate family or household; and (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel. (2) A short term casual employee is entitled to be unavailable to attend work— (a) for up to 2 days on unpaid bereavement leave on the death of a member of the person’s immediate family or household; and (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel. (3) The employer must not fail to re-engage a casual employee only because the employee has taken bereavement leave under this section. (4) However, the rights of an employer not to re-engage a casual employee are not otherwise affected. 71FJ Evidence to be provided by employee 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. 2013 Act No. 61 Page 39

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71FK Additional leave An employee may take additional leave as unpaid bereavement leave if the employer agrees. Subdivision 4 Cultural leave Page 40 71FL 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 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (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. Subdivision 5 General provision 71FM Relationship to other rights (1) This part has effect despite a relevant law to the extent the relevant law provides an employee with a benefit that is less favourable to the employee. (2) In this section— relevant law means another law of the State. Division 5 Parental leave Subdivision 1 Preliminary 71G Application of div 5 This division does not apply to— (a) short term casual employees; or (b) seasonal employees; or (c) pieceworkers. 2013 Act No. 61 Page 41

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71GA 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 — 1 Birth-related leave for a pregnant employee (maternity leave) may be taken by a pregnant employee in connection with the birth of her child or to enable her to be the child’s primary caregiver. 2 Birth-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 the child’s primary caregiver). (b) adoption leave, for an employee with whom an adopted child is placed; Note — Adoption leave may be short (in connection with the child’s placement) or long (to enable the employee to be the child’s primary caregiver). (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 the child’s primary caregiver). Page 42 71GB Definitions for div 5 In this division— adoption leave means short adoption leave or long adoption leave. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 2013 Act No. 61 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 5 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. intended parent , for a surrogacy arrangement, see the Surrogacy Act 2010 , section 9. long adoption leave means leave taken by an employee to enable the employee to be the primary caregiver of an adopted child. long birth-related leave means— (a) maternity leave; or (b) leave taken by an employee whose spouse has given birth to enable the employee to be the child’s primary caregiver. long parental leave means— (a) long birth-related leave; or (b) long adoption leave; or (c) long surrogacy leave. long surrogacy leave means leave taken by an employee to enable the employee to be the primary caregiver of a child born as a result of a surrogacy arrangement. Page 43

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] maternity leave means leave taken by a pregnant employee— (a) for the birth of her child; or (b) to enable her to be the child’s primary caregiver. parental leave means long parental leave or short parental leave. parental leave entitlement means the parental leave entitlement mentioned in section 71GD, 71GE or 71GF. short adoption leave means leave taken by an employee at the time of the placement of an adopted child with the employee. short birth-related leave means leave taken by an employee, in connection with the birth of a child of the employee’s spouse, at the time of— (a) the birth of the child; or (b) the other termination of the pregnancy. short parental leave means— (a) short birth-related leave; or (b) short adoption leave; or (c) short surrogacy leave. short surrogacy leave means leave taken by an employee when a child born as a result of a surrogacy arrangement starts residing with the employee. short term casual employee means a casual employee, other than a long term casual employee. surrogacy arrangement see the SurrogacyAct2010 , section 7. Page 44 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] surrogacy leave means long surrogacy leave or short surrogacy leave. Subdivision 2 Entitlement 71GC Application of sdiv 2 (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) In this section— continuous service means service, including a period of authorised leave or absence, under an unbroken employment contract. 71GD Entitlement to birth-related leave (1) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid maternity leave— (a) for the child’s birth; and (b) to be the child’s primary caregiver. (2) For the birth of a child of an employee’s spouse, the employee is entitled to the following leave— (a) an unbroken period of up to 1 week’s unpaid short birth-related leave; (b) a further unbroken period of up to 51 weeks unpaid long birth-related leave. 2013 Act No. 61 Page 45

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] 71GE Entitlement to adoption leave For the adoption of a child, an employee is entitled to the following leave— (a) an unbroken period of up to 3 weeks unpaid short adoption leave; (b) a further unbroken period of up to 49 weeks unpaid long adoption leave. 71GF Entitlement to surrogacy leave An employee who is an intended parent under a surrogacy arrangement is entitled to the following leave— (a) an unbroken period of up to 1 week’s unpaid short surrogacy leave; (b) a further unbroken period of up to 51 weeks unpaid long surrogacy leave. Page 46 71GG Maximum period of parental leave (1) Parental leave must not extend— (a) beyond 1 year after the child was born or adopted or started residing with the employee under the surrogacy arrangement; or (b) if an application for an extension of parental leave under section 71GR is agreed to—beyond 2 years after the child was born or adopted or started residing with the employee under the surrogacy arrangement. (2) The maximum period of parental leave allowed under subsection (1) is the maximum period of parental leave . (3) This section applies despite sections 71GD to 71GF. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] Subdivision 3 Notices and information 71GH Employee notice—intention to take maternity leave (1) This section applies if a pregnant employee wants to take maternity leave. (2) The employee must give the employer— (a) at least 10 weeks written notice of intention to take the leave; and (b) at least 4 weeks written notice of the dates on which she wants to start and end the leave. (3) The employee must, before starting the leave, give the employer— (a) a doctor’s certificate confirming that she is pregnant and the expected date of birth; and (b) a statutory declaration by the employee stating the period of any parental leave sought by her spouse. 71GI Employee notice—intention to take birth-related leave other than maternity leave (1) This section applies if an employee wants to take birth-related leave, other than maternity 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— 2013 Act No. 61 Page 47

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (a) a doctor’s certificate confirming 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 maternity leave sought by the employee’s spouse; and (ii) that the employee is seeking the leave to be the child’s primary caregiver. Page 48 71GJ 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 placement of the child for adoption purposes (the expected placement date ); and (b) written notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected placement date but, in any case, at least 14 days before starting the leave. (3) The employee must, before starting the leave, give the employer— (a) a statement from an adoption agency of the expected placement date; and (b) for long adoption leave—a statutory declaration by the employee stating— (i) the period of any adoption leave sought by the employee’s spouse; and 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (ii) that the employee is seeking the leave to be the child’s primary caregiver. (4) In this section— adoption agency means an agency, body, office or court, authorised by a Commonwealth or State law to perform functions about adoption. 71GK 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 a child is to start residing with the employee under the surrogacy arrangement (the expected residence date ); and (b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave. (3) The employee must, before starting the leave, give the employer a statutory declaration by the employee stating— (a) the employee is an intended parent under a surrogacy arrangement; and (b) the expected residence date; and (c) for long surrogacy leave— (i) the period of leave sought by the employee; and (ii) the period of any surrogacy leave sought by the employee’s spouse; and 2013 Act No. 61 Page 49

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (iii) that the employee is seeking the leave to be the child’s primary caregiver. 71GL Reasons not to give notice or documents (1) An employee does not fail to comply with section 71GH, 71GI, 71GJ or 71GK if the failure was caused by— (a) the child being born, or the pregnancy otherwise terminating, before the expected date of birth; or (b) the child being placed for adoption before the expected placement date; or (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 placement or the child starts residing with the employee; and (b) in the case of the birth of a living child—a doctor’s certificate stating the date on which the child was born. 71GM Consequences of failure to give notice of intention to take parental leave (1) This section applies if an employee fails to comply with section 71GH, 71GI, 71GJ or 71GK. Page 50 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 7] (2) Despite subdivision 2, the employer is not required to provide the parental leave until the employee complies with the section. 71GN Employee notice—change to situation An employee must notify the employer of any change in the information provided under section 71GH, 71GI, 71GJ or 71GK within 2 weeks after the change. 71GO 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 71GQ 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. 2013 Act No. 61 Page 51

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 89] (3) Section 66(1)(d), ‘service’— omit, insert— employment (4) Section 66(1)(ab) to (e)— renumber as section 66(1)(b) to (f). (5) Section 66(2)— insert— (ab) the Industrial Relations Act 1999 ; and (6) Section 66(2)(c), ‘service’— omit, insert— employment (7) Section 66(2)(ab) to (d)— renumber as section 66(2)(b) to (e). (8) Section 66— insert— (2A) A senior health service employee’s conditions of employment are governed by— (a) this Act; and (b) the Industrial Relations Act 1999 ; and (c) the applied Public Service law; and (d) health employment directives; and (e) an industrial instrument that applies to the employee; and (f) if the employee is a contracted senior health service employee—the employee’s contract. (9) Section 66(3), after ‘in’— insert— a health employment directive or Page 218 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 90] (10) Section 66(2A) and (3)— renumber as section 66(3) and (4). 90 Amendment of s 67 (Appointment of health service employees) (1) Section 67(2), after ‘executive’— insert— or a contracted senior health service employee (2) Section 67(4)(b), after ‘executive’— insert— or a senior health service employee (3) Section 67(4)— insert— (e) for an employee who is a senior health service employee—on contract for an indefinite term. 91 Amendment of s 68 (Contracted health service employees other than health executives) (1) Section 68, heading, after ‘executives’— insert— or senior health service employees (2) Section 68(1), after ‘executive’— insert— or a senior health service employee 92 Amendment of pt 5, div 2, hdg (Health executive service) Part 5, division 2, heading, after ‘service’— 2013 Act No. 61 Page 219

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 93] insert— and senior health service employees 93 Insertion of new pt 5, div 2, sdiv 1, hdg Part 5, division 2, before section 70— insert— Subdivision 1 Health executive service 94 Insertion of new pt 5, div 2, sdiv 2 and sdiv 3, hdg After section 74— insert— Subdivision 2 Senior health service employees Page 220 74A Meaning of senior health service employee (1) A senior health service employee is a health service employee employed in a position— (a) under which the remuneration is more than the high-income threshold; and (b) that is prescribed under a regulation as a senior health service employee position. (2) Without limiting the matters to which the Minister may have regard in deciding whether to recommend the making of a regulation under subsection (1), the Minister may have regard to the role, responsibilities and functions performed by persons employed in the position. (3) In this section— high-income threshold see the IndustrialRelations Act 1999 , section 191. remuneration , of an employee, see the IndustrialRelations Act 1999 , section 192. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 95] 74B Terms of contract for contracted senior health service employees (1) This section applies to a contracted senior health service employee. (2) The employee’s contract of employment must be entered into with— (a) for an employee of the department—the chief executive; or (b) for an employee of a Service—the health service chief executive. (3) The employee’s contract of employment must be in writing and state each of the following— (a) whether the contract is for a fixed term or an indefinite term; (b) if the contract is for a fixed term—the length of the term; (c) the employee’s functions; (d) that the employee must meet any performance criteria stated in the contract; (e) the employee’s classification level, and the remuneration to which the employee is entitled; (f) the period of notice of resignation or termination that is required to be given before the notice takes effect. Subdivision 3 Excluded matters 95 Amendment of s 75 (Exclusion of certain matters from review under other Acts) (1) Section 75(2)— omit. 2013 Act No. 61 Page 221

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 96] (2) Section 75(5), definition excluded matter , after ‘executive’— insert— or a senior health service employee (3) Section 75(3) to (5)— renumber as section 75(2) to (4). 96 Omission of s 76 (Fixing of remuneration packages and classification levels for health executives) Section 76— omit. 97 Amendment of s 78 (Transfer of health service employees) Section 78(4), ‘for a fixed term’— omit. 98 Amendment of s 79 (Entitlement on ending of particular employment contracts) Section 79(1), after ‘executive’— insert— or a senior health service employee 99 Amendment of s 80 (Departmental health service employees to be employed by Services) Section 80(1), after ‘that Service’— insert— , other than a person to whom section 80AA applies 100 Insertion of new s 80AA After section 80— Page 222 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 100] insert— 80AA High-income senior employees to be employed by Services (1) This section applies to a person— (a) employed in the department who is working for a Service immediately before the prescribed day for that Service; and (b) who becomes a high-income senior employee on the same day as the prescribed day. (2) From the prescribed day, the person is taken to be employed by the Service on the conditions that apply to the person under section 66. Note — See also the Industrial Relations Act 1999 , sections 194 and 195 regarding the person’s conditions of employment. (3) The following apply for the person— (a) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave are not affected; (b) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; (c) the employment does not constitute a termination of employment or a retrenchment or redundancy; (d) the person is not entitled to a payment or other benefit because the person is no longer employed in the department. (4) Subject to this section, the chief executive may issue a direction to a person to facilitate the 2013 Act No. 61 Page 223

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 101] transition of employees from the department to a Service. (5) A person given a direction must comply with the direction. (6) In this section— high-income senior employee see the IndustrialRelations Act 1999 , section 189. 101 Amendment of s 80B (Matters and proceedings not affected by persons becoming employees of prescribed Service) Section 80B(1)(a), after ‘80’— insert— or 80AA 102 Insertion of new s 80C Part 5— insert— 80C Matters and proceedings not affected by persons becoming contracted senior health service employees in Service (1) This section applies if— (a) a person appointed as a contracted senior health service employee in a Service was, immediately before the appointment, employed in the department; and (b) before the person was appointed in the Service, a proceeding was taken by or against the person or anything else was done in relation to the person as an employee of the department; and Page 224 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 103] (c) the proceeding or other thing had not been completed immediately before the person was appointed in the Service. (2) The proceeding may be continued and completed after the day the person becomes an employee in the Service by or against the Service instead of the department. (3) For anything other than a proceeding, the thing may be continued unaffected by the person becoming an employee of the Service. Examples for subsection (3) — A recruitment and selection process involving a person employed in the department, started before the day the person becomes an employee in the Service, may continue after the day. The approval of the annual leave for a person employed in the department before the day the person becomes an employee in the Service is effective after that day. 103 Insertion of new pt 13, div 4 Part 13— insert— Division 4 Transitional provisions for the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 320 Senior health service employees Section 74A applies to a person appointed as a health service employee, whether the appointment was made before or after the commencement of the section. 2013 Act No. 61 Page 225

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 104] 321 Existing health service directives about conditions of employment (1) This section applies to a health service directive that— (a) is in effect immediately before the commencement of this section under previous section 47; and (b) is about the terms and conditions of employment for health service employees. (2) Previous section 47 continues to apply in relation to the health service directive despite the amendment of that section by the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 . (3) The health service directive continues in effect until the earlier of the following to happen— (a) the chief executive revokes the directive; (b) the directive is replaced by a health employment directive. (4) This section expires on 31 December 2014. (5) In this section— previous section 47 means section 47 as it was in force immediately before the commencement of this section. 104 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert— contracted senior health service employee means a senior health service employee appointed on contract under section 67. Page 226 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 105] health employment directive means a health employment directive issued by the chief executive under section 51A. senior health service employee see section 74A. (2) Schedule 2, definition appoint , paragraph (a), after ‘second’— insert— , enter into a contract with Division 3 Amendment of Trading (Allowable Hours) Act 1990 105 Act amended This division amends the Trading(AllowableHours)Act1990 . 106 Amendment of s 4 (Meaning of terms) (1) Section 4, heading— omit, insert— 4 Dictionary (2) Section 4, definition commissioner — omit. (3) Section 4— insert— full bench , of the industrial commission, see the Industrial Relations Act 1999 , section 256(2). vice-president means the vice-president of the industrial commission under the IndustrialRelations Act 1999 . (4) Section 4, definitions— relocate to schedule 1, as inserted by this Act. 2013 Act No. 61 Page 227

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 107] (5) Section 4, ‘In this Act—’— omit, insert— The dictionary in schedule 1 defines particular words used in this Act. 107 Amendment of pt 5, hdg (Orders concerning non-exempt shops, exhibitions and special displays) Part 5, heading, ‘, exhibitions and special displays’— omit, insert— and special exhibitions 108 Amendment of s 21 (Trading hours orders on non-exempt shops) (1) Section 21(1), ‘A full bench of the’— omit, insert— The (2) Section 21(1A) and (2), ‘full bench’— omit, insert— industrial commission (3) Section 21(3)— omit, insert— (3) In this section— public holiday includes, if another day is substituted for a public holiday under the Holidays Act 1983 , section 3, the day that would have been the public holiday if the substitution had not happened. (4) Section 21(1A) to (3)— renumber as section 21(2) to (4). Page 228 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 109] 109 Replacement of s 22 (Orders on exhibitions etc.) Section 22— omit, insert— 22 Approval of special exhibitions (1) The industrial commission may, by order— (a) approve the holding of a special exhibition of goods, other than goods that a reasonable person would expect to be sold in an exempt shop; and (b) impose conditions on the holding of the exhibition. (2) The order may provide for the holding of the special exhibition— (a) on a permanent or temporary basis; or (b) in a shop or elsewhere. (3) Without limiting subsection (1)(b), a condition may, for example— (a) fix the following for any day on which a special exhibition may be held— (i) the earliest time the exhibition may open; (ii) the latest time by which the exhibition must close; or (b) permit, prohibit, or impose conditions on, selling, and taking orders for the sale of, goods— (i) exhibited or displayed; or (ii) of a description of the goods exhibited or displayed. 2013 Act No. 61 Page 229

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 110] 110 Amendment of s 23 (Powers and procedures relevant to proceedings under ss 21 and 22) Section 23, ‘22(1)’— omit, insert— 22 111 Insertion of new s 23A After section 23— insert— 23A Reference to full bench (1) This section applies to the matter of an order under section 21 or 22. (2) The vice-president may refer the matter to the full bench of the industrial commission. (3) The referral may be made— (a) at any stage of the proceedings for the matter, including before the hearing of the matter starts; and (b) on the terms the vice-president considers appropriate. (4) The full bench may hear and decide the matter referred to it and make the decision it considers appropriate. (5) This section does not limit the IndustrialRelations Act 1999 , section 281. 112 Amendment of s 25 (Leave may be granted by full bench) (1) Section 25, heading, ‘full bench’— omit, insert— industrial commission (2) Section 25(1), ‘a full bench of’— Page 230 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 113] omit. (3) Section 25(3), ‘A full bench of the’— omit, insert— The 113 Amendment of s 27 (Summary dismissal of application) Section 27, ‘a full bench of’— omit. 114 Replacement of s 29 (Compliance with conditions for exhibitions etc.) Section 29— omit, insert— 29 Compliance with conditions of special exhibitions order (1) This section applies if an order of the industrial commission made under section 22 imposes conditions on the holding of a special exhibition. (2) Each of the following persons must comply with the conditions of the order— (a) a person who holds or organises the special exhibition; (b) a person who occupies an exhibit or display in the special exhibition. 115 Insertion of new pt 8, div 3 After section 49— insert— 2013 Act No. 61 Page 231

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 115] Division 3 Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 50 Definitions for div 3 In this division— commencement means the commencement of this section. commissioner see the IndustrialRelationsAct1999 , section 256(1)(b). new , for a provision of this Act, means the provision as in force from the commencement. previous , for a provision of this Act, means the provision as in force immediately before the commencement. 51 Proceedings started before commencement (1) This section applies to the matter of an order under previous section 21 or 22(1) if, before the commencement, a proceeding for the matter had been started but not decided or otherwise ended. (2) The full bench of the industrial commission must hear and decide, or continue to hear and decide, the matter under this Act as in force immediately before the commencement. (3) However, if immediately before the commencement the hearing of the matter had not started— Page 232 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 2 Amendments relating to industrial relations [s 116] (a) the vice-president may reallocate the matter to an industrial commission constituted by a commissioner sitting alone; and (b) the industrial commission must hear and decide the matter under this Act as in force immediately before the commencement. 52 Special exhibition orders (1) This section applies to an order made under previous section 22 by the industrial commission constituted by the full bench or a commissioner sitting alone. (2) From the commencement, the order is taken to be an order of the industrial commission made under new section 22. 116 Insertion of new sch 1 After section 52, as inserted by this Act— insert— Schedule 1 Dictionary section 4 Division 4 Minor and consequential amendments 117 Legislation amended Schedule 1 amends the legislation it mentions. 2013 Act No. 61 Page 233

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 118] Part 3 Other amendments Division 1 Amendment of Superannuation (State Public Sector) Act 1990 118 Act amended This division amends the Superannuation(StatePublicSector) Act 1990 . 119 Amendment of s 2 (Interpretation) (1) Section 2, definitions appropriately qualified , AWUQ , chairperson , disqualified person , employer trustee , independent director , member entity trustee , QCU and quorum — omit . (2) Section 2, definition alternate trustee , ‘section 6C’— omit , insert — this Act (3) Section 2, definition CEO , ‘6DA’ — omit, insert— 6A 120 Amendment of s 3 (Establishment of board) Section 3(6), ‘ Superannuation Industry (Supervision) Act 1993 (Cwlth) ’— omit , insert — SIS Act Page 234 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 121] 121 Replacement of ss 5–6AA Sections 5 to 6AA— omit, insert — 5 Membership of the board (1) The board consists of the number of trustees prescribed under a regulation. (2) The trustees are to be appointed by the Minister in the way prescribed under a regulation. 122 Renumbering of s 6B (Appointment not affected by other laws restricting employment) Section 6B— renumber as section 6. 123 Omission of ss 6C–6DAA Sections 6C to 6DAA— omit . 124 Renumbering of ss 6DA–6F Sections 6DA to 6F— renumber as sections 6A to 6C. 125 Omission of ss 6G–6J Sections 6G to 6J— omit . 126 Replacement of s 31 (Regulations) Section 31— omit , insert — 2013 Act No. 61 Page 235

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 127] 31 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may be made about any of the following— (a) the membership of the board; (b) the eligibility requirements for trustees and alternate trustees; (c) the appointment of trustees by the Minister; (d) the appointment of alternate trustees by the board and the functions and powers of trustees that may be performed and exercised by alternate trustees; (e) revoking the appointment of trustees or alternate trustees; (f) filling vacancies in the office of a trustee or an alternate trustee; (g) matters relating to the chairperson and deputy chairperson of the board including— (i) the appointment of a trustee as chairperson; and (ii) the election of a trustee as deputy chairperson; (h) the conduct of the board’s business, including providing for the holding of, and attendance and voting at, board meetings. 127 Insertion of new pt 6, div 5 Part 6— insert — Page 236 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 128] Division 5 Transitional provision for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 44 Appointments of existing trustees end (1) This section applies to a trustee holding office immediately before the commencement of this section. (2) On the commencement, the trustee’s appointment ends and the office is vacated. Division 2 Amendment of Superannuation (State Public Sector) Regulation 2006 128 Regulation amended This division amends the Superannuation(StatePublicSector) Regulation 2006 . 129 Insertion of new pt 1 hdg Before section 1— insert — Part 1 Preliminary 130 Insertion of new s 2A After section 2— insert — 2013 Act No. 61 Page 237

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] 2A Interpretation The dictionary in schedule 2 defines particular words used in this regulation. 131 Insertion of new pt 2 After new section 2A— insert — Part 2 Board of trustees 2B Membership of the board (1) The Minister must, under section 5 of the Act, appoint— (a) 4 trustees as representing employers ( employer trustees ); and (b) 4 member representative trustees, of whom 1 is to be nominated by— (i) the Queensland Police Union; and (ii) the Queensland Nurses’ Union; and (iii) the Queensland Teachers’ Union; and (iv) Together Queensland. (2) With the board’s written consent, the Minister may also appoint 1 other trustee if, when appointed, the person will be an independent director of the board. 2C Appointment of trustees (1) A person may be appointed as a trustee only if the person— (a) is eligible to be a trustee; and Page 238 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] Note — See section 2D. (b) gives written consent for the appointment. (2) An appointment of a trustee must be made by gazette notice. 2D Eligibility (1) A person is eligible to be a trustee if the person is— (a) an adult; and (b) not a disqualified person; and (c) appropriately qualified to perform the functions, and exercise the powers, of a trustee. (2) If a person holding the office of trustee becomes a disqualified person, the person must immediately give written notice to the board that the person is a disqualified person. (3) In this section— trustee includes an alternate trustee. 2E Term of appointment (1) A trustee is appointed for the term, of not more than 3 years, stated in the gazette notice. (2) A trustee may be reappointed. (3) However, a person must not be appointed if the total of the person’s terms of appointment would be more than 9 years. 2F Vacancy in the office of trustee (1) The office of a trustee becomes vacant if— 2013 Act No. 61 Page 239

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] (a) the Minister revokes the trustee’s appointment; or (b) the trustee— (i) resigns by signed notice given to the Minister; or (ii) becomes a disqualified person. (2) The Minister must not revoke the appointment of a member representative trustee other than on a request by the board under section 2G. 2G Board may ask Minister to revoke trustee’s appointment (1) The board may ask the Minister to revoke a trustee’s appointment— (a) if the trustee is absent from 3 board meetings in a financial year, of which the trustee has been given notice under procedures approved by the board, without the board’s leave and without reasonable excuse; or (b) if the board is satisfied the trustee is unable to perform the trustee’s functions because of a physical or mental incapacity; or (c) if the board is satisfied that, if the trustee remains as a trustee, it is likely the board will not meet the prudential standards under the SIS Act, part 3A that apply to it; or (d) in the circumstances prescribed under the SIS Act, section 107(2)(a)(ii)(G). (2) Before asking the Minister to revoke a trustee’s appointment, the board must— (a) give the trustee a written notice stating— Page 240 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] (i) that the board proposes to ask the Minister to revoke the trustee’s appointment; and (ii) the reason for making the request; and (iii) that the trustee may, within a stated reasonable time of not less than 14 days, give the board a written submission about why the board should not make the request; and (b) have regard to any submissions received from the trustee within the stated time. (3) Also, before asking the Minister to revoke a member representative trustee’s appointment under subsection (1)(a), (b) or (d), the board must obtain the written approval of the entity that nominated the trustee for appointment. (4) The Minister must comply with a request from the board under this section. 2H Filling a vacancy in the office of a trustee (1) This section applies if the office of a trustee becomes vacant before the end of the term of the trustee’s appointment (the original term ). (2) The Minister must— (a) for an employer trustee—appoint another person to the office; or (b) for a member representative trustee—appoint a person nominated by the entity that nominated the trustee whose office has become vacant. (3) Subject to subsection (4), the Minister must appoint a trustee to fill a vacancy within 90 days after it happens. 2013 Act No. 61 Page 241

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] (4) If the Minister does not receive a nomination for a vacancy in the office of a member representative trustee from the relevant nominating entity in time to fill the vacancy within 90 days after it happens, the Minister must appoint a trustee to fill the vacancy as soon as practicable after receiving the nomination. (5) An appointment to fill the vacancy must be for a term ending at the end of the original term. 2I Alternate trustees (1) The board may appoint alternate trustees to— (a) act in the office of a trustee during a vacancy in the office; and (b) attend board meetings in the place of trustees who are unable to attend the meetings; and (c) exercise the absent trustees’ powers at the meetings. (2) However, at any time there must not be more than 2 alternate trustees. (3) The board must, if it decides to appoint alternate trustees, publish a policy about the role of alternate trustees. 2J Appointment of alternate trustees (1) The board may appoint a person as alternate trustee only if the person— (a) is eligible to be appointed as a trustee; and Note — See section 2D. (b) gives written consent to the appointment. Page 242 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] (2) An alternate trustee must be appointed for a stated term of not more than 3 years. (3) The office of an alternate trustee becomes vacant if the trustee— (a) resigns by signed notice given to the chairperson; or (b) becomes a disqualified person. 2K Chairperson (1) The Minister must appoint 1 of the trustees as chairperson of the board. (2) The Minister may appoint a trustee as chairperson only with the trustee’s written consent. (3) The Minister must consult with the board before making or revoking an appointment of a chairperson. (4) An appointment under this section must— (a) be signed by the Minister; and (b) be for a stated term of not more than 3 years. (5) The office of chairperson becomes vacant if— (a) the chairperson’s term of appointment as trustee ends; or (b) the chairperson resigns the office of chairperson by signed notice given to the Minister; or (c) the chairperson stops being a trustee. 2L Deputy chairperson (1) The trustees may elect one of their number as deputy chairperson of the board if the person consents to the election. 2013 Act No. 61 Page 243

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] (2) The person elected must be— (a) if the chairperson is an employer trustee—a member representative trustee; or (b) if the chairperson is a member representative trustee—an employer trustee. (3) A person is elected deputy chairperson if at least a quorum of trustees vote for the person to be deputy chairperson. (4) The office of deputy chairperson becomes vacant if— (a) the deputy chairperson’s term of appointment as trustee ends; or (b) the deputy chairperson resigns the office of deputy chairperson by signed notice given to the board; or (c) the deputy chairperson stops being a trustee; or (d) the deputy chairperson stops being a person who may be elected under subsection (2). 2M Conduct of business Subject to the Act and this regulation, the board may conduct its business, including its meetings, in the way it considers appropriate. Page 244 2N Time and place of meetings (1) Board meetings are to be held at the times and places the board decides. (2) The chairperson— (a) may call a meeting at any time; and (b) must call a meeting on the written request of at least a quorum of trustees. 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 131] 2O Conduct of meetings (1) Board meetings are to be presided over by— (a) if the chairperson is present—the chairperson; or (b) if the chairperson is not present—the deputy chairperson; or (c) if neither the chairperson nor the deputy chairperson is present—another trustee chosen by the trustees who are present. (2) A resolution is passed at a board meeting only if at least a quorum of trustees vote in favour of it. (3) A trustee present at a meeting who abstains from voting is taken to have voted for the negative. (4) The board may hold meetings, or permit trustees to take part in meetings, by telephone, video link, or another form of communication that allows reasonably contemporaneous and continuous communication between the trustees taking part in the meeting. (5) A trustee who takes part in a meeting under subsection (4) is taken to be present at the meeting. 2P Resolutions other than at meetings (1) A resolution may be made by the board other than at a board meeting if— (a) at least a quorum of trustees give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. (2) The resolution is taken to have been made as soon as the number of trustees who have given written agreement to the resolution is at least a quorum. 2013 Act No. 61 Page 245

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 132] Part 3 Miscellaneous 132 Amendment of s 3 (Units of the State public sector—Act, s 2(1)) Section 3, ‘the schedule’— omit , insert — schedule 1 133 Omission of s 5 (Prescribed number—Act, s 5) Section 5— omit . 134 Insertion of new pt 4 After section 6— insert — Part 4 Transitional provision for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 7 Particular persons may hold office as trustee for more than 9 years (1) This section applies to a person who held office as a trustee immediately before the commencement of this section. (2) Despite section 2E(3), the Minister may reappoint the person as a trustee even if— Page 246 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Part 3 Other amendments [s 135] (a) the total of the person’s terms of appointment as trustee is more than 9 years; or (b) the appointment will mean the total of the person’s term of appointment will be more than 9 years. 135 Amendment of schedule (Units of the State public sector) Schedule— number as schedule 1. 136 Insertion of new sch 2 After schedule 1, as numbered— insert — Schedule 2 Dictionary section 2A 2013 Act No. 61 chairperson means the trustee holding office as the chairperson under section 2K. employer trustee means a trustee mentioned in section 2B(1)(a). disqualified person has the meaning given under the SIS Act, section 120. independent director has the meaning given under the SIS Act, section 10(1) and (2). member representative trustee means a trustee mentioned in section 2B(1)(b). quorum , of trustees, means, at any particular time, the number that is two-thirds of the total number of trustees holding office at the time. Page 247

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation AmendmentAct 2013 Schedule 1 Schedule 1 Minor and consequential amendments section 117 Part 1 Amendments commencing on assent Industrial Relations Act 1999 1 Section 164(2)— insert— (c) it expires under subsection (3). 2 Section 164— insert— (3) A certified agreement expires at the end of the day that is 3 years after the nominal expiry date for the agreement unless it is sooner replaced by another certified agreement or terminated. 3 Section 259A— omit. 4 Section 259AA(1)— insert— Note — Chapter 8A provided for the appointment of the ombudsman. That chapter was repealed by the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 . Page 248 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 5 Section 264(4)— insert— Note — Chapter 8A provided for the appointment of the ombudsman. That chapter was repealed by the Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 . 6 Section 264(5), ‘An industrial commissioner’— omit, insert— A commissioner 7 Chapter 8A— omit. 8 Section 353(4), definition workplace — omit. 9 Section 353(4)— insert— branch , of an organisation, see section 409. workplace — (a) means a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be carried on; and (b) includes a place of business used or occupied by an organisation, a branch of an organisation or an associated entity of an organisation. 10 Section 356(1)(a), ‘instrument—’— omit, insert— 2013 Act No. 61 Page 249

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 instrument any of the following persons (each a relevant person )— 11 Section 356(1)(a)(i), ‘or’— omit. 12 Section 356(1)(a)(ii), ‘and’— omit. 13 Section 356(1)(a)— insert— (iii) an officer of an organisation or a branch of an organisation; (iv) a person who— (A) is at a place of business used or occupied by an associated entity of an organisation; and (B) is in control, or appears to the inspector to be in control, of the place; and 14 Section 356(1)(b) and (2), ‘employer or person’— omit, insert— relevant person 15 Section 356(3), ‘The person’— omit, insert— The relevant person 16 Section 356(5), ‘an employee’— omit, insert— Page 250 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 a relevant person who is an employee 17 Section 662(4), definition official — omit, insert— official means— (a) an inspector; or (b) the registrar. 18 Section 663(6), definition official , paragraphs (d) and (e)— omit. 19 Section 702(3), definition official , paragraphs (g) and (h)— omit. 20 Schedule 5, definitions ombudsman and QWRO — omit. Integrity Act 2009 1 Schedule 1, entry for Industrial Relations Act 1999 , ‘the Queensland workplace rights ombudsman’— omit . 2013 Act No. 61 Page 251

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 Public Service Act 2008 1 Schedule 1, entry for Queensland Workplace Rights Office— omit. Part 2 Amendments commencing on 1 December 2013 Building and Construction Industry (Portable Long Service Leave) Act 1991 1 Section 56(3)(b), after ‘53(3)’ — insert— or 71HQ(3) 2 Section 61(1)(b), after ‘part 3’ — insert— , or chapter 2A, part 2, division 6, 3 Section 61(1)(b), ‘that part’ — omit, insert— those provisions 4 Section 61(4), after ‘part 3’ — insert— or chapter 2A, part 2, division 6, Page 252 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 5 Section 61(4), after ‘section 56’ — insert— or 71HT 6 Section 62(9), from ‘Industrial ’ to ‘requires)’ — omit, insert— LSL payment provisions 7 Section 62 — insert— (10) In this section — LSL payment provisions means the following provisions of the Industrial Relations Act 1999— (a) if chapter 2 of that Act applies to the worker — section 46 or 49, as the case requires; (b) if chapter 2A of that Act applies to the worker — chapter 2A, part 2, division 6, subdivision 5 or section 71HL, as the case requires. Child Employment Act 2006 1 Sections 15A(2)(b) and 15B(3), definition employment entitlements and protections , paragraph (b), after ‘Full Bench,’ — insert— or chapter 2A, part 2, 2013 Act No. 61 Page 253

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 Industrial Relations Act 1999 1 Section 72(2), after ‘69’— insert — or 71GZH 2 Section 73(2)(k), after ‘parental leave’— insert — under chapter 2 or 2A 3 Section 73(2)(ka), ‘or 40(7)’— omit, insert — , 40(7), 71FE or 71FI 4 Section 160(6), definition entitlements or protections , paragraph (b), ‘, including as reviewed by a general ruling of the full bench,’— omit, insert— , chapter 2A 5 Section 311A(2), ‘, or a statement of policy under section 288,’— omit. 6 Section 311A(3), ‘or statement of policy’— omit. 7 Sections 366(1)(d), 367(1)(d) and 665(1)(b), after ‘47’— insert — or 71HJ Page 254 2013 Act No. 61

Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013 Schedule 1 8 Section 692D(5), after ‘chapter 2’— insert— or 2A © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 61 Page 255