Industrial Relations Regulation 2000 (QLD)

Queensland Industrial Relations Act 1999 Industrial Relations Regulation 2000 Reprinted as in force on 4 April 2011 Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2011 SL No. 170 s 147

Information about this reprint This regulation is reprinted as at 4 April 2011. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use aspects of format and printing style consistent with current drafting practice (s 35) • correct minor errors (s 44). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including table of corrected minor errors • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Industrial Relations Regulation 2000 Contents Part 1 1 2 3 Part 2 4 5 6 7 Part 3 8 Part 4 9 10 11 Part 6 16 Part 7 17 Part 7A 17A 17B 17C Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dismissals and power to amend or void contracts Prescribed amount—Act, ss 72 and 276 . . . . . . . . . . . . . . . . . . . 11 Meaning of temporary absence—Act, s 73 . . . . . . . . . . . . . . . . . 11 Working out continuous service—Act, s 84(2) . . . . . . . . . . . . . . . 12 Compensation for commission or piece rate employees—Act, s 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Freedom of association Procedure for exemption hearing—Act, s 112 . . . . . . . . . . . . . . . 14 Certified agreements Agreement for certification to be accompanied by affidavit—Act, s 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Protected industrial action—Act, s 174 . . . . . . . . . . . . . . . . . . . . 16 Complementary laws—Act, s 186 . . . . . . . . . . . . . . . . . . . . . . . . 17 Authorised industrial officers Application for issue of an authority—Act, s 364 . . . . . . . . . . . . . 20 Overpaid wages Recovering overpaid wages—Act, s 396 . . . . . . . . . . . . . . . . . . . 20 Fees charged by private employment agents Particulars for written notice—Act, s 408D(2)(a) . . . . . . . . . . . . . 21 Prescribed percentage of gross amount payable to model or performer—Act, s 408D(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 408D(2)(b) . . . . . 22

Industrial Relations Regulation 2000 Contents Part 8 Division 1 18 Division 2 19 20 21 22 23 24 25 26 Division 3 27 28 29 Division 4 30 31 32 33 Part 9 34 Part 10 35 Part 11 36 37 38 39 40 41 Application to industrial tribunal under chapter 12 of the Act Definition Definition for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications, and service and publication of process Applications to industrial tribunal . . . . . . . . . . . . . . . . . . . . . . . . . Applications for registration, change of list of callings or amendment of name or eligibility rules. . . . . . . . . . . . . . . . . . . . . Certain applications must state grounds on which they are made Application for exemption under Act, s 580 . . . . . . . . . . . . . . . . . How making of resolution is to be notified for Act, s 595(1)(b) . . . Publishing notice for Act, s 596 . . . . . . . . . . . . . . . . . . . . . . . . . . Signing or sealing application for deregistration order under Act, s 639 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application by registrar for deregistration order for defunct organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections Who may object—Act, s 654 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Answering objections—Act, s 654 . . . . . . . . . . . . . . . . . . . . . . . . Notice of hearing and hearing Hearing application and objections—Act, s 654. . . . . . . . . . . . . . Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity to make written submissions. . . . . . . . . . . . . . . . . . . Grounds objector may rely on . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules generally Cost of copy of rules—Act, s 428 . . . . . . . . . . . . . . . . . . . . . . . . . Model election rules Model election rules—Act, s 454 . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of elections by organisation or branch Prescribed information for elections—Act, s 481 . . . . . . . . . . . . . Prescribed particulars for election or ballot result reports—s 121 and Act, ss 488 and 600 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of election or ballot result . . . . . . . . . . . . . . . . . . . . . Copies of result reports to be given . . . . . . . . . . . . . . . . . . . . . . . Voters may ask for information about election or ballot . . . . . . . . Unauthorised action in conducting election or ballot . . . . . . . . . . 22 23 23 24 25 25 25 26 26 27 27 28 28 29 30 30 30 30 31 32 34 34 34 35 Page 2

42 Part 12 Division 1 43 44 45 46 47 48 49 Division 2 50 Part 13 Division 1 51 52 53 54 55 Division 2 56 57 Division 3 58 Division 4 59 60 61 62 63 Division 5 64 65 66 Industrial Relations Regulation 2000 Contents Ballot security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts and audit Accounting obligations Accounting records—Act, s 554(2). . . . . . . . . . . . . . . . . . . . . . . . Prescribed accounts—Act, s 555(1). . . . . . . . . . . . . . . . . . . . . . . Certificates to be given in accounts . . . . . . . . . . . . . . . . . . . . . . . How to apply for information—Act, s 556 . . . . . . . . . . . . . . . . . . . Information that must be supplied on application by member—Act, s 556 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member asking registrar to apply for information . . . . . . . . . . . . . Management committee must report insolvency to members . . . Investigations Circumstances in which registrar may conduct other investigations—Act, s 571(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . Amalgamations and withdrawals Federations Application for recognition as federation . . . . . . . . . . . . . . . . . . . Representation by federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of federation’s composition. . . . . . . . . . . . . . . . . . . . When federation ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change in particulars, rules or agreement for federation . . . . . . . Community of interest declaration Community of interest declaration for amalgamation . . . . . . . . . . End of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting for constituent part Who may act for constituent part . . . . . . . . . . . . . . . . . . . . . . . . . Amalgamation and withdrawal schemes Management committee approval . . . . . . . . . . . . . . . . . . . . . . . . Amalgamation or withdrawal scheme. . . . . . . . . . . . . . . . . . . . . . Alternative schemes for amalgamation . . . . . . . . . . . . . . . . . . . . Amending schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scheme outlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications about ballots Application to submit proposed amalgamation to a ballot . . . . . . Application to submit proposed withdrawal to a ballot . . . . . . . . . Amalgamation ballot exemption—number of members . . . . . . . . 35 36 36 37 37 37 38 38 39 40 41 41 41 42 42 44 44 44 45 46 47 48 49 50 51 Page 3

Industrial Relations Regulation 2000 Contents 67 68 69 70 Division 6 71 72 73 74 75 Division 7 76 77 78 79 80 Division 8 81 82 83 84 85 86 87 88 89 90 91 92 93 Division 9 94 95 96 Page 4 Amalgamation ballot exemption—recognising federal ballot . . . . Withdrawal ballot exemption—recognising federal ballot . . . . . . . Application for alternative ballot . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawing from application . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘Yes’ or ‘no’ case Filing ‘yes’ case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filing ‘no’ case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘Yes’ or ‘no’ cases may include things other than words . . . . . . . Amending ‘yes’ or ‘no’ cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections Objections about amalgamations involving extending eligibility rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objection to amalgamation ballot exemption—recognising federal ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objection to withdrawal ballot exemption—recognising federal ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Answering objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amalgamation or withdrawal hearing . . . . . . . . . . . . . . . . . . . . . . Amalgamation ballot approval . . . . . . . . . . . . . . . . . . . . . . . . . . . Notifying refusal of ballot application . . . . . . . . . . . . . . . . . . . . . . Hearing objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amalgamation ballot approval if ballot extends eligibility rules . . . Withdrawal ballot approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot exemption—number of members . . . . . . . . . . . . . . . . . . . . Amalgamation ballot exemption—recognising federal ballot . . . . Withdrawal ballot exemption—recognising federal ballot . . . . . . . Alternative ballot approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to manager of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixing ballot period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballots Electoral commission to conduct ballot . . . . . . . . . . . . . . . . . . . . Providing information and documents to electoral officers . . . . . . Action and directions by manager of ballot. . . . . . . . . . . . . . . . . . 52 53 54 56 57 57 58 58 58 59 59 59 60 60 61 62 63 64 65 65 67 67 68 69 70 70 71 71 71 73

Industrial Relations Regulation 2000 Contents 97 98 99 100 101 102 103 104 105 106 107 108 109 Division 10 110 111 Division 11 112 113 114 115 Division 12 116 117 118 Division 13 119 120 121 122 Division 14 Subdivision 1 123 124 125 126 Manager of ballot must give scheme and outline if asked . . . . . . Members’ secret postal ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of ballot paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postal ballots—distributing voting material . . . . . . . . . . . . . . . . . . Material for alternative ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . Alternative ballots—distributing ballot papers . . . . . . . . . . . . . . . Duplicate ballot documents—postal voting. . . . . . . . . . . . . . . . . . Duplicate ballot papers—alternative ballot . . . . . . . . . . . . . . . . . . Manager must keep a ballot box . . . . . . . . . . . . . . . . . . . . . . . . . How to vote by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to vote in an alternative ballot. . . . . . . . . . . . . . . . . . . . . . . . How ballot manager must deal with voting material . . . . . . . . . . . Roll Roll—who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roll—inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers’ rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers’ objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction to leave count . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting votes Initial scrutiny of postal votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot records to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of proposal Members’ decision on amalgamation or withdrawal. . . . . . . . . . . Amalgamation approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot result report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further ballot if amalgamation not approved . . . . . . . . . . . . . . . . Ballot inquiries Applications and referrals to commission Commission may conduct ballot inquiry . . . . . . . . . . . . . . . . . . . . Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referral to commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 73 74 74 75 76 77 77 78 78 79 80 80 80 81 82 83 83 84 85 87 88 88 89 89 89 90 90 90 91 Page 5

Industrial Relations Regulation 2000 Contents Subdivision 2 127 128 129 Subdivision 3 130 131 132 Subdivision 4 133 134 Subdivision 5 135 136 Division 15 137 138 139 140 141 142 143 144 145 146 147 Part 14 148 Part 15 149 150 Schedule 3 Part 1 1 Investigations and interim orders Commission may authorise registrar to investigate . . . . . . . . . . . Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When interim order ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of ballot inquiries Commission’s functions and powers for inquiry . . . . . . . . . . . . . . Orders if irregularity found . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcing orders under this division . . . . . . . . . . . . . . . . . . . . . . . Offences about ballot inquiries Disadvantaging applicant for inquiry. . . . . . . . . . . . . . . . . . . . . . . Obstructing orders being carried out . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Financial help for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs of fresh ballot ordered by inquiry . . . . . . . . . . . . . . . . . . . . Amalgamation or withdrawal taking effect Who may apply to fix a start day for amalgamation or withdrawal Fixing start day for amalgamation or withdrawal . . . . . . . . . . . . . Order to apportion assets and liabilities on withdrawal . . . . . . . . Holding office after withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of amalgamation on commission decisions . . . . . . . . . . . . Effect of withdrawal on order of commission or industrial instrument ...................................... Effect of amalgamation on instruments . . . . . . . . . . . . . . . . . . . . Effect of withdrawal on agreements, arrangements or other instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of amalgamation on pending proceedings . . . . . . . . . . . . . Effect of withdrawal on pending proceedings . . . . . . . . . . . . . . . . Amalgamated organisation to carry out amalgamation . . . . . . . . Declarations for Commonwealth Act, section 14(2) Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Certificate of employment on termination—Act, s 700 . . . . . . . . . Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model election rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 92 92 93 93 93 94 94 94 95 95 96 97 97 98 98 99 99 100 100 101 101 102 102 103 103 Page 6

Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 Division 1 10 11 12 Division 2 13 14 15 16 Division 3 17 18 19 Division 4 20 21 22 23 24 25 26 27 Division 5 28 29 Industrial Relations Regulation 2000 Contents Manager of election Manager of election—functions and powers . . . . . . . . . . . . . . . . Pre-election procedures Closing day and time for nominations . . . . . . . . . . . . . . . . . . . . . Starting and finishing days of ballot . . . . . . . . . . . . . . . . . . . . . . . Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What happens if a nomination is defective . . . . . . . . . . . . . . . . . . When a ballot must be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election without ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting ballots General Roll—preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roll—inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When someone can claim a right to vote . . . . . . . . . . . . . . . . . . . Voting material Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distributing voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manager must keep a ballot box . . . . . . . . . . . . . . . . . . . . . . . . . Duplicate voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting How long ballot is open . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How many votes may be cast. . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting and scrutiny of votes How manager must deal with voting material. . . . . . . . . . . . . . . . Scrutineers—appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers’ rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers—numbers attending . . . . . . . . . . . . . . . . . . . . . . . . . Initial scrutiny of voting material . . . . . . . . . . . . . . . . . . . . . . . . . . Counting votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers’ objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction by manager to leave count . . . . . . . . . . . . . . . . . . . . . . Election result How result is decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What happens if votes for 2 or more candidates are equal . . . . . 104 105 105 106 107 107 108 108 108 109 109 110 111 112 112 113 113 114 114 115 115 115 116 118 118 119 119 120 Page 7

Industrial Relations Regulation 2000 Contents 30 Schedule 4 Part 1 Division 1 1 Division 2 2 3 4 5 6 7 8 9 10 11 12 13 Division 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Page 8 What happens if multiple nominee elected. . . . . . . . . . . . . . . . . . Prescribed accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Income and expenditure Income and expenditure account Income and expenditure account . . . . . . . . . . . . . . . . . . . . . . . . . Particulars of income Entrance fees or membership contributions . . . . . . . . . . . . . . . . . Payments from a branch to an organisation . . . . . . . . . . . . . . . . . Payments from an organisation to a branch . . . . . . . . . . . . . . . . . Compulsory levies or voluntary contributions. . . . . . . . . . . . . . . . Donations or grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other investment income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Profit on sale or revaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sundry income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particulars of expenditure Affiliation fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments by organisation to branch for services . . . . . . . . . . . . . Payments by branch to organisation for services . . . . . . . . . . . . . Compulsory levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Donations or grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers’ and employees’ remuneration . . . . . . . . . . . . . . . . . . . . Representatives’ fees or allowances . . . . . . . . . . . . . . . . . . . . . . Professional services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest on loans and asset management costs. . . . . . . . . . . . . . Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for depreciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss on sale or revaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deficit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments by organisation to branch other than for services . . . . Payments by branch to organisation other than for services . . . . 120 121 121 121 121 122 122 122 122 122 122 123 123 123 123 123 123 124 124 124 124 124 124 125 125 125 125 125 125 125 125 126

31 32 Part 2 Division 1 33 34 Division 2 35 36 37 38 39 40 41 42 43 44 45 Division 3 46 47 48 49 50 51 52 Part 3 53 54 Schedule 5 Part 1 1 2 3 4 5 Industrial Relations Regulation 2000 Contents Bad debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sundry expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities Balance sheet Balance sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value of non-current assets must not be misleading . . . . . . . . . . Particulars of assets Value of current assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cash in hand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cash at financial institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prepayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts and loans receivable. . . . . . . . . . . . . . . . . . . . . . . . . . . Public investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-public investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-current assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investments from special accounts . . . . . . . . . . . . . . . . . . . . . . . Other account balances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General account balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particulars of liabilities Current and non-current liabilities . . . . . . . . . . . . . . . . . . . . . . . . Rent payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts payable other than for rent . . . . . . . . . . . . . . . . . . . . . . Loans payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for long service leave entitlements . . . . . . . . . . . . . . . . Provision for annual leave entitlements . . . . . . . . . . . . . . . . . . . . Provision for superannuation or retirement benefits . . . . . . . . . . . Notes to accounts Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amounts to be included with notes. . . . . . . . . . . . . . . . . . . . . . . . Matters for account certificates . . . . . . . . . . . . . . . . . . . . . . . . Accounting officer’s certificates Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members’ payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval for expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments from special accounts . . . . . . . . . . . . . . . . . . . . . . . . . 126 126 126 127 127 128 128 128 128 128 128 128 128 129 129 129 129 129 129 129 129 130 130 130 131 131 131 131 132 132 Page 9

Industrial Relations Regulation 2000 Contents 6 7 Part 2 8 9 10 11 12 Schedule 6 1 2 3 4 5 6 7 8 Schedule 7 Schedule 7A Schedule 8 Loans and financial benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management committee certificates Financial affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Organisation’s solvency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management committee meetings . . . . . . . . . . . . . . . . . . . . . . . . Whether records have not been given under Act or rules . . . . . . Audit report and accounts for the last financial year. . . . . . . . . . . Prescribed information for previous financial year—Act, section 556 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Donations or grants to organisation . . . . . . . . . . . . . . . . . . . . . . . Donations or grants by organisation. . . . . . . . . . . . . . . . . . . . . . . Officer’s remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Profit or loss on sale or revalue . . . . . . . . . . . . . . . . . . . . . . . . . . Loans by organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loans to organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-public investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contingent liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Percentage of gross amount payable to model or performer Employers declared not to be national system employers . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 132 132 133 133 133 133 134 134 134 134 134 135 135 135 136 137 138 145 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of corrected minor errors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 147 148 148 149 149 151 153 Page 10

Industrial Relations Regulation 2000 Part 1 Preliminary [s 1] Industrial Relations Regulation 2000 [as amended by all amendments that commenced on or before 4 April 2011] Part 1 Preliminary 1 Short title This regulation may be cited as the Industrial Relations Regulation 2000 . 2 Commencement This regulation commences on 1 December 2000. 3 Definitions The dictionary in schedule 8 defines particular words used in this regulation. Part 2 Dismissals and power to amend or void contracts 4 Prescribed amount—Act, ss 72 and 276 For sections 72(1)(e)(iii) and (3)(f)(iii) and 276(6)(b)(ii) of the Act, the amount is $113800. 5 Meaning of temporary absence—Act, s 73 (1) This section applies for section 73(2)(a) of the Act. Reprint 3 effective 4 April 2011 Page 11

Industrial Relations Regulation 2000 Part 2 Dismissals and power to amend or void contracts [s 6] (2) If an employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence, an absence is temporary if the employee complies with the industrial instrument. (3) Otherwise, an absence is temporary— (a) if an employee promptly notifies the employer of— (i) the illness or injury that will cause the employee to be absent; 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 gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or (ii) the employee gives the employer other evidence of the illness or injury that is satisfactory to the employer. (4) However, an absence is not temporary if the total period of unpaid absence within a 1-year period because of 1 or more illnesses or injuries is more than 3 months. 6 Working out continuous service—Act, s 84(2) (1) For working out continuous service under section 84(1) of the Act, the following do not break an employee’s continuity of service with the employer— (a) the employee’s absence from work if there was a reasonable cause for the absence; (b) the employee’s absence from work because of protected action under section 174 of the Act; (c) another absence from work by the employee, unless the employer gives the employee notice that the absence from work breaks the employee’s continuity of service. Page 12 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 2 Dismissals and power to amend or void contracts [s 6] (2) An employee’s absence from work under subsection (1)(a) does break the continuity of service if— (a) a decision requires the employee to— (i) notify the employer of an absence from work; and (ii) substantiate the reason for the absence; and (b) the employee does not comply with the decision. (3) Also, an employee’s absence from work under subsection (1)(a) does break the continuity of service if— (a) there is no decision mentioned in subsection (2); and (b) the employee does not promptly notify the employer of— (i) the employee’s absence from work; and (ii) the reason for the absence; and (iii) the likely duration of the absence. (4) An employee’s absence from work under subsection (1)(b) does break the continuity of service if the commission or a magistrate has decided, in making an order under section 83(4) of the Act, that the absence must be taken to be a break in the continuity of service. (5) A notice under subsection (1)(c)— (a) must be given during, or within 14 days after the end of, the absence; and (b) may be withdrawn by the employer. (6) If the employer withdraws the notice, it is taken not to have been given. (7) If an employee’s absence from work does not break the employee’s continuity of service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 84(1) of the Act. Reprint 3 effective 4 April 2011 Page 13

Industrial Relations Regulation 2000 Part 3 Freedom of association [s 7] 7 Compensation for commission or piece rate employees—Act, s 85 For section 85(3) of the Act, the amount taken to be payable is the average weekly remuneration payable to the employee— (a) for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or (b) for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period. Part 3 Freedom of association 8 Procedure for exemption hearing—Act, s 112 (1) On receiving an application under section 111 of the Act, the magistrate or registrar must promptly— (a) set a time and place to hear the application; and (b) give at least 2 days notice of the hearing to— (i) the applicant; and (ii) the organisation from which the applicant is seeking exemption from membership. (2) Only the following persons may attend the hearing— (a) the applicant; (b) 1 member or officer of the organisation. (3) At the hearing, the member or officer of the organisation may— (a) ask the applicant questions that are relevant to the application; and (b) make submissions to the magistrate or registrar. Page 14 Reprint 3 effective 4 April 2011

Part 4 Industrial Relations Regulation 2000 Part 4 Certified agreements [s 9] Certified agreements 9 Agreement for certification to be accompanied by affidavit—Act, s 156 (1) For section 156(1)(f) of the Act, an agreement must be accompanied by an affidavit containing the following information— (a) whether the agreement is for a new business, is a project agreement or is a multi-employer agreement; (b) whether or not the agreement is made with an employee organisation; (c) the industry in which the employer is engaged; (d) the name of the relevant or designated award; (e) for non-State government employees—the address or addresses at which the employees to be covered by the agreement are, or are to be, employed; (f) the number of male and female employees to be covered by the agreement; (g) the number of apprentices or trainees to be covered by the agreement; (h) the name and address of each employer to be bound by the agreement; (i) if the agreement is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; (j) if the agreement was negotiated for another person—the person who negotiated the agreement and the person for whom it was negotiated; (k) the average percentage by which the wages of the employees to be covered by the agreement will increase or decrease under the agreement compared with wages before the agreement; (l) the nominal expiry date of the agreement; Reprint 3 effective 4 April 2011 Page 15

Industrial Relations Regulation 2000 Part 4 Certified agreements [s 10] (m) the steps taken to ensure compliance with section 143 of the Act, and, if it applies, section 144 or 145 of the Act, and in particular, that the terms of the agreement were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the agreement; (n) a statement that the employer did not do something mentioned in section 156(1)(b) of the Act; (o) where the procedures for preventing and settling disputes can be found in the agreement; (p) a statement that the requirement for equal remuneration of employees under section 156(1)(l) or (m) of the Act is met; (q) a statement that the agreement passes the no-disadvantage test under chapter 6, division 3 of the Act. (2) The affidavit must be in the form provided for in the rules of court. (3) For section 156(1)(f) of the Act, if there is or was a certified agreement covering part or all of the employees to be covered by the agreement, the agreement must also be accompanied by the name and agreement number of the certified agreement. (4) In this section— multi-employer agreement means an agreement made with a multi-employer. 10 Protected industrial action—Act, s 174 (1) For section 174(6) of the Act, the prescribed purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment including, for example— (a) a superannuation entitlement; and (b) an authorised leave entitlement; and Page 16 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 4 Certified agreements [s 11] (c) an entitlement to remuneration and promotion as affected by seniority; and (d) an entitlement to notice of, or compensation for, dismissal. (2) In this section— authorised leave means leave authorised by— (a) the employer; or (b) an industrial instrument; or (c) an order of a court or tribunal having power to fix wages and other employment conditions; or (d) the employee’s employment contract; or (e) a Commonwealth or State law. 11 Complementary laws—Act, s 186 (1) For section 186 of the Act, the provisions of the Commonwealth Act that apply as a law of the State are amended as set out in this section. (2) Part VIB, division 2, heading— omit, insert — ‘ Division 2—Making agreements with employers other than constitutional corporations or the Commonwealth ’. (3) Section 170LH, ‘employers who are constitutional corporations or the Commonwealth’— omit, insert — ‘employers other than constitutional corporations or the Commonwealth’. (4) Section 170LH(b)— omit, insert — ‘(b) employees any of whose terms and conditions are governed by: Reprint 3 effective 4 April 2011 Page 17

Industrial Relations Regulation 2000 Part 4 Certified agreements [s 11] (i) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (ii) an old IR agreement within the meaning of the Workplace Relations Regulations , regulation 2.’. (5) Section 170LI(1)(a)— omit, insert — ‘(a) an employer other than a constitutional corporation or the Commonwealth; and’. (6) Section 170LI— insert — ‘(3) In this section: persons means persons any of whose terms and conditions are governed by: (a) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (b) an old IR agreement within the meaning of the Workplace Relations Regulations , regulation 2.’. (7) Division 3— omit . (8) Section 170MB— insert — ‘(2A) If: (a) an employer that is a Commonwealth-law employer within the meaning of subsection (2B) is bound by an agreement that, under this Act in its operation as a law of the Commonwealth, is a certified agreement ( the certified agreement ); and (b) the application for certification for the certified agreement stated that it was made under Division 2 of Part VIB in its operation as a law of the Commonwealth; and Page 18 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 4 Certified agreements [s 11] (c) at a later time, a new employer that is not a Commonwealth-law employer within the meaning of subsection (2B) becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned; then from the later time: (d) the new employer is bound by the certified agreement, to the extent that it relates to the whole or part of the business, as if: (i) that agreement had been certified under Division 4; and (ii) the new employer became bound by that agreement under subsection (2); and (e) the previous employer is not bound by that agreement, to the extent that it relates to the whole or part of the business; and (f) a reference in this Part to the employer includes a reference to the new employer, and does not include the previous employer, to the extent that the context relates to the whole or part of the business. ‘(2B) For subsection (2A), an employer is a Commonwealth-law employer if the employer: (a) is a constitutional corporation; or (b) is the Commonwealth; or (c) carries on a single business or part of a single business in a Territory; or (d) is a waterside employer who employs waterside workers in a single business or part of a single business of the employer; or (e) employs maritime employees in a single business or part of a single business of the employer; or (f) is a flight crew officer’s employer who employs flight crew officers in a single business or part of a single business of the employer.’. Reprint 3 effective 4 April 2011 Page 19

Industrial Relations Regulation 2000 Part 6 Authorised industrial officers [s 16] Part 6 Authorised industrial officers 16 Application for issue of an authority—Act, s 364 For section 364(4)(a) of the Act, an application for an authority must— (a) be made in the form provided for in the rules of court; and (b) state whether the person to be authorised is an officer, or employee, of the organisation; and (c) be signed by the applicant’s president and secretary; and (d) be accompanied by— (i) the fee provided for in the rules of court; and (ii) 2 passport size (4.5cm x 3.5cm) photographs, each signed on the reverse side by the person; and (iii) 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person. Part 7 Overpaid wages 17 Recovering overpaid wages—Act, s 396 The amount prescribed for section 396(4) of the Act is 3 / 4 of the wages payable for the pay period. Page 20 Reprint 3 effective 4 April 2011

Part 7A Industrial Relations Regulation 2000 Part 7A Fees charged by private employment agents [s 17A] Fees charged by private employment agents 17A Particulars for written notice—Act, s 408D(2)(a) (1) For section 408D(2)(a) of the Act, the following particulars are prescribed— (a) the name of the person for whom the work is to be undertaken; (b) the address of the place of work; (c) the particulars of the work; Examples — • for modelling work—modelling clothing • for a performer—live theatre (d) the period of the work; (e) the gross amount payable to the model or performer by the person for whom the work is to be undertaken; (f) an itemised list of the fees, charges, or expenses payable to the agent by the model or performer; (g) the net amount the model or performer is to receive after payment of the agent’s fees, charges, or expenses; (h) if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment. (2) In this section— industrial instrument includes an award or agreement made under the Commonwealth Act. 17B Prescribed percentage of gross amount payable to model or performer—Act, s 408D(2)(b) For section 408D(2)(b) of the Act, the percentage of the gross amount payable to a model or performer for the work Reprint 3 effective 4 April 2011 Page 21

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 17C] mentioned in column 1 of schedule 7 is stated in column 2 of the schedule. 17C Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 408D(2)(b) For section 408D(2)(b) of the Act, the following allowances or payments are prescribed— (a) travelling and meal allowance; (b) holiday pay; (c) long service leave payments; (d) superannuation payments; (e) overtime or penalty payments paid on an irregular basis; Example of an irregular basis — A model or performer may occasionally work overtime during the period of the work. (f) payments for rehearsals. Part 8 Application to industrial tribunal under chapter 12 of the Act Division 1 Definition 18 Definition for pt 8 In this part— industrial tribunal means the court, commission or registrar. Page 22 Reprint 3 effective 4 April 2011

Division 2 Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 19] Applications, and service and publication of process 19 Applications to industrial tribunal (1) An application to an industrial tribunal under chapter 12 of the Act must— (a) be filed in the registry; and (b) be in the form provided for in the rules of court; and (c) state the facts and issues the applicant relies on to support the application. (2) However, subsection (1)(c) does not apply to an application to which section 501 of the Act applies. (3) If an applicant to an industrial tribunal under chapter 12 of the Actis not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application. 20 Applications for registration, change of list of callings or amendment of name or eligibility rules (1) This section applies to an application for— (a) registration as an organisation; or (b) change of list of callings; or (c) amendment of the name of an organisation, other than an application mentioned in section 472 of the Act; or (d) amendment of eligibility rules of an organisation. (2) The applicant may file a statement supporting the application when the application is filed. (3) The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed— (a) in a newspaper circulating throughout the State; and Reprint 3 effective 4 April 2011 Page 23

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 21] (b) if the registrar considers it appropriate— (i) in another newspaper or publication; or (ii) on the QIRC website. (4) The applicant must, within 7 days of publication of the notice— (a) serve a copy of the notice on each organisation whose callings— (i) include the callings of the applicant’s members; or (ii) relate to the applicant’s eligibility rules; and (b) file in the registry a copy of the relevant section of any newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication. (5) The application must be dealt with, as far as is practicable, in the order in which it was filed. (6) Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary. 21 Certain applications must state grounds on which they are made An application for any of the following must state the grounds on which it is made— (a) an exemption under chapter 12, part 13 of the Act; (b) cancellation of an exemption under section 602 of the Act; (c) a deregistration order; (d) an approval under section 447 of the Act. Page 24 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 22] 22 Application for exemption under Act, s 580 (1) This section applies to an application for an exemption under section 580 of the Act from holding an election for a stated office. (2) The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application. (3) An applicant may give the notice by including it in a publication that it gives to its members free of charge. (4) The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with. 23 How making of resolution is to be notified for Act, s 595(1)(b) For section 595(1)(b) of the Act, a member of the organisation or branch is notified of the making of the resolution if— (a) the member is given a copy of the resolution; or (b) for an organisation or branch that gives its members a publication free of charge—a notice of the making of the resolution is included in the publication. 24 Publishing notice for Act, s 596 (1) For section 596 of the Act, a notice stating details of the application must be published in— (a) a newspaper circulating generally throughout the State; and (b) any other newspaper or publication the registrar considers appropriate. (2) The notice must be published within 21 days after the application is filed in the registry. Reprint 3 effective 4 April 2011 Page 25

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 25] 25 Signing or sealing application for deregistration order under Act, s 639 If an application under section 639 of the Act for a deregistration order is made by an organisation, the application must be— (a) under the organisation’s seal; or (b) signed by 2 of the organisation’s officers authorised to sign the application. 26 Application by registrar for deregistration order for defunct organisation (1) This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 639(4) of the Act. (2) The registrar must make appropriate inquiries by letters sent to the— (a) organisation’s registered office; and (b) members of the organisation’s management committee last known to the registrar at their residential addresses last known to the registrar. (3) If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating that— (a) the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and (b) a person who wants to show cause why the deregistration should not be made may file an objection notice, in the form provided for in the rules of court, in the registry within 35 days of the publication. (4) If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of any objection notice filed. Page 26 Reprint 3 effective 4 April 2011

Division 3 Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 27] Objections 27 Who may object—Act, s 654 (1) A person with an appropriate interest in the following kinds of applications may object to the application— (a) an application for amendment of name other than an application mentioned in section 472 of the Act; (b) an application for amendment of eligibility rules; (c) an application for a change of list of callings. (2) A member of an organisation that has applied for an exemption from holding an election under section 580 of the Act may object to the application. (3) A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 594 of the Act may object to the application. (4) A person with an appropriate interest in an application by the registrar for a deregistration order under section 639(4) of the Act may object to the application. (5) A person who may object to an application may give notice of an objection to the commission. 28 Notice of objection (1) This section applies to a notice of objection under— (a) section 418(1)(b) of the Act; and (b) section 27(5). (2) The notice must— (a) be in the form provided for in the rules of court; and (b) state the grounds on which the objection is made; and Reprint 3 effective 4 April 2011 Page 27

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 29] (c) be filed in the registry within 35 days after the publication of the notice of the application to which the objection relates; and (d) be accompanied by a statement of the facts and issues the objector relies on in support of the objection. (3) A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice. (4) On application, the relevant industrial tribunal may grant leave to extend the period for filing an objection notice. 29 Answering objections—Act, s 654 (1) The applicant may file a written response to an objection in the registry within 14 days after the notice is served on the applicant. (2) The response must be accompanied by a statement of the facts and issues relied on in support of the response. (3) The applicant must serve a copy of the response on the person who objected within 7 days after filing the response. Division 4 Notice of hearing and hearing 30 Hearing application and objections—Act, s 654 (1) This section applies to an application under chapter 12 of the Act other than— (a) an application under section 472 of the Act; or (b) an application for an election inquiry under section 500 of the Act. (2) The industrial tribunal that is to hear the application must— (a) fix a time and place to hear the application and any objections; and Page 28 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 8 Application to industrial tribunal under chapter 12 of the Act[s 31] (b) give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 654 of the Act. 31 Notice of hearing (1) This section applies to a hearing for— (a) cancellation of an exemption under section 602 of the Act; and (b) cancellation of an approval under section 450 of the Act; and (c) amendment of rules under chapter 12, part 6, division 1 of the Act; and (d) a deregistration order under section 639(3) of the Act. (2) A notice under section 30(2)(b) of the time and place of the hearing must also state the following information— (a) if section 466 or 639(3)(b) of the Act applies—the demarcation dispute undertaking to which the hearing relates; (b) the reasons for the proposed cancellation, amendment or deregistration order; Example of reasons for paragraph (b) — If the registrar considers an organisation’s rules contravene the Act, how the rules contravene the Act. (c) any proposed amendments to the organisation’s rules; (d) that the organisation may make oral or written submissions to show why— (i) the exemption or approval should not be cancelled; or (ii) the rules should not be amended; or (iii) the deregistration order should not be made; (e) the person to whom the notice is given may file a written submission within a stated time. Reprint 3 effective 4 April 2011 Page 29

Industrial Relations Regulation 2000 Part 9 Rules generally [s 32] 32 Opportunity to make written submissions Giving a person an opportunity to be heard under section 654 of the Act includes giving the person an opportunity to make written submissions within a time decided by the tribunal. 33 Grounds objector may rely on (1) An objector may rely only on the grounds stated in the objection notice. (2) However, the tribunal may allow the objector to rely on another ground if— (a) the objector gives adequate reasons for doing so; and (b) the applicant is given an opportunity to be heard. Part 9 Rules generally 34 Cost of copy of rules—Act, s 428 The amount for section 428(2) of the Act is $5.00. Part 10 Model election rules 35 Model election rules—Act, s 454 The model election rules are in schedule 3. Page 30 Reprint 3 effective 4 April 2011

Part 11 Industrial Relations Regulation 2000 Part 11 Conduct of elections by organisation or branch [s 36] Conduct of elections by organisation or branch 36 Prescribed information for elections—Act, s 481 (1) For section 481(1) of the Act, the following information is prescribed— (a) the name of each office for which an election is required; (b) whether the election is because— (i) the term of the office has ended; or (ii) there is a casual vacancy in the office; or (iii) of a new office created under the organisation’s or branch’s rules; (c) the number of offices for election; (d) the membership figures, if any, used to calculate the number of offices if— (i) more than 1 office for which an election is required has the same name; and (ii) the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4); (e) if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division; (f) the day and time of the start and end of the term for each office for which an election is required; (g) whether the organisation or branch has adopted the model election rules without change; (h) if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes— Reprint 3 effective 4 April 2011 Page 31

Industrial Relations Regulation 2000 Part 11 Conduct of elections by organisation or branch [s 37] (i) whether the voting system for the election is a direct voting system or a collegiate electoral system; and (ii) how the organisation’s or branch’s rules require the result of the election to be decided. (2) The information under subsection (1)(h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information. (3) The prescribed information must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 481(1) of the Act. (4) For section 481(2) of the Act, the prescribed day is the day 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules. 37 Prescribed particulars for election or ballot result reports—s 121 and Act, ss 488 and 600 (1) This section— (a) sets out the particulars for section 121; and (b) prescribes the particulars for an election result report under section 488 or 600 of the Act. (2) The particulars are as follows— (a) how many ballot papers were printed; (b) how many eligible members were on the roll for the election or ballot, including a supplementary roll; (c) how many ballot papers were given; (d) how many duplicate ballot papers were given; (e) how many ballot papers were not given; (f) how many ballot papers were returned other than as unclaimed mail; Page 32 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 11 Conduct of elections by organisation or branch [s 37] (g) how many ballot papers were returned as unclaimed mail; (h) how many ballot papers were not returned; (i) how many votes were informal; (j) how many votes were rejected for a reason other than being informal and the reason for each rejection; Examples of reasons for rejection — For a postal vote, the voter’s voting declaration was— (a) not filled in or signed; or (b) not put in the return envelope; or (c) taken from the return envelope before the manager of the ballot received the return envelope. (k) how many ballot papers were counted; (l) the percentage of voters who voted; (m) how many formal votes were— (i) for an election—for each candidate; or (ii) for a proposed amalgamation or withdrawal—for and against the proposal; (n) if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences; (o) if the report is a ballot result report under section 121 and votes about an alternative amalgamation were counted under section 117(2)— (i) the number of votes for and against the alternative amalgamation; and (ii) the number of votes that were informal. Reprint 3 effective 4 April 2011 Page 33

Industrial Relations Regulation 2000 Part 11 Conduct of elections by organisation or branch [s 38] 38 Declaration of election or ballot result (1) The manager of an election or ballot must— (a) make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and (b) within 1 day of making the declaration, give a copy of it to— (i) the organisation, branch, or constituent part that the election or ballot was about; and (ii) for an election—each candidate. (2) The declaration may be countersigned by a scrutineer. 39 Copies of result reports to be given The manager of an election or ballot must, within 1 day of the giving of the report for the election under section 488 or 600 of the Act or the ballot under section 121, give a copy of the report to— (a) the organisation, branch, or constituent part that the election or ballot was about; and (b) for an election—each candidate who asks the manager for a copy of the report. 40 Voters may ask for information about election or ballot (1) A voter may ask a manager of an election or ballot to give stated information that— (a) may allow the voter to find out whether there has been an irregularity for the election or ballot; and (b) is in the manager’s knowledge. Examples of information a voter may ask for — • whether ballot papers were posted on the same day • if all material required to be given to voters for a ballot was given Page 34 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 11 Conduct of elections by organisation or branch [s 41] (2) The manager must give the information to the voter. Maximum penalty—20 penalty units. (3) However, subsection (2) does not make an electoral officer liable for an offence. 41 Unauthorised action in conducting election or ballot A person, other than the manager of an election or ballot, must not do, or purport to do, an act in the conduct of the ballot unless authorised by the manager. Maximum penalty—20 penalty units. 42 Ballot security (1) The manager of an election or ballot must ensure each ballot paper for the election— (a) has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and (b) is of paper that will hide a vote marked on it from view when it is folded once. Maximum penalty—20 penalty units. (2) However, subsection (1) does not make an electoral officer liable for an offence. Reprint 3 effective 4 April 2011 Page 35

Industrial Relations Regulation 2000 Part 12 Accounts and audit [s 43] Part 12 Accounts and audit Division 1 Accounting obligations 43 Accounting records—Act, s 554(2) (1) For section 554(2) of the Act, an organisation’s accounting records— (a) must be prepared in accordance with Australian Accounting Standards; and (b) must be kept for each of its financial years— (i) on an accrual basis; or (ii) on a cash basis; or (iii) on a cash basis for entrance fees and membership contributions and on an accrual basis for all other accounting records. (2) In subsection (1)— accrual basis has the meaning given in Australian Accounting Standards. cash basis has the meaning given in Australian Accounting Standards. 44 Prescribed accounts—Act, s 555(1) (1) For section 555(1) of the Act, each of the accounts stated in schedule 4 is prescribed. (2) The accounts must be prepared in accordance with Australian Accounting Standards. Page 36 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 12 Accounts and audit [s 45] 45 Certificates to be given in accounts (1) An organisation’s accounts for each financial year must contain a certificate by— (a) for the matters in schedule 5, part 1—the organisation’s officer responsible for keeping its accounting records; and (b) for the matters in schedule 5, part 2—the organisation’s management committee. (2) A management committee’s certificate must be— (a) given under a management committee resolution; and (b) signed for the committee by 2 of its members. (3) A management committee’s certificate about a matter mentioned in schedule 5, section 12 is inadmissible in evidence in proceedings against the organisation under sections 565 and 566 of the Act. 46 How to apply for information—Act, s 556 An application to an organisation for prescribed information under section 556 of the Act must— (a) be addressed to the organisation’s secretary; and (b) be delivered by hand at, or sent by prepaid post to, the organisation’s registered office; and (c) state the information applied for. 47 Information that must be supplied on application by member—Act, s 556 (1) For section 556(1) of the Act, an organisation must give to its members the information stated in schedule 6 about the organisation’s last financial year for which accounts were prepared. Reprint 3 effective 4 April 2011 Page 37

Industrial Relations Regulation 2000 Part 12 Accounts and audit [s 48] (2) The information must be in a signed notice by the organisation’s secretary given— (a) if the registrar applied for the information—by hand delivery or prepaid post to the registry office; or (b) if a member applied for the information and stated the member’s address—by prepaid post to the member at the address; or (c) if a member applied for the information and did not state the member’s address—by leaving it for collection by the member at the organisation’s registered office. (3) The information must be given within— (a) 6 weeks after the application is received if— (i) a member of the organisation applied for the information; and (ii) the organisation’s secretary applies to the registrar; and (iii) the registrar certifies the registrar is satisfied it was or is impracticable for the organisation to give the information within 28 days after the application is received for reasons beyond its control; (b) otherwise—28 days after the application is received. 48 Member asking registrar to apply for information If a person asks the registrar to apply for information from an organisation under section 556(2) of the Act, the registrar may require the person to give evidence the person is a member of the organisation. 49 Management committee must report insolvency to members (1) This section applies if an organisation’s accounts show the organisation is, or is likely to become, insolvent. Page 38 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 12 Accounts and audit [s 50] (2) The organisation’s secretary, or the officer responsible for keeping the organisation’s accounting records, must notify each of the organisation’s members within 14 days that the organisation’s accounts show it is, or is likely to become, insolvent. Maximum penalty—20 penalty units. (3) Each member of the organisation’s management committee must take reasonable steps to ensure the secretary, or officer responsible for keeping the organisation’s accounting records, complies with subsection (2). Maximum penalty—20 penalty units. (4) In this section— insolvent means the organisation is unable to pay all its debts as and when they become due and payable. Division 2 Investigations 50 Circumstances in which registrar may conduct other investigations—Act, s 571(2)(b) For section 571(2)(b) of the Act, the prescribed circumstances are as follows— (a) the organisation’s auditor notifies the registrar under section 562 of the Act and the registrar considers the matter should be investigated; (b) an officer or member of the organisation has complained about a matter to the registrar and the registrar, after consulting the organisation, considers there are reasonable grounds to investigate the matter. Reprint 3 effective 4 April 2011 Page 39

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 51] Part 13 Amalgamations and withdrawals Division 1 Federations 51 Application for recognition as federation (1) Existing organisations may jointly apply to the commission for recognition as a federation. (2) The application must— (a) be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and (b) include the following particulars— (i) the proposed federation’s name; (ii) its constituent organisations’ names; (iii) its address for service; (iv) its proposed officers’ names; and (c) be accompanied by a copy of— (i) the proposed federation’s rules; or (ii) the agreement about the proposed federation’s functions and powers. (3) The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation. (4) If the application is allowed, the registrar must enter the following particulars in the register kept under section 426(1)(a) of the Act— (a) the federation’s name; (b) its constituent organisations’ names. Page 40 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 52] 52 Representation by federation (1) After it is registered, a federation may represent its constituent organisations and the members of its constituent organisations under the Act. (2) However— (a) an organisation belonging to a federation may still represent itself or its members; and (b) a federation may not become a party to an industrial instrument. 53 Amendment of federation’s composition (1) A federation may, with the commission’s approval, amend its composition— (a) if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or (b) to release an organisation from the federation. (2) If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 426(1)(a) of the Act. 54 When federation ends A federation ends— (a) on the amalgamation day for the proposed amalgamation; or (b) if a ballot application for the proposed amalgamation is not made within the period of 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or (c) if, on an application by the Minister or by a person or organisation the full bench considers has an appropriate interest, a full bench decides the achievement of an object of this Act is being prevented by the industrial Reprint 3 effective 4 April 2011 Page 41

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 55] conduct of the federation or any of its constituent organisations—on the day the decision is made. 55 Change in particulars, rules or agreement for federation (1) A federation must file a statement in the registry if there is a change in— (a) a particular mentioned in section 51(2)(b); or (b) the federation’s rules; or (c) the agreement about the federation’s functions and powers. Maximum penalty—20 penalty units. (2) The statement must— (a) be filed within 28 days after the change; and (b) state full particulars of the change. (3) Subsection (1) does not apply if the federation has a reasonable excuse. Division 2 Community of interest declaration 56 Community of interest declaration for amalgamation (1) Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. (2) The application must— (a) state the grounds on which it is made; and (b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and (c) be signed by the president or secretary of each joint applicant; and Page 42 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 56] (d) be accompanied by a copy of each resolution for the proposed amalgamation under section 59(4), signed by the president or secretary of the applicant whose management committee passed it; and (e) be filed in the registry before or with the ballot application for the proposed amalgamation. (3) Service of a document on the person nominated for subsection (2)(b) is taken to be service on each of the applicants. (4) If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. (5) If, after a hearing under this section or section 82, the commission is satisfied there is a community of interest between the existing organisations about their industrial interests, it must make a declaration to that effect. (6) There is a community of interest between existing organisations about their industrial interests if— (a) a substantial number of members of 1 of the organisations are— (i) eligible to become members of the other organisation or each of the other organisations; or (ii) engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or (iii) bound by the same industrial instruments as other members; or (iv) for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or (b) the commission is otherwise satisfied there is a community of interest. Reprint 3 effective 4 April 2011 Page 43

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 57] 57 End of declaration (1) A community of interest declaration ends if— (a) the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and (b) a ballot application for the proposed amalgamation is not filed within 6 months after the declaration. (2) The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about their industrial interests. Division 3 Acting for constituent part 58 Who may act for constituent part Anything that must or may be done under this part by a constituent part must or may be done by— (a) a management committee of the constituent part; or (b) if there is no management committee of the constituent part—the representative constituent member. Division 4 Amalgamation and withdrawal schemes 59 Management committee approval (1) A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about. (2) A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw. Page 44 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 60] (3) An approval under subsection (1) may be given only by the organisation’s management committee. (4) The management committee’s approval must be by resolution. (5) Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution— (a) a scheme; (b) a scheme amendment; (c) any proposed amendment of its rules in a scheme. 60 Amalgamation or withdrawal scheme (1) The scheme for a proposed amalgamation must state the following— (a) the general nature of the amalgamation, showing— (i) the existing organisations; and (ii) if an existing organisation is the proposed amalgamated organisation—that fact; and (iii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and (iv) the organisations that are proposed to be deregistered; (b) that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation; (c) if it is proposed to change an existing organisation’s name—particulars of the proposed change; (d) if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments; Reprint 3 effective 4 April 2011 Page 45

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 61] (e) if an association is proposed to be registered as an organisation—its eligibility and other rules; (f) the arrangements that will exist on amalgamation in relation to the property of the proposed deregistering organisations; (g) the arrangements that will exist on amalgamation in relation to the liabilities of the proposed deregistering organisations. (2) The scheme for a proposed withdrawal must state the following— (a) the general nature of the withdrawal, showing— (i) the amalgamated organisation; and (ii) the name and rules of the proposed newly registered organisation; (b) that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation. (3) Subsections (1) and (2) do not limit the matters stated in a scheme. 61 Alternative schemes for amalgamation (1) A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations. (2) Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about. (3) Each alternative scheme must show details of the differences between— (a) the proposed amalgamation and each proposed alternative amalgamation; and Page 46 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 62] (b) a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under— (i) the proposed amalgamation; and (ii) each proposed alternative amalgamation. 62 Amending schemes (1) The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme. (2) The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. (3) The permission may— (a) for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees— (i) as far as the amendment affects the proposed amalgamated organisation or its rules; and (ii) despite the proposed amalgamated organisation’s rules; and (b) for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and (c) for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part— (i) as far as the amendment affects the proposed newly registered organisation or its rules; and (ii) despite the proposed newly registered organisation’s rules; and Reprint 3 effective 4 April 2011 Page 47

Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 63] (d) provide for procedures that, despite an organisation’s rules may or must be followed by a management committee or a constituent part; and (e) be given on conditions stated by the commission. (4) If the commission gives the permission on conditions and the conditions are contravened, the commission may— (a) amend the scheme; or (b) give directions or make orders about— (i) holding the ballot; or (ii) procedures for the amalgamation or withdrawal. (5) Subsection (4) does not limit the commission’s other powers. (6) If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment. 63 Scheme outlines (1) A scheme outline must have no more than 3000 words, unless the commission approves otherwise. (2) The outline may, if the commission approves, include things other than words including, for example, diagrams, illustrations, and photographs. (3) The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline. (4) The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline. (5) The commission may amend the outline to— (a) correct factual errors; or (b) ensure it complies with the Act. Page 48 Reprint 3 effective 4 April 2011

Division 5 Industrial Relations Regulation 2000 Part 13 Amalgamations and withdrawals [s 64] Applications about ballots 64 Application to submit proposed amalgamation to a ballot (1) An application may be made to the commission for an amalgamation ballot. (2) The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation. (3) The ballot application must— (a) be accompanied by— (i) a copy of the scheme for the proposed amalgamation; and (ii) a written scheme outline; and (b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and (c) be signed by the president or secretary of each joint applicant; and (d) be accompanied by a copy of each resolution for the proposed amalgamation under section 59, signed by the president or secretary of the existing organisation whose management committee passed it; and (e) be accompanied by an affidavit by a member of each existing organisation’s management committee stating that subsection (5)(b) has been complied with. (4) Service of a document on the applicant nominated under subsection (3)(b) is taken to be service on each of the applicants. (5) An application may be made only if each existing organisation’s management committee has— (a) resolved to make the application; and Reprint 3 effective 4 April 2011 Page 49

Industrial Relations Regulation 2000 Schedule 4 (b) the particulars stated in— (i) for the organisation’s assets at the end of the year—sections 35 to 45; or (ii) for the organisation’s liabilities at the end of the year—sections 46 to 52; and (c) if section 34 applies—the information or explanation under section 34(3). 34 Value of non-current assets must not be misleading (1) This section applies if— (a) in working out the value of an organisation’s non-current assets, the value of a non-current asset was calculated at more than its market value; and (b) the organisation’s assets and liabilities account does not adequately provide for writing down the asset’s value. (2) An asset is calculated at more than market value if, having regard to the asset’s value to the organisation as a going concern, the calculation is more than the amount that it would have been reasonable for the organisation to spend to acquire the asset as at the end of the financial year. (3) The account must include information, or an explanation, that prevents the account from being misleading because of the calculation at more than market value. Division 2 Particulars of assets 35 Value of current assets (1) The value of the organisation’s current assets. (2) For current assets, any difference between the assets’ current book value and the amount that is expected to be realised on current realisation of the assets. Reprint 3 effective 4 April 2011 Page 127

Industrial Relations Regulation 2000 Schedule 4 36 Cash in hand The amount of the organisation’s cash in hand. 37 Cash at financial institutions The amount of the organisation’s cash at financial institutions. 38 Prepayments The amount of the organisation’s prepayments. 39 Accounts and loans receivable The organisation’s accounts, and loans, receivable. 40 Public investments The book value of the organisation’s public investments. 41 Non-public investments The book value of the organisation’s investments, other than public investments. 42 Non-current assets The book value of each of the organisation’s— (a) non-current assets, other than land; and (b) land. Note — Under the Acts Interpretation Act 1954 , section 36, definition land , land includes any interest in land. 43 Investments from special accounts If the organisation invested the whole or part of a special account in assets, the total book value of the assets. Page 128 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 4 44 Other account balances The total of the balances of the organisation’s accounts required to be operated under its rules, other than the general account or a special account. 45 General account balance The balance of the general account. Division 3 Particulars of liabilities 46 Current and non-current liabilities The organisation’s current and non-current liabilities. 47 Rent payable Rent payable by the organisation but not yet paid. 48 Accounts payable other than for rent The organisation’s accounts payable other than for rent. 49 Loans payable The loans payable by the organisation. 50 Provision for long service leave entitlements The amount the organisation has provided for its employees’ and officers’ long service leave entitlements. 51 Provision for annual leave entitlements The amount the organisation has provided for its employees’ and officers’ annual leave entitlements. Reprint 3 effective 4 April 2011 Page 129

Industrial Relations Regulation 2000 Schedule 4 52 Provision for superannuation or retirement benefits The amount the organisation held to provide for its employees’ and officers’ superannuation or retirement benefits. Part 3 Notes to accounts 53 Notes (1) An organisation must include with accounts prepared under parts 1 and 2 notes to the accounts that explain the methods by which the accounts have been prepared. (2) The notes must include— (a) significant policies adopted in the preparation of the accounts; and (b) the method by which the book value of an asset or liability was determined. 54 Amounts to be included with notes An organisation must include with the notes— (a) the amount of any difference between the book value of an organisation’s non-current assets and the amount that is expected to be realised on current realisation of the asset; and (b) the total amount of the organisation’s contingent liabilities that are able to be reliably estimated, other than a liability mentioned in part 2, division 3; and (c) the amount of the contingent liabilities that were— (i) secured by the organisation’s assets; and (ii) unsecured. Page 130 Reprint 3 effective 4 April 2011

Schedule 5 Industrial Relations Regulation 2000 Schedule 5 Matters for account certificates section 45 Part 1 Accounting officer’s certificates 1 Number of members (1) How many members the organisation had at the end of the year. (2) How many of the members were— (a) financial; and (b) not financial. (3) In subsection (2)— financial means the member who has paid all subscriptions, dues, or other money for membership or membership renewal of the organisation. 2 Financial affairs Whether the officer considers the accounts show a true and fair view of an organisation’s financial affairs at the end of the year. 3 Members’ payments Whether the officer considers— (a) a record was kept of all amounts paid by, or collected from, the organisation’s members; and (b) all amounts so paid or collected have been credited to a financial institution account to which the amounts must be credited under the organisation’s rules. Reprint 3 effective 4 April 2011 Page 131

Industrial Relations Regulation 2000 Schedule 5 4 Approval for expenditures Whether the officer considers each expenditure by the organisation, was approved under the organisation’s rules before it was incurred. 5 Payments from special accounts If the organisation kept a special account, whether the officer considers— (a) any payment was made from a special account of the organisation other than for the purpose for which the account was operated; and (b) if a payment was so made, it was approved under the organisation’s rules. 6 Loans and financial benefits Whether the officer considers all loans or other financial benefits the organisation gave to its employees or officers were allowed under the organisation’s rules. 7 Members register Whether the officer considers the organisation’s members register was kept under the Act. Part 2 Management committee certificates 8 Financial affairs Whether the management committee considers the accounts show a true and fair view of the organisation’s financial affairs at the end of the year. Page 132 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 5 9 Organisation’s solvency (1) Whether the committee considers the organisation was solvent during— (a) the whole of the year; or (b) only part of the year. (2) If the organisation was solvent for only part of the year, what part of the year. (3) In this section— solvent means the organisation is able to pay its debts as and when they become due and payable. 10 Management committee meetings Whether the committee considers the management committee’s meetings were held under the organisation’s rules. 11 Whether records have not been given under Act or rules (1) Whether a committee member knows if any of the organisation’s records or rules, or copies of them, have not been given to the organisation’s members as required by the Act, this regulation or the rules. (2) In this section— record does not include a document containing information given to a member of the organisation under section 556 of the Act. 12 Audit report and accounts for the last financial year Whether the audit report and relevant accounts for the organisation’s financial year immediately before the year the accounts are about have been— (a) presented to a presentation meeting of the organisation under section 565 of the Act; and (b) given to its members under section 566 of the Act. Reprint 3 effective 4 April 2011 Page 133

Industrial Relations Regulation 2000 Schedule 6 Schedule 6 Prescribed information for previous financial year—Act, section 556 section 47 1 Donations or grants to organisation If a donation or grant of more than $1000 was given to the organisation— (a) the amount of the donation or grant; and (b) if it was made for a stated purpose—the purpose. 2 Donations or grants by organisation If a donation or grant totalling more than $1000 was made by the organisation— (a) the amount of the donation or grant; and (b) its purpose; and (c) if it was not a donation or grant under section 431 of the Act—the name and address of the person the donation or grant was made to. 3 Officer’s remuneration The remuneration paid to an officer of the organisation. 4 Profit or loss on sale or revalue If an asset of the organisation was sold or revalued and the outcome of the sale or revaluation was a profit or loss to the organisation of more than $1000— (a) a description of the asset; and Page 134 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 6 (b) if the asset was revalued—the reason for the revaluation; and (c) the amount of the profit or loss. 5 Loans by organisation If the organisation made a loan of more than $1000— (a) the amount of the loan; and (b) the purpose of the loan; and (c) the security given for the loan; and (d) if the loan was not a loan under section 431 of the Act— (i) the borrower’s name and address; and (ii) the repayment arrangements for the loan. 6 Loans to organisation If the organisation received a loan of more than $10000— (a) the amount of the loan; and (b) the purpose of the loan; and (c) the security given for the loan; and (d) the lender’s name and address; and (e) the repayment arrangements for the loan. 7 Non-public investments (1) The amount the organisation invested during the year, other than in public investments. (2) If the organisation held an investment, other than a public investment, at the end of the year whose book value was then more than the prescribed amount— (a) a description of the investment; and (b) the book value of the investment at the end of the year; and Reprint 3 effective 4 April 2011 Page 135

Industrial Relations Regulation 2000 Schedule 6 (c) if the organisation stated a market value for the investment at the end of the year in its accounts or accounting records for the year—the stated value. (3) In this section— prescribed amount means the larger of— (a) $1000; or (b) 20% of the total book value of the organisation’s investments other than public investments. 8 Contingent liabilities If the organisation had a contingent liability at the end of the year that had then been calculated by the end of the year and was more than 5% of the net value of the organisation’s assets— (a) the amount of the liability; and (b) a description of the liability. Page 136 Reprint 3 effective 4 April 2011

Schedule 7 Industrial Relations Regulation 2000 Schedule 7 Percentage of gross amount payable to model or performer section 17B Column 1 Work Column 2 Percentage of gross amount payable 1 All work, other than work mentioned in item 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10% 2 For work involving live theatre, a live musical or a live variety performance but not involving film, television or electronic media, for any period after 5 weeks . . . . . . . . . . . . . 5% Reprint 3 effective 4 April 2011 Page 137

Industrial Relations Regulation 2000 Schedule 7A Schedule 7A Employers declared not to be national system employers section 148 Part 1 Employers mentioned in the Commonwealth Act, section 14(2)(a)(i) 1 Australian Agricultural College Corporation established under the Agricultural College Act 2005 2 Library Board of Queensland established under the Libraries Act 1988 3 Queensland Art Gallery Board of Trustees established under the Queensland Art Gallery Act 1987 4 Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991 5 Queensland Museum Board of Trustees established under the Queensland Museum Act 1970 6 Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 7 Skills Queensland established under the Vocational Education, Training and Employment Act 2000 8 South Bank Corporation established under the South Bank Corporation Act 1989 Page 138 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 7A 9 Stadiums Queensland established under the Major Sports Facilities Act 2001 10 Tourism Queensland established under the Tourism Queensland Act 1979 11 WorkCover Queensland established under the Workers’ Compensation Rehabilitation Act 2003 and Part 2 Employers mentioned in the Commonwealth Act, section 14(2)(a)(ii) 1 Brisbane City Council Superannuation Plan (City Super) ABN 32 864 248 795 established under the CityofBrisbaneAct1924 for a local government purpose Editor’s note — City of Brisbane Act 1924 —see the City of Brisbane Act 2010 , section 262. 2 Local Government Superannuation Scheme ABN 23 053 121 564 established under the Local Government Act 1993 for a local government purpose Editor’s note — LocalGovernmentAct1993 —see the LocalGovernmentAct2009 , section 282. 3 Wide Bay Water Corporation ABN 98 380 729 010 established under the Local Government Act 1993 for a local government purpose Reprint 3 effective 4 April 2011 Page 139

Industrial Relations Regulation 2000 Schedule 7A Editor’s note — LocalGovernmentAct1993 —see the LocalGovernmentAct2009 , section 282. Part 3 Employers mentioned in the Commonwealth Act, section 14(2)(a)(iii) Entity Relevant local government The trustee for Boonah and District Scenic Rim Regional Council Art Gallery and Library Trust Gift Fund (trading as Boonah and District Art Gallery and Library Trust Gift Fund) ABN 92 719 264 297 The trustee for the Boonah District Scenic Rim Regional Council Performing Arts Centre (trading as Boonah and District Performing Arts Centre Trust) ABN 35 930 584 358 Brisbane Arts Trust (trading as Brisbane City Council Brisbane Arts Trust) ABN 30 749 675 075 Brisbane Marketing Pty Ltd ACN 094 Brisbane City Council 633 262 and ABN 86 094 633 262 Brisbane Powerhouse Pty Ltd (trading Brisbane City Council as Brisbane Powerhouse) ACN 091 551 290 and ABN 18 091 551 290 Burdekin Cultural Complex Board Inc. Burdekin Shire Council (trading as Burdekin Cultural Complex Board Inc.) ABN 38 161 809 872 Cairns Regional Gallery Limited Cairns Regional Council ACN 062 537 259 and ABN 45 062 537 259 Page 140 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 7A Entity Relevant local government The trustee for the Cairns Regional Gallery Arts Trust (trading as Cairns Regional Gallery Foundation Ltd) ABN 42 114 461 772 Cairns Regional Council Caloundra City Enterprises Pty Ltd Sunshine Coast Regional Council ACN 127 655 136 and ABN 39 127 655 136 Central Queensland Local Banana Shire Council, Central Government Association Inc. ABN 34 Highlands Regional Council, 593 816 745 Gladstone Regional Council, Isaac Regional Council and Rockhampton Regional Council Central Western Queensland Remote Area Planning and Development Board (trading as Central Western Queensland Remote Area Planning and Development Board) ACN 057 968 653 and ABN 76 057 968 653 Barcaldine Regional Council, Barcoo Shire Council, Blackall-Tambo Regional Council, Boulia Shire Council, Diamantina Shire Council, Longreach Regional Council and Winton Shire Council CITIPAC International Pty Ltd ACN 011 028 649 Gold Coast City Council City of Brisbane Arts and Environment Ltd (trading as City of Brisbane Arts and Environment Limited) ACN 084 763 253 and ABN 47 084 763 253 Brisbane City Council City of Brisbane Investment Brisbane City Council Corporation Pty Ltd ACN 066 022 455 and ABN 95 066 022 455 Council of Mayors (SEQ) (trading as Brisbane City, Gold Coast City, Council of Mayors (SEQ), and other Logan City, Lockyer Valley names) ABN 64 998 531 528 Regional, Redland City, Scenic Rim Regional, Somerset Regional, Sunshine Coast Regional and Toowoomba Regional Councils Reprint 3 effective 4 April 2011 Page 141

Industrial Relations Regulation 2000 Schedule 7A Entity Relevant local government Edward River Crocodile Farm Pty Limited (trading as Edward River Crocodile Farm) ACN 008 502 270 and ABN 90 008 502 270 Pormpuraaw Aboriginal Council The trustee for Empire Theatres Toowoomba Regional Council Foundation (trading as Empire Theatres Foundation) ABN 69 130 487 365 Empire Theatres Pty Ltd ACN 086 482 Toowoomba Regional Council 288 and ABN 83 086 482 288 Far North Queensland Regional Organisation of Councils (trading as Far North Queensland Regional Organisation of Councils) ABN 52 034 736 962 Cairns Regional Council, Cassowary Coast Regional Council, Cooktown Shire Council, Hinchinbrook Shire Council, Tablelands Regional Council, Yarrabah Shire Council, Wujal Wujal Aboriginal Shire Council Gold Coast Arts Centre Pty Ltd Gold Coast City Council (trading as Gold Coast Arts Centre Pty Ltd) ACN 060 787 466 and ABN 85 060 787 466 Gulf Savannah Development Inc. (trading as Gulf Savannah Development, and as Gulf Savannah Tourism) ABN 69 956 728 660 Burke, Carpentaria, Croydon and Etheridge Shire Councils Hervey Bay (Community Fund) Limited ACN 120 350 469 Fraser Coast Regional Council Hervey Bay (Cultural Fund) Limited Fraser Coast Regional Council ACN 120 350 405 The trustee for Ipswich Arts Foundation Trust ABN 75 833 582 216 Ipswich City Council Page 142 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Schedule 7A Entity Relevant local government Ipswich City Council (trading as Ipswich City Council Ipswich Arts Foundation) ABN 61 461 981 077 Ipswich City Enterprises Investments Ipswich City Council Pty Ltd (trading as Ipswich City Enterprises Investments Pty Ltd) ACN 127 862 515 and ABN 42 127 862 515 Ipswich City Enterprises Pty Ltd (trading as Ipswich City Enterprises Pty Ltd) ACN 095 487 086 and ABN 88 095 487 086 Ipswich City Council Kronosaurus Korner Board Inc. (trading as Kronosaurus Korner) ABN 29 088 101 544 Richmond City Council Lockhart River Aerodrome Company Lockhart River Aboriginal Shire Pty Ltd (Lockhart River Aerodrome Council Company Pty Ltd) ACN 061 972 978 and ABN 95 061 972 978 Nuffield Pty Ltd ACN 068 043 318 Brisbane City Council and ABN 72 068 043 318 Outback @ Isa Pty Ltd (trading as Mount Isa City Council Outback@Isa) ACN 31 104 362 718 and ABN 104 362 718 Palm Island Community Company Ltd Palm Island Aboriginal Shire ACN 126 800 682 and ABN 64 126 Council 800 682 Poruma Island Pty Ltd ACN 098 641 Poruma Island Community Council 162 and ABN 88 098 641 162 Quad Park Corporation Pty Ltd Caloundra City Council ACN 127 704 947 and ABN 31 127 704 947 Reprint 3 effective 4 April 2011 Page 143

Industrial Relations Regulation 2000 Schedule 7A Entity Relevant local government Rodeo Capital Pty Ltd (trading as Mount Isa City Council Buchanan Park Facilities Management) ACN 125 659 510 and ABN 89 125 659 510 Sunshine Coast Events Centre Pty Ltd Sunshine Coast Regional Council (trading as Caloundra Civic Cultural Centre) ACN 127 655 510 and ABN 38 127 655 510 Surfers Paradise Alliance Ltd Gold Coast City Council ACN 097 068 285 and ABN 19 097 068 285 The Brolga Theatre Board Inc. Fraser Coast Regional Council (trading as The Brolga Theatre and Convention Centre) ABN 75 529 942 824 The trustee for Townsville Cemetery Townsville City Council Trust (trading as Townsville & Thuringowa Cemetery Trust) ABN 72 096 373 559 TradeCoast Land Pty Ltd ACN 111 Brisbane City Council 428 212 and ABN 15 111 428 212 Waltzing Matilda Centre Ltd (trading Winton Shire Council as Waltzing Matilda Centre) ACN 34 086 051 078 and ABN 34 086 051 078 Warwick Tourism and Events Pty Ltd Southern Downs Regional Council ACN 105 787 246 and ABN 52 105 787 246 Widelinx Pty Ltd ACN 113 136 824 Fraser Coast Regional Council and ABN 76 113 136 824 Woorabinda Pastoral Company Pty Limited ACN 011 072 450 and ABN 17 011 072 450 Woorabinda Aboriginal Shire Council Page 144 Reprint 3 effective 4 April 2011

Schedule 8 Industrial Relations Regulation 2000 Schedule 8 Dictionary section 3 constituent member means a member of an amalgamated organisation who is part of the constituent part seeking to withdraw from the organisation. formal , for a ballot, means valid. informal , for a ballot, means invalid. management committee of a constituent part means a management committee elected entirely or substantially by the constituent members. manager of an election or ballot means— (a) the electoral officer conducting the election or ballot; or (b) if an exemption has been given under section 597 of the Act—the returning officer appointed under section 599 of the Act to conduct the election. president of an organisation means— (a) its president; or (b) its chief executive; or (c) another officer, however called, who has the functions of its president or chief executive. representative constituent member see section 65(6). secretary of an organisation means— (a) the person who holds the office of secretary in the organisation; or (b) if no-one holds the office of secretary of the organisation—the person authorised by the organisation under its rules to sign documents for the organisation. Reprint 3 effective 4 April 2011 Page 145

Industrial Relations Regulation 2000 Schedule 8 special account of an organisation means an account the organisation operated for— (a) a compulsory levy raised by the organisation; or (b) voluntary contributions collected from its members. voter , for part 13, means a person whose name is on the roll under section 110. Page 146 Reprint 3 effective 4 April 2011

Endnotes Industrial Relations Regulation 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 4 April 2011. Future amendments of the Industrial Relations Regulation 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 3 effective 4 April 2011 Page 147

Industrial Relations Regulation 2000 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C Amendments to none 2001 SL No. 297 2002 SL No. 88 2002 SL No. 88 Effective 1 December 2000 21 December 2001 26 April 2002 1 May 2002 Reprint date 19 January 2001 4 January 2002 26 April 2002 15 May 2002 Reprint No. 1D 1E 1F 1G rv 1H 2 2A Amendments included 2003 SL No. 8 2003 SL No. 195 2004 SL No. 160 2005 SL No. 169 2006 SL No. 198 — 2007 SL No. 220 Effective 31 January 2003 22 August 2003 20 August 2004 29 July 2005 11 August 2006 11 August 2006 7 September 2007 Notes R1H withdrawn, see R2 Page 148 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Endnotes Reprint No. 2B 2C 2D 2E 2F 2G 3 Amendments included 2008 SL No. 258 2009 Act No. 38 2009 Act No. 49 2010 SL No. 273 2010 Act No. 41 2011 Act No. 4 — Effective 15 August 2008 26 October 2009 1 January 2010 1 October 2010 20 December 2010 4 April 2011 4 April 2011 Notes R2G withdrawn, see R3 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1 6 List of legislation Industrial Relations Regulation 2000 SL No. 287 made by the Governor in Council on 16 November 2000 notfd gaz 17 November 2000 pp 1093–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2000 (see s 2) exp 1 September 2011 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Industrial Relations Amendment Regulation (No. 1) 2001 SL No. 297 notfd gaz 21 December 2001 pp 1482–8 ss 5–7 commenced 1 May 2002 (see s 2) remaining provisions commenced on date of notification Private Employment Agents Regulation 2002 SL No. 88 pts 1, 4 notfd gaz 26 April 2002 pp 1540–3 commenced on date of notification Industrial Relations Amendment Regulation (No. 1) 2003 SL No. 8 notfd gaz 31 January 2003 pp 318–19 commenced on date of notification Industrial Relations Amendment Regulation (No. 2) 2003 SL No. 195 notfd gaz 22 August 2003 pp 1372–5 commenced on date of notification Reprint 3 effective 4 April 2011 Page 149

Industrial Relations Regulation 2000 Endnotes Industrial Relations Amendment Regulation (No. 1) 2004 SL No. 160 notfd gaz 20 August 2004 pp 1238–9 commenced on date of notification Industrial Relations Amendment Regulation (No. 1) 2005 SL No. 169 notfd gaz 29 July 2005 pp 1146–8 commenced on date of notification Industrial Relations Amendment Regulation (No. 1) 2006 SL No. 198 notfd gaz 11 August 2006 pp 1725–8 commenced on date of notification Industrial Relations Amendment Regulation (No. 1) 2007 SL No. 220 notfd gaz 7 September 2007 pp 124–5 commenced on date of notification Industrial Relations Amendment Regulation (No. 1) 2008 SL No. 258 notfd gaz 15 August 2008 pp 2241–2 commenced on date of notification Electrical Safety and Other Legislation Amendment Act 2009 No. 38 ss 1, 2(2), pt 10 date of assent 22 September 2009 ss 1–2 commenced on date of assent remaining provisions commenced 26 October 2009 (2009 SL No. 233) Fair Work (Commonwealth Powers) and Other Provisions Act 2009 No. 49 ss 1–2, pt 3 div 8 date of assent 19 November 2009 div 8 commenced 1 January 2010 immediately after the commencement of the FairWorkAmendment(StateReferralsandOtherMeasures)Act2009 No. 124 (Cwlth) sch 1 s 39 (2009 SL No. 289 and Cwlth proc F2009L04605) remaining provisions commenced on date of assent Industrial Relations Amendment Regulation (No. 1) 2010 SL No. 273 notfd gaz 1 October 2010 pp 294–7 commenced on date of notification Education and Training Legislation (Skills Queensland) Amendment Act 2010 No. 41 pts 1, 3 div 2 date of assent 14 October 2010 ss 1–2 commenced on date of assent remaining provisions commenced 20 December 2010 (2010 SL No. 338) Electrical Safety and Other Legislation Amendment Act 2011 No. 4 s 1, pt 5, s 69 sch pt 1 date of assent 4 April 2011 commenced on date of assent Page 150 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Endnotes 7 List of annotations Definitions s 3 amd 2002 SL No. 88 s 5 Prescribed amount—Act, ss 72 and 276 s 4 amd 2001 SL No. 297 s 4; 2003 SL No. 8 s 3; 2003 SL No. 195 s 3; 2004 SL No. 160 s 3; 2005 SL No. 169 s 3; 2006 SL No. 198 s 3; 2007 SL No. 220 s 3; 2008 SL No. 258 s 3; 2010 SL No. 273 s 3 Agreement for certification to be accompanied by affidavit—Act, s 156 s 9 amd 2001 SL No. 297 s 5; 2011 Act No. 4 s 55 PART 5—QUEENSLAND WORKPLACE AGREEMENTS pt hdg om 2011 Act No. 4 s 56 Matters to be included in QWA—Act, s 193 s 12 amd 2001 SL No. 297 s 6 om 2011 Act No. 4 s 56 Filing requirements—Act, s 200 s 13 amd 2001 SL No. 297 s 7 om 2011 Act No. 4 s 56 Form of QWA or ancillary document—Act, s 709(2)(c) s 14 om 2011 Act No. 4 s 56 Witnessing signatures on QWA or ancillary document—Act, s 709(2)(d) s 15 om 2011 Act No. 4 s 56 PART 7A—FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS pt hdg ins 2002 SL No. 88 s 6 Particulars for written notice—Act, s 408D(2)(a) s 17A ins 2002 SL No. 88 s 6 amd 2006 SL No. 198 s 4 Prescribed percentage of gross amount payable to model or performer—Act, s 408D(2)(b) s 17B ins 2002 SL No. 88 s 6 Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 408D(2)(b) s 17C ins 2002 SL No. 88 s 6 Definition for pt 8 s 18 prov hdg amd 2006 SL No. 198 s 5 Applications for registration, change of list of callings or amendment of name or eligibility rules s 20 amd 2009 Act No. 38 s 40 Application by registrar for deregistration order for defunct organisation s 26 amd 2009 Act No. 38 s 40 Reprint 3 effective 4 April 2011 Page 151

Industrial Relations Regulation 2000 Endnotes Prescribed particulars for election or ballot result reports—s 121 and Act, ss 488 and 600 s 37 amd 2007 SL No. 220 s 4 Voters may ask for information about election or ballot s 40 amd 2011 Act No. 4 s 69 sch Management committee must report insolvency to members s 49 amd 2001 SL No. 297 s 8 Withdrawal ballot exemption—recognising federal ballot s 68 amd 2001 SL No. 297 s 9; 2007 SL No. 220 s 5 Notice of application s 81 amd 2009 Act No. 38 s 41 Amalgamation or withdrawal hearing s 82 amd 2011 Act No. 4 s 69 sch Withdrawal ballot exemption—recognising federal ballot s 90 amd 2001 SL No. 297 s 10; 2007 SL No. 220 s 5 Postal ballots—distributing voting material s 101 amd 2001 SL No. 297 s 11 Fixing start day for amalgamation or withdrawal s 138 amd 2009 Act No. 38 s 42 Effect of amalgamation on commission decisions s 141 amd 2011 Act No. 4 s 69 sch PART 14—DECLARATIONS FOR COMMONWEALTH ACT, SECTION 14(2) pt hdg ins 2009 Act No. 49 s 67 Declarations s 148 ins 2009 Act No. 49 s 67 PART 15—GENERAL pt hdg (prev pt 14) renum 2009 Act No. 49 s 66(1) Certificate of employment on termination—Act, s 700 s 149 (prev s 148) renum 2009 Act No. 49 s 66(2) Repeals s 150 (prev s 149) renum 2009 Act No. 49 s 66(2) SCHEDULE 1—PROVISION ABOUT DISCRIMINATION om 2011 Act No. 4 s 57 SCHEDULE 2—MODEL DISPUTE RESOLUTION PROCEDURE om 2011 Act No. 4 s 57 SCHEDULE 3—MODEL ELECTION RULES Definitions s 1 def “candidate” amd 2007 SL No. 220 s 6 Page 152 Reprint 3 effective 4 April 2011

Industrial Relations Regulation 2000 Endnotes Manager of election—functions and powers s 2 amd 2011 Act No. 4 s 69 sch Nomination procedure s 6 amd 2011 Act No. 4 s 69 sch When someone can claim a right to vote s 12 amd 2011 Act No. 4 s 69 sch Ballot papers s 13 amd 2011 Act No. 4 s 69 sch Distributing voting material s 14 amd 2001 SL No. 297 s 12 SCHEDULE 4—PRESCRIBED ACCOUNTS Non-current assets s 42 amd 2011 Act No. 4 s 69 sch SCHEDULE 7—PERCENTAGE OF GROSS AMOUNT PAYABLE TO MODEL OR PERFORMER ins 2002 SL No. 88 s 8 SCHEDULE 7A—EMPLOYERS DECLARED NOT TO BE NATIONAL SYSTEM EMPLOYERS ins 2009 Act No. 49 s 68 amd 2010 Act No. 41 s 21 SCHEDULE 8—DICTIONARY (prev sch 7) renum 2002 SL No. 88 s 7 8 Provision 25(b) Table of corrected minor errors under the Reprints Act 1992 s 44 Description om ‘organisations’s’ ins ‘organisation’s’ © State of Queensland 2011 Reprint 3 effective 4 April 2011 Page 153