On Wednesday 30 November, Queensland Parliament passed the Industrial Relations Bill 2016 introducing significant reforms to the State IR framework, aligning it with the federal framework. The legislation provides State and local government employees with a range of new workplace protections—similar to those available to Commonwealth employees—including anti-bullying protections and general protections. The legislation also includes changes to the Queensland Employment Standards and transfers jurisdiction for workplace-related anti-discrimination claims from the Queensland Civil and Administrative Tribunal to the Queensland Industrial Relations Commission (QIRC).

In addition to repealing the existing Queensland Industrial Relations Act 1999, amendments will be made to the Work Health and Safety Act 2011, the Anti-Discrimination Act 1991, the Public Service Act 2008 and the Workers' Compensation and Rehabilitation Act 2003.

How will the Bill affect employers and employees?

  • Employees, contractors, subcontractors, volunteers, apprentices and work experience students will be protected under the new anti-bullying laws, which mirror the Fair Work Act 2009 (Cth) (FW Act). Workers experiencing bullying in the workplace will be able to apply to the QIRC for an anti-bullying order under its new jurisdiction.
  • Under the general protections, which reflect those stated in the FW Act, workers will be protected from adverse action, coercion, misrepresentation, discrimination, dismissal and undue influence.
  • Good faith bargaining obligations, similar to those under the FW Act, have been included in the collective bargaining provisions. The legislation also mandates a 21-day peace obligation period during which negotiating parties cannot take industrial action.
  • Employers will be prohibited from asking or requiring full-time employees to work more than 38 hours per week.
  • Employees will be entitled to ask their employer for workplace adjustments, such as changes to their ordinary work hours, place of work, or equipment to accommodate a disability or injury.
  • The Queensland Employment Standards will be changed to include compassionate leave and up to 10 days' paid domestic and family violence leave.
  • The Minister for Employment can no longer order protected industrial action cessation. The QIRC will be able to make orders to suspend or terminate the action in exceptional circumstances only, taking into consideration substantial damage to the economy and/or the community.
  • Authorised officers will continue to be able to enter a workplace without prior notice during business hours to review time and wage records and speak to members or eligible members about matters concerning the IR legislation (providing the authorised officer signals their presence and produces a copy of their authorisation upon request).
  • Queensland Health, and Hospital and Health Services will continue to be able to recoup overpayments made to employees (deducting amounts in instalments).

Next steps

These significant reforms will noticeably change the IR landscape in a short period of time. State employers should look to national employers and the existing federal framework for guidance on implementing practices that comply with the legislation, as well as update and implement policies and procedures, and train staff so they are compliant under the new IR framework.

If you would like to read more about the changes to be introduced under the Bill, look out for Sparke Helmore's article in the December edition of the Queensland Law Society's Proctor magazine. To view the Bill, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.