{"id":"qld:act-2016-063","name":"Industrial Relations Act 2016","slug":"industrial-relations-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"63 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174731,"registerId":"qld-qld:act-2016-063-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Industrial Relations Act 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nChapter 19 , part 8 , other than the following provisions, commences on assent—\nsections 1118 to 1124 ;\nsections 1126 to 1128 ;\nsection 1151 ;\nsection 1152 , to the extent it inserts new section 289 .\nThe remaining provisions of this Act commence on a day to be fixed by proclamation.\n(sec.2-ssec.1) Chapter 19 , part 8 , other than the following provisions, commences on assent— sections 1118 to 1124 ; sections 1126 to 1128 ; section 1151 ; section 1152 , to the extent it inserts new section 289 .\n(sec.2-ssec.2) The remaining provisions of this Act commence on a day to be fixed by proclamation.\n- (a) sections 1118 to 1124 ;\n- (b) sections 1126 to 1128 ;\n- (c) section 1151 ;\n- (d) section 1152 , to the extent it inserts new section 289 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to provide for a framework for cooperative industrial relations that—\nis fair and balanced; and\nsupports the delivery of high quality services, economic prosperity and social justice for Queenslanders.\n- (a) is fair and balanced; and\n- (b) supports the delivery of high quality services, economic prosperity and social justice for Queenslanders.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purpose is primarily achieved","content":"### sec.4 How main purpose is primarily achieved\n\nThe main purpose of this Act is to be achieved primarily by—\nsupporting a productive, competitive and inclusive economy, with strong economic growth, high employment, employment security, improved living standards and low inflation; and\npromoting high-performing, apolitical State government and local government sectors that are responsive to democratically-decided priorities and focused on the delivery of public services in a professional and non-partisan way; and\npromoting and facilitating security in employment and consultation about employment matters, technological change and organisational change; and\nproviding for a fair and equitable framework of employment standards, awards, determinations, orders and agreements; and\npromoting productive and cooperative workplace relations including by recognising mutual obligations of trust and confidence in the employment relationship; and\nproviding for a guaranteed safety net of fair, relevant and enforceable minimum employment conditions through the Queensland Employment Standards; and\nensuring wages and employment conditions provide fair standards in relation to living standards prevailing in the community; and\npromoting collective bargaining, including by—\nproviding for good faith bargaining; and\nestablishing the primacy of collective agreements over individual agreements; and\npreventing and eliminating sexual harassment, sex or gender-based harassment, discrimination, bullying and other unfair treatment in employment; and\nensuring equal remuneration for work of equal or comparable value; and\npromoting diversity and inclusion in the workforce, including by providing a right for employees to request flexible working arrangements to help balance their work and family responsibilities; and\nsupporting employees experiencing domestic and family violence by conferring leave entitlements and protection from discrimination; and\nencouraging fairness and representation at work, and the prevention of discrimination, by recognising the right to freedom of association, the right to organise and the right to be represented; and\nencouraging representation of employees and employers by organisations that are registered under this Act; and\nbeing responsive to emerging labour market trends and work patterns; and\nproviding for effective, responsive and accessible mechanisms to support negotiations and resolve industrial disputes; and\nestablishing an independent court and tribunal to facilitate fair, balanced and productive industrial relations; and\nassisting in giving effect to Australia’s international obligations in relation to labour standards.\nthe Freedom of Association and Protection of the Right to Organise Convention, 1948, No. 87\nthe Right to Organise and Collective Bargaining Convention, 1949, No. 98\nthe Equal Remuneration Convention, 1951, No. 100\nthe Discrimination (Employment and Occupation) Convention, 1958, No. 111\nthe Employment Policy Convention, 1964, No. 122\nthe Termination of Employment Convention, 1982, No. 158\nthe Part-Time Work Convention, 1994, No. 175\ns 4 amd 2022 No. 27 s 4\n- (a) supporting a productive, competitive and inclusive economy, with strong economic growth, high employment, employment security, improved living standards and low inflation; and\n- (b) promoting high-performing, apolitical State government and local government sectors that are responsive to democratically-decided priorities and focused on the delivery of public services in a professional and non-partisan way; and\n- (c) promoting and facilitating security in employment and consultation about employment matters, technological change and organisational change; and\n- (d) providing for a fair and equitable framework of employment standards, awards, determinations, orders and agreements; and\n- (e) promoting productive and cooperative workplace relations including by recognising mutual obligations of trust and confidence in the employment relationship; and\n- (f) providing for a guaranteed safety net of fair, relevant and enforceable minimum employment conditions through the Queensland Employment Standards; and\n- (g) ensuring wages and employment conditions provide fair standards in relation to living standards prevailing in the community; and\n- (h) promoting collective bargaining, including by— (i) providing for good faith bargaining; and (ii) establishing the primacy of collective agreements over individual agreements; and\n- (i) providing for good faith bargaining; and\n- (ii) establishing the primacy of collective agreements over individual agreements; and\n- (i) preventing and eliminating sexual harassment, sex or gender-based harassment, discrimination, bullying and other unfair treatment in employment; and\n- (j) ensuring equal remuneration for work of equal or comparable value; and\n- (k) promoting diversity and inclusion in the workforce, including by providing a right for employees to request flexible working arrangements to help balance their work and family responsibilities; and\n- (l) supporting employees experiencing domestic and family violence by conferring leave entitlements and protection from discrimination; and\n- (m) encouraging fairness and representation at work, and the prevention of discrimination, by recognising the right to freedom of association, the right to organise and the right to be represented; and\n- (n) encouraging representation of employees and employers by organisations that are registered under this Act; and\n- (o) being responsive to emerging labour market trends and work patterns; and\n- (p) providing for effective, responsive and accessible mechanisms to support negotiations and resolve industrial disputes; and\n- (q) establishing an independent court and tribunal to facilitate fair, balanced and productive industrial relations; and\n- (r) assisting in giving effect to Australia’s international obligations in relation to labour standards. Examples of ILO conventions ratified by Australia— • the Freedom of Association and Protection of the Right to Organise Convention, 1948, No. 87 • the Right to Organise and Collective Bargaining Convention, 1949, No. 98 • the Equal Remuneration Convention, 1951, No. 100 • the Discrimination (Employment and Occupation) Convention, 1958, No. 111 • the Employment Policy Convention, 1964, No. 122 • the Termination of Employment Convention, 1982, No. 158 • the Part-Time Work Convention, 1994, No. 175\n- • the Freedom of Association and Protection of the Right to Organise Convention, 1948, No. 87\n- • the Right to Organise and Collective Bargaining Convention, 1949, No. 98\n- • the Equal Remuneration Convention, 1951, No. 100\n- • the Discrimination (Employment and Occupation) Convention, 1958, No. 111\n- • the Employment Policy Convention, 1964, No. 122\n- • the Termination of Employment Convention, 1982, No. 158\n- • the Part-Time Work Convention, 1994, No. 175\n- (i) providing for good faith bargaining; and\n- (ii) establishing the primacy of collective agreements over individual agreements; and\n- • the Freedom of Association and Protection of the Right to Organise Convention, 1948, No. 87\n- • the Right to Organise and Collective Bargaining Convention, 1949, No. 98\n- • the Equal Remuneration Convention, 1951, No. 100\n- • the Discrimination (Employment and Occupation) Convention, 1958, No. 111\n- • the Employment Policy Convention, 1964, No. 122\n- • the Termination of Employment Convention, 1982, No. 158\n- • the Part-Time Work Convention, 1994, No. 175","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 5 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Who is an employer","content":"### sec.7 Who is an employer\n\nAn employer is a person who—\nis not a national system employer within the meaning of the Commonwealth Fair Work Act ; and\nemploys, or usually employs, 1 or more individuals.\nAlso, employer includes the following persons—\nfor chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employer within the meaning of the Commonwealth Fair Work Act , section 14 , including a national system employer mentioned in section 30N of that Act;\na person for whose calling or business an outworker works;\nfor a proceeding for an offence or for payment or recovery of amounts—a former employer;\na person declared to be an employer under section 465 .\n(sec.7-ssec.1) An employer is a person who— is not a national system employer within the meaning of the Commonwealth Fair Work Act ; and employs, or usually employs, 1 or more individuals.\n(sec.7-ssec.2) Also, employer includes the following persons— for chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employer within the meaning of the Commonwealth Fair Work Act , section 14 , including a national system employer mentioned in section 30N of that Act; a person for whose calling or business an outworker works; for a proceeding for an offence or for payment or recovery of amounts—a former employer; a person declared to be an employer under section 465 .\n- (a) is not a national system employer within the meaning of the Commonwealth Fair Work Act ; and\n- (b) employs, or usually employs, 1 or more individuals.\n- (a) for chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employer within the meaning of the Commonwealth Fair Work Act , section 14 , including a national system employer mentioned in section 30N of that Act;\n- (b) a person for whose calling or business an outworker works;\n- (c) for a proceeding for an offence or for payment or recovery of amounts—a former employer;\n- (d) a person declared to be an employer under section 465 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Who is an employee","content":"### sec.8 Who is an employee\n\nAn employee is an individual who is employed, or usually employed, by an employer.\nAlso, employee includes the following persons—\nfor chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employee within the meaning of the Commonwealth Fair Work Act , section 13 , including a national system employee mentioned in section 30M of that Act;\nfor chapter 7 , a worker under the Work Health and Safety Act 2011 , section 7 , other than a worker under the Commonwealth Fair Work Act who may apply for an order under chapter 6 , part 6-4B of that Act in relation to the bullying;\na person who is a member of a class of persons declared to be employees under section 465 ;\nfor a proceeding for an offence or for payment or recovery of amounts—a former employee;\nan outworker;\nan apprentice;\na trainee.\n(sec.8-ssec.1) An employee is an individual who is employed, or usually employed, by an employer.\n(sec.8-ssec.2) Also, employee includes the following persons— for chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employee within the meaning of the Commonwealth Fair Work Act , section 13 , including a national system employee mentioned in section 30M of that Act; for chapter 7 , a worker under the Work Health and Safety Act 2011 , section 7 , other than a worker under the Commonwealth Fair Work Act who may apply for an order under chapter 6 , part 6-4B of that Act in relation to the bullying; a person who is a member of a class of persons declared to be employees under section 465 ; for a proceeding for an offence or for payment or recovery of amounts—a former employee; an outworker; an apprentice; a trainee.\n- (a) for chapter 2 , part 3 , divisions 9 , 11 and 12 , a national system employee within the meaning of the Commonwealth Fair Work Act , section 13 , including a national system employee mentioned in section 30M of that Act;\n- (b) for chapter 7 , a worker under the Work Health and Safety Act 2011 , section 7 , other than a worker under the Commonwealth Fair Work Act who may apply for an order under chapter 6 , part 6-4B of that Act in relation to the bullying;\n- (c) a person who is a member of a class of persons declared to be employees under section 465 ;\n- (d) for a proceeding for an offence or for payment or recovery of amounts—a former employee;\n- (e) an outworker;\n- (f) an apprentice;\n- (g) a trainee.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is an industrial matter","content":"### sec.9 What is an industrial matter\n\nAn industrial matter is a matter that affects or relates to—\nwork done or to be done; or\nthe privileges, rights or functions of—\nemployers or employees; or\npersons who have been, or propose to be, or who may become, employers or employees; or\na matter the court or commission considers has been, is, or may be a cause or contributory cause of an industrial action or industrial dispute.\nHowever, a matter is not an industrial matter if it is the subject of a proceeding for—\nan indictable offence; or\na public service appeal.\nWithout limiting subsection (1) or affecting subsection (2) , a matter is an industrial matter if it relates to a matter mentioned in schedule 1 .\ns 9 amd 2020 No. 35 s 3\n(sec.9-ssec.1) An industrial matter is a matter that affects or relates to— work done or to be done; or the privileges, rights or functions of— employers or employees; or persons who have been, or propose to be, or who may become, employers or employees; or a matter the court or commission considers has been, is, or may be a cause or contributory cause of an industrial action or industrial dispute.\n(sec.9-ssec.2) However, a matter is not an industrial matter if it is the subject of a proceeding for— an indictable offence; or a public service appeal.\n(sec.9-ssec.3) Without limiting subsection (1) or affecting subsection (2) , a matter is an industrial matter if it relates to a matter mentioned in schedule 1 .\n- (a) work done or to be done; or\n- (b) the privileges, rights or functions of— (i) employers or employees; or (ii) persons who have been, or propose to be, or who may become, employers or employees; or\n- (i) employers or employees; or\n- (ii) persons who have been, or propose to be, or who may become, employers or employees; or\n- (c) a matter the court or commission considers has been, is, or may be a cause or contributory cause of an industrial action or industrial dispute.\n- (i) employers or employees; or\n- (ii) persons who have been, or propose to be, or who may become, employers or employees; or\n- (a) an indictable offence; or\n- (b) a public service appeal.","sortOrder":10},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"General overview of scope of Act","content":"# General overview of scope of Act","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Purpose of part","content":"### sec.10 Purpose of part\n\nThis part gives an overview of the scope of this Act.\nWithout limiting subsection (1) , it is declared that this part does not confer entitlements or impose liabilities.\n(sec.10-ssec.1) This part gives an overview of the scope of this Act.\n(sec.10-ssec.2) Without limiting subsection (1) , it is declared that this part does not confer entitlements or impose liabilities.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Definition for part","content":"### sec.11 Definition for part\n\nIn this part—\nQueensland referral Act means the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 .","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Who this Act applies to generally","content":"### sec.12 Who this Act applies to generally\n\nGenerally speaking—\nthe Commonwealth Fair Work Act applies to many employers and employees in Queensland; and\nthis Act applies to employers and employees only to the extent the Commonwealth Fair Work Act does not apply to them.\nThe Commonwealth Fair Work Act applies to the following employers and their employees—\nemployers who are trading or financial corporations (see paragraph 51(xx) of the Commonwealth Constitution)\nother private sector employers in relation to whom the State has referred its legislative power over industrial relations matters to the Commonwealth (see the Queensland referral Act ).\nThe following are examples of entities to whom this Act generally applies—\nthe State government, and entities related to the State government, and their employees;\ndepartments\npublic service entities mentioned in the Public Sector Act 2022 , section 9 (b)\nother statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006\nFor more detail, see the definition public sector employer in the Queensland referral Act , section 3 (1) .\nlocal governments, and entities established under local government legislation, and their employees.\nFor more detail, see the definition local government sector employer in the Queensland referral Act , section 3 (1) .\nAlso, this Act generally applies to other employers, and their employees, if—\nthe employers are declared by Queensland law not to be national system employers for the Commonwealth Fair Work Act; and\nthe declaration is endorsed by the Minister under the Commonwealth Fair Work Act .\nSee also chapter 16 and the Commonwealth Fair Work Act , section 14 (2) .\ns 12 amd 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) Generally speaking— the Commonwealth Fair Work Act applies to many employers and employees in Queensland; and this Act applies to employers and employees only to the extent the Commonwealth Fair Work Act does not apply to them. The Commonwealth Fair Work Act applies to the following employers and their employees— employers who are trading or financial corporations (see paragraph 51(xx) of the Commonwealth Constitution) other private sector employers in relation to whom the State has referred its legislative power over industrial relations matters to the Commonwealth (see the Queensland referral Act ).\n(sec.12-ssec.2) The following are examples of entities to whom this Act generally applies— the State government, and entities related to the State government, and their employees; departments public service entities mentioned in the Public Sector Act 2022 , section 9 (b) other statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006 For more detail, see the definition public sector employer in the Queensland referral Act , section 3 (1) . local governments, and entities established under local government legislation, and their employees. For more detail, see the definition local government sector employer in the Queensland referral Act , section 3 (1) .\n(sec.12-ssec.3) Also, this Act generally applies to other employers, and their employees, if— the employers are declared by Queensland law not to be national system employers for the Commonwealth Fair Work Act; and the declaration is endorsed by the Minister under the Commonwealth Fair Work Act . See also chapter 16 and the Commonwealth Fair Work Act , section 14 (2) .\n- (a) the Commonwealth Fair Work Act applies to many employers and employees in Queensland; and\n- (b) this Act applies to employers and employees only to the extent the Commonwealth Fair Work Act does not apply to them.\n- • employers who are trading or financial corporations (see paragraph 51(xx) of the Commonwealth Constitution)\n- • other private sector employers in relation to whom the State has referred its legislative power over industrial relations matters to the Commonwealth (see the Queensland referral Act ).\n- (a) the State government, and entities related to the State government, and their employees; Examples— • departments • public service entities mentioned in the Public Sector Act 2022 , section 9 (b) • other statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006 Note— For more detail, see the definition public sector employer in the Queensland referral Act , section 3 (1) .\n- • departments\n- • public service entities mentioned in the Public Sector Act 2022 , section 9 (b)\n- • other statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006\n- (b) local governments, and entities established under local government legislation, and their employees. Note— For more detail, see the definition local government sector employer in the Queensland referral Act , section 3 (1) .\n- • departments\n- • public service entities mentioned in the Public Sector Act 2022 , section 9 (b)\n- • other statutory bodies established under Queensland law for a public purpose, such as a parents and citizens association established under the Education (General Provisions) Act 2006\n- (a) the employers are declared by Queensland law not to be national system employers for the Commonwealth Fair Work Act; and\n- (b) the declaration is endorsed by the Minister under the Commonwealth Fair Work Act .","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Who this Act applies to—particular provisions","content":"### sec.13 Who this Act applies to—particular provisions\n\nThe provisions of the Queensland Employment Standards about long service leave, jury service leave and emergency service leave may apply to employers and employees who are generally covered by the Commonwealth Fair Work Act .\nSee also—\nthe Commonwealth Fair Work Act , section 27 (2)\nthe Queensland referral Act , section 3 (1) , definition excluded subject matter .\nProvisions of chapter 11 , part 3 , division 4 about civil remedies under the Fair Work Act 2009 (Cwlth) , chapter 4 , part 4-1 apply to employers and employees who are generally covered by that Act.\ns 13 amd 2020 No. 34 s 8\n(sec.13-ssec.1) The provisions of the Queensland Employment Standards about long service leave, jury service leave and emergency service leave may apply to employers and employees who are generally covered by the Commonwealth Fair Work Act . See also— the Commonwealth Fair Work Act , section 27 (2) the Queensland referral Act , section 3 (1) , definition excluded subject matter .\n(sec.13-ssec.2) Provisions of chapter 11 , part 3 , division 4 about civil remedies under the Fair Work Act 2009 (Cwlth) , chapter 4 , part 4-1 apply to employers and employees who are generally covered by that Act.\n- • the Commonwealth Fair Work Act , section 27 (2)\n- • the Queensland referral Act , section 3 (1) , definition excluded subject matter .","sortOrder":15},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definitions for chapter","content":"### sec.14 Definitions for chapter\n\nIn this chapter—\napplicable industrial instrument means any of the following—\na modern award;\na certified agreement or bargaining award;\nan arbitration determination.\nlong term casual employee see section 15 .\nordinary hours of work , for an employee, means—\nthe employee’s ordinary hours of work as provided for under an applicable industrial instrument that applies to the employee; or\nif paragraph (a) does not apply—the hours agreed by the employee and the employee’s employer as the employee’s ordinary hours of work.\nrelevant industrial instrument , in relation to an employee, means an applicable industrial instrument that applies to the employee.\nshort term casual employee means a casual employee, other than a long term casual employee.\n- (a) a modern award;\n- (b) a certified agreement or bargaining award;\n- (c) an arbitration determination.\n- (a) the employee’s ordinary hours of work as provided for under an applicable industrial instrument that applies to the employee; or\n- (b) if paragraph (a) does not apply—the hours agreed by the employee and the employee’s employer as the employee’s ordinary hours of work.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of long term casual employee","content":"### sec.15 Meaning of long term casual employee\n\nFor this chapter, a long term casual employee is a casual employee engaged by a particular employer, on a regular and systematic basis, for 1 or more periods of employment during the 1 year immediately before the employee seeks to access an entitlement under this chapter.\nThe periods of employment mentioned in subsection (1) include periods before and after the commencement of this section.\n(sec.15-ssec.1) For this chapter, a long term casual employee is a casual employee engaged by a particular employer, on a regular and systematic basis, for 1 or more periods of employment during the 1 year immediately before the employee seeks to access an entitlement under this chapter.\n(sec.15-ssec.2) The periods of employment mentioned in subsection (1) include periods before and after the commencement of this section.","sortOrder":18},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Interaction of elements of industrial relations system","content":"# Interaction of elements of industrial relations system","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"What part is about","content":"### sec.16 What part is about\n\nThis part explains—\nhow elements of the industrial relations system interact with each other; and\nhow particular elements of the industrial relations system prevail over other elements.\n- (a) how elements of the industrial relations system interact with each other; and\n- (b) how particular elements of the industrial relations system prevail over other elements.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Relationship between Queensland Employment Standards and other laws","content":"### sec.17 Relationship between Queensland Employment Standards and other laws\n\nThe Queensland Employment Standards have effect despite an inconsistency with another law of the State, unless the other law provides an employee with a benefit that is at least as favourable for the employee as the Queensland Employment Standards.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Relationship between Queensland Employment Standards and industrial instruments","content":"### sec.18 Relationship between Queensland Employment Standards and industrial instruments\n\nAn industrial instrument may not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards.\nThe Queensland Employment Standards have effect subject to provisions included in an industrial instrument mentioned in subsection (1) .\n(sec.18-ssec.1) An industrial instrument may not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards.\n(sec.18-ssec.2) The Queensland Employment Standards have effect subject to provisions included in an industrial instrument mentioned in subsection (1) .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Relationship of modern award with certified agreement","content":"### sec.19 Relationship of modern award with certified agreement\n\nA modern award may apply to an employee in relation to particular employment at the same time as a certified agreement applies to the employee in relation to the employment.\nIf both a modern award and certified agreement apply to an employee in relation to particular employment, the certified agreement prevails to the extent of any inconsistency.\nWhile a project agreement operates, it operates to the exclusion of any certified agreement.\n(sec.19-ssec.1) A modern award may apply to an employee in relation to particular employment at the same time as a certified agreement applies to the employee in relation to the employment.\n(sec.19-ssec.2) If both a modern award and certified agreement apply to an employee in relation to particular employment, the certified agreement prevails to the extent of any inconsistency.\n(sec.19-ssec.3) While a project agreement operates, it operates to the exclusion of any certified agreement.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Relationship of modern award with contract of employment","content":"### sec.20 Relationship of modern award with contract of employment\n\nA modern award prevails over a relevant contract to the extent of any inconsistency.\nThe contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the modern award.\nHowever, there is no inconsistency only because the contract provides for employment conditions at least as favourable for the employee as the modern award.\nIn this section—\nrelevant contract means a contract of employment that is—\nin force when the modern award comes into operation; or\nmade while the modern award is in operation.\ns 20 amd 2022 No. 27 s 3 sch 1\n(sec.20-ssec.1) A modern award prevails over a relevant contract to the extent of any inconsistency.\n(sec.20-ssec.2) The contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the modern award.\n(sec.20-ssec.3) However, there is no inconsistency only because the contract provides for employment conditions at least as favourable for the employee as the modern award.\n(sec.20-ssec.4) In this section— relevant contract means a contract of employment that is— in force when the modern award comes into operation; or made while the modern award is in operation.\n- (a) in force when the modern award comes into operation; or\n- (b) made while the modern award is in operation.","sortOrder":24},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Queensland Employment Standards","content":"# Queensland Employment Standards","sortOrder":25},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of Queensland Employment Standards","content":"### sec.21 Meaning of Queensland Employment Standards\n\nThis part provides for minimum standards of employment of employees that apply to employees and which can not be displaced except under this chapter.\nThe minimum standards relate to the following matters—\nminimum wage— division 2 ;\nmaximum weekly hours— division 3 ;\na right to request flexible working arrangements— division 4 ;\nannual leave— division 5 ;\npersonal leave, including sick leave, carer’s leave, bereavement leave, compassionate leave and cultural leave— division 6 ;\ndomestic and family violence leave— division 7 ;\nparental leave— division 8 ;\nlong service leave— division 9 ;\npublic holidays— division 10 ;\nemergency service leave— division 11 ;\njury service leave— division 12 ;\nnotice of termination and redundancy pay— division 13 ;\nsuperannuation contributions— division 13A ;\ninformation statements— division 14 .\nDivisions 2 to 14 are the Queensland Employment Standards .\ns 21 amd 2024 No. 40 s 4\n(sec.21-ssec.1) This part provides for minimum standards of employment of employees that apply to employees and which can not be displaced except under this chapter.\n(sec.21-ssec.2) The minimum standards relate to the following matters— minimum wage— division 2 ; maximum weekly hours— division 3 ; a right to request flexible working arrangements— division 4 ; annual leave— division 5 ; personal leave, including sick leave, carer’s leave, bereavement leave, compassionate leave and cultural leave— division 6 ; domestic and family violence leave— division 7 ; parental leave— division 8 ; long service leave— division 9 ; public holidays— division 10 ; emergency service leave— division 11 ; jury service leave— division 12 ; notice of termination and redundancy pay— division 13 ; superannuation contributions— division 13A ; information statements— division 14 .\n(sec.21-ssec.3) Divisions 2 to 14 are the Queensland Employment Standards .\n- (a) minimum wage— division 2 ;\n- (b) maximum weekly hours— division 3 ;\n- (c) a right to request flexible working arrangements— division 4 ;\n- (d) annual leave— division 5 ;\n- (e) personal leave, including sick leave, carer’s leave, bereavement leave, compassionate leave and cultural leave— division 6 ;\n- (f) domestic and family violence leave— division 7 ;\n- (g) parental leave— division 8 ;\n- (h) long service leave— division 9 ;\n- (i) public holidays— division 10 ;\n- (j) emergency service leave— division 11 ;\n- (k) jury service leave— division 12 ;\n- (l) notice of termination and redundancy pay— division 13 ;\n- (m) superannuation contributions— division 13A ;\n- (n) information statements— division 14 .","sortOrder":27},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Minimum wage","content":"## Minimum wage","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Entitlement to minimum wage","content":"### sec.22 Entitlement to minimum wage\n\nAn employee is entitled to a wage that is not less than the Queensland minimum wage.\nThis section does not apply to an employee who is excluded under section 459 (2) from the operation of the full bench’s general ruling declaring the Queensland minimum wage.\n(sec.22-ssec.1) An employee is entitled to a wage that is not less than the Queensland minimum wage.\n(sec.22-ssec.2) This section does not apply to an employee who is excluded under section 459 (2) from the operation of the full bench’s general ruling declaring the Queensland minimum wage.","sortOrder":29},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Maximum weekly hours","content":"## Maximum weekly hours","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Maximum weekly hours","content":"### sec.23 Maximum weekly hours\n\nAn employer must not ask or require an employee to work more than the following number of hours in a week—\nfor a full-time employee—38 hours;\nfor an employee who is not a full-time employee—the lesser of—\n38 hours; or\nthe employee’s ordinary hours of work.\nHowever, the employer may ask or require an employee to work additional hours if the hours are reasonable under section 26 .\nThe employee may refuse to work additional hours beyond the number of hours mentioned in subsection (1) (a) or (b) if working the additional hours is not reasonable under section 26 .\nThe hours an employee works in a week under subsection (1) (a) or (b) are taken to include any hours of leave, or absence, whether paid or unpaid, that the employee takes in the week and that are authorised—\nby the employee’s employer; or\nunder a term or condition of the employee’s employment; or\nunder a law of the State or an industrial instrument.\n(sec.23-ssec.1) An employer must not ask or require an employee to work more than the following number of hours in a week— for a full-time employee—38 hours; for an employee who is not a full-time employee—the lesser of— 38 hours; or the employee’s ordinary hours of work.\n(sec.23-ssec.2) However, the employer may ask or require an employee to work additional hours if the hours are reasonable under section 26 .\n(sec.23-ssec.3) The employee may refuse to work additional hours beyond the number of hours mentioned in subsection (1) (a) or (b) if working the additional hours is not reasonable under section 26 .\n(sec.23-ssec.4) The hours an employee works in a week under subsection (1) (a) or (b) are taken to include any hours of leave, or absence, whether paid or unpaid, that the employee takes in the week and that are authorised— by the employee’s employer; or under a term or condition of the employee’s employment; or under a law of the State or an industrial instrument.\n- (a) for a full-time employee—38 hours;\n- (b) for an employee who is not a full-time employee—the lesser of— (i) 38 hours; or (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (a) by the employee’s employer; or\n- (b) under a term or condition of the employee’s employment; or\n- (c) under a law of the State or an industrial instrument.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Applicable industrial instruments may provide for averaging of hours of work","content":"### sec.24 Applicable industrial instruments may provide for averaging of hours of work\n\nAn applicable industrial instrument may include terms providing for the averaging of hours of work over a stated period.\nHowever, the average weekly hours over the period stated in the applicable industrial instrument must not exceed—\nfor a full-time employee—38 hours; or\nfor an employee who is not a full-time employee—the lesser of—\n38 hours; or\nthe employee’s ordinary hours of work.\nAn applicable industrial instrument may provide for average weekly hours that exceed the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 .\nIf an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) —\nthe hours are additional hours under section 23 ; and\nthe employee may only work the additional hours under section 23 .\nIn deciding whether the employee may work the additional hours under section 23 , regard must be had to the averaging terms under section 26 (i) .\n(sec.24-ssec.1) An applicable industrial instrument may include terms providing for the averaging of hours of work over a stated period.\n(sec.24-ssec.2) However, the average weekly hours over the period stated in the applicable industrial instrument must not exceed— for a full-time employee—38 hours; or for an employee who is not a full-time employee—the lesser of— 38 hours; or the employee’s ordinary hours of work.\n(sec.24-ssec.3) An applicable industrial instrument may provide for average weekly hours that exceed the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 .\n(sec.24-ssec.4) If an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) — the hours are additional hours under section 23 ; and the employee may only work the additional hours under section 23 . In deciding whether the employee may work the additional hours under section 23 , regard must be had to the averaging terms under section 26 (i) .\n- (a) for a full-time employee—38 hours; or\n- (b) for an employee who is not a full-time employee—the lesser of— (i) 38 hours; or (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (a) the hours are additional hours under section 23 ; and\n- (b) the employee may only work the additional hours under section 23 . Note— In deciding whether the employee may work the additional hours under section 23 , regard must be had to the averaging terms under section 26 (i) .","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Averaging of hours of work for employees not covered by applicable industrial instruments","content":"### sec.25 Averaging of hours of work for employees not covered by applicable industrial instruments\n\nAn employer and an employee who are not covered by an applicable industrial instrument may agree in writing to an averaging arrangement under which hours of work over a stated period of not more than 26 weeks are averaged.\nHowever, the average weekly hours over the period stated in the arrangement must not exceed—\nfor an employee employed on a full-time basis—38 hours; or\nfor an employee employed on a part-time or casual basis—the lesser of—\n38 hours; or\nthe employee’s ordinary hours of work.\nThe arrangement may provide for average weekly hours in excess of the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 .\nIf an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) —\nthe hours are additional hours under section 23 ; and\nthe employee may only work the additional hours under section 23 .\nIn deciding whether the employee may work the additional hours under section 23 , regard must be had to an averaging arrangement under section 26 (i) .\n(sec.25-ssec.1) An employer and an employee who are not covered by an applicable industrial instrument may agree in writing to an averaging arrangement under which hours of work over a stated period of not more than 26 weeks are averaged.\n(sec.25-ssec.2) However, the average weekly hours over the period stated in the arrangement must not exceed— for an employee employed on a full-time basis—38 hours; or for an employee employed on a part-time or casual basis—the lesser of— 38 hours; or the employee’s ordinary hours of work.\n(sec.25-ssec.3) The arrangement may provide for average weekly hours in excess of the hours mentioned in subsection (2) (a) or (b) only if the excess hours are reasonable under section 26 .\n(sec.25-ssec.4) If an employee works hours in a week in excess of the hours mentioned in subsection (2) (a) or (b) — the hours are additional hours under section 23 ; and the employee may only work the additional hours under section 23 . In deciding whether the employee may work the additional hours under section 23 , regard must be had to an averaging arrangement under section 26 (i) .\n- (a) for an employee employed on a full-time basis—38 hours; or\n- (b) for an employee employed on a part-time or casual basis—the lesser of— (i) 38 hours; or (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (i) 38 hours; or\n- (ii) the employee’s ordinary hours of work.\n- (a) the hours are additional hours under section 23 ; and\n- (b) the employee may only work the additional hours under section 23 . Note— In deciding whether the employee may work the additional hours under section 23 , regard must be had to an averaging arrangement under section 26 (i) .","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Deciding whether additional hours are reasonable","content":"### sec.26 Deciding whether additional hours are reasonable\n\nIn deciding whether additional hours are reasonable or not reasonable, the following matters must be taken into account—\nany risk to the employee’s health and safety from working the additional hours;\nthe employee’s personal circumstances, including family responsibilities;\nthe needs of the workplace in which the employee is employed;\nwhether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;\nany notice given by the employer of any request or requirement to work the additional hours;\nany notice given by the employee of the employee’s intention to refuse to work the additional hours;\nthe usual patterns of work in the calling in which the employee works;\nthe nature of the employee’s role, and the employee’s level of responsibility;\nwhether the additional hours are in accordance with averaging terms included under section 24 in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 25 ;\nany other relevant matter.\n- (a) any risk to the employee’s health and safety from working the additional hours;\n- (b) the employee’s personal circumstances, including family responsibilities;\n- (c) the needs of the workplace in which the employee is employed;\n- (d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;\n- (e) any notice given by the employer of any request or requirement to work the additional hours;\n- (f) any notice given by the employee of the employee’s intention to refuse to work the additional hours;\n- (g) the usual patterns of work in the calling in which the employee works;\n- (h) the nature of the employee’s role, and the employee’s level of responsibility;\n- (i) whether the additional hours are in accordance with averaging terms included under section 24 in an applicable industrial instrument that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 25 ;\n- (j) any other relevant matter.","sortOrder":34},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Flexible working arrangements","content":"## Flexible working arrangements","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Request for flexible working arrangements","content":"### sec.27 Request for flexible working arrangements\n\nAn employee may ask the employee’s employer for a change in the way the employee works, including—\nthe employee’s ordinary hours of work; and\nthe place where the employee works; and\na change to the way the employee works, for example, the use of different equipment as a result of a disability, illness or injury.\nThe request must—\nbe in writing; and\nstate the change in the way the employee works in sufficient detail to allow the employer to make a decision about the request; and\nstate the reasons for the change.\n(sec.27-ssec.1) An employee may ask the employee’s employer for a change in the way the employee works, including— the employee’s ordinary hours of work; and the place where the employee works; and a change to the way the employee works, for example, the use of different equipment as a result of a disability, illness or injury.\n(sec.27-ssec.2) The request must— be in writing; and state the change in the way the employee works in sufficient detail to allow the employer to make a decision about the request; and state the reasons for the change.\n- (a) the employee’s ordinary hours of work; and\n- (b) the place where the employee works; and\n- (c) a change to the way the employee works, for example, the use of different equipment as a result of a disability, illness or injury.\n- (a) be in writing; and\n- (b) state the change in the way the employee works in sufficient detail to allow the employer to make a decision about the request; and\n- (c) state the reasons for the change.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Decision about request for flexible working arrangements","content":"### sec.28 Decision about request for flexible working arrangements\n\nThe employer may decide to—\ngrant the request; or\ngrant the request in part or subject to conditions; or\nrefuse the request.\nThe employer may grant the request in part or subject to conditions, or refuse the request, only on reasonable grounds.\nThe employer must give the employee written notice about its decision within 21 days after receiving the request.\nIf the employer decides to grant the request in part or subject to conditions or to refuse the request, the written notice about the decision must state—\nthe written reasons for the decision, outlining the reasonable grounds for granting the request in part or subject to conditions or for the refusal; and\nthat the commission has jurisdiction to hear and decide a dispute over the request under chapter 6 .\n(sec.28-ssec.1) The employer may decide to— grant the request; or grant the request in part or subject to conditions; or refuse the request.\n(sec.28-ssec.2) The employer may grant the request in part or subject to conditions, or refuse the request, only on reasonable grounds.\n(sec.28-ssec.3) The employer must give the employee written notice about its decision within 21 days after receiving the request.\n(sec.28-ssec.4) If the employer decides to grant the request in part or subject to conditions or to refuse the request, the written notice about the decision must state— the written reasons for the decision, outlining the reasonable grounds for granting the request in part or subject to conditions or for the refusal; and that the commission has jurisdiction to hear and decide a dispute over the request under chapter 6 .\n- (a) grant the request; or\n- (b) grant the request in part or subject to conditions; or\n- (c) refuse the request.\n- (a) the written reasons for the decision, outlining the reasonable grounds for granting the request in part or subject to conditions or for the refusal; and\n- (b) that the commission has jurisdiction to hear and decide a dispute over the request under chapter 6 .","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Deemed refusal of request for flexible working arrangements","content":"### sec.29 Deemed refusal of request for flexible working arrangements\n\nIf the employer does not give the written notice about the employer’s decision within 21 days after receiving the request, the employer is taken to have decided to refuse the request.\nThe commission has jurisdiction to hear and decide a dispute over the request under chapter 6 .","sortOrder":38},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Annual leave","content":"## Annual leave","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application of subdivision","content":"### sec.30 Application of subdivision\n\nThis subdivision does not apply to—\ncasual employees; or\npieceworkers; or\nschool-based apprentices or trainees.\n- (a) casual employees; or\n- (b) pieceworkers; or\n- (c) school-based apprentices or trainees.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Entitlement","content":"### sec.31 Entitlement\n\nFor each completed year of employment with an employer, an employee is entitled to—\nif the employee is not a shift worker—at least 4 weeks annual leave; or\nif the employee is a shift worker—at least 5 weeks annual leave.\nAnnual leave is exclusive of a public holiday that falls during the leave.\nHowever, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.\nAnnual leave accumulates.\nThis section does not confer an entitlement or an additional entitlement in relation to employment before 4 June 1999.\nIn this section—\nshift worker means an employee who—\nis employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and\nworks a rotating roster that includes each of the shifts.\n(sec.31-ssec.1) For each completed year of employment with an employer, an employee is entitled to— if the employee is not a shift worker—at least 4 weeks annual leave; or if the employee is a shift worker—at least 5 weeks annual leave.\n(sec.31-ssec.2) Annual leave is exclusive of a public holiday that falls during the leave.\n(sec.31-ssec.3) However, if an employee is entitled to additional annual leave as compensation for working on a particular public holiday, annual leave is inclusive of the particular public holiday.\n(sec.31-ssec.4) Annual leave accumulates.\n(sec.31-ssec.5) This section does not confer an entitlement or an additional entitlement in relation to employment before 4 June 1999.\n(sec.31-ssec.6) In this section— shift worker means an employee who— is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and works a rotating roster that includes each of the shifts.\n- (a) if the employee is not a shift worker—at least 4 weeks annual leave; or\n- (b) if the employee is a shift worker—at least 5 weeks annual leave.\n- (a) is employed in a calling in which shifts are worked 24 hours a day, 7 days a week; and\n- (b) works a rotating roster that includes each of the shifts.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Working out completed year of employment","content":"### sec.32 Working out completed year of employment\n\nThis section applies for working out a completed year of employment for section 31 .\nThe following periods when an employee is absent without pay are not to be taken into account—\na period of more than 3 months when an employee is absent with the employer’s approval;\na period when an employee is absent without the employer’s approval, unless the employee is absent for not more than 3 months because of illness or injury that is certified by a doctor.\n(sec.32-ssec.1) This section applies for working out a completed year of employment for section 31 .\n(sec.32-ssec.2) The following periods when an employee is absent without pay are not to be taken into account— a period of more than 3 months when an employee is absent with the employer’s approval; a period when an employee is absent without the employer’s approval, unless the employee is absent for not more than 3 months because of illness or injury that is certified by a doctor.\n- (a) a period of more than 3 months when an employee is absent with the employer’s approval;\n- (b) a period when an employee is absent without the employer’s approval, unless the employee is absent for not more than 3 months because of illness or injury that is certified by a doctor.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"When annual leave may be taken","content":"### sec.33 When annual leave may be taken\n\nAn employee and employer may agree when the employee is to take annual leave.\nThe employer must not unreasonably refuse to agree when the employee is to take the leave.\nIf the employee and employer can not agree, the employer—\nmay decide when the employee is to take leave; and\nmust give the employee at least 8 weeks written notice of the starting date of the leave.\nAn employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it.\nIf the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year.\n(sec.33-ssec.1) An employee and employer may agree when the employee is to take annual leave.\n(sec.33-ssec.2) The employer must not unreasonably refuse to agree when the employee is to take the leave.\n(sec.33-ssec.3) If the employee and employer can not agree, the employer— may decide when the employee is to take leave; and must give the employee at least 8 weeks written notice of the starting date of the leave.\n(sec.33-ssec.4) An employee and employer may agree that the employee take all or any part of the employee’s annual leave before becoming entitled to it.\n(sec.33-ssec.5) If the employee takes leave before becoming entitled to it, the employee is only entitled, at the end of the completed year of employment, to the balance of the leave that would be due at the end of the year.\n- (a) may decide when the employee is to take leave; and\n- (b) must give the employee at least 8 weeks written notice of the starting date of the leave.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Terms that may be included in applicable industrial instruments","content":"### sec.34 Terms that may be included in applicable industrial instruments\n\nAn applicable industrial instrument may include the following—\nterms requiring an employee to take annual leave in particular circumstances, but only if the requirement is reasonable;\nterms otherwise dealing with the taking of annual leave.\n- (a) terms requiring an employee to take annual leave in particular circumstances, but only if the requirement is reasonable;\n- (b) terms otherwise dealing with the taking of annual leave.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Payment for annual leave","content":"### sec.35 Payment for annual leave\n\nUnless an employee and employer otherwise agree, the employer must pay the employee for annual leave in advance.\nThe employer must pay for the leave—\nat the ordinary rate being paid to the employee immediately before the leave is taken; or\nif, immediately before taking the leave, the employee is being paid at a higher rate than the ordinary rate—at the higher rate.\nIf an employee is entitled to receive an amount representing commission in the employee’s annual leave payment, the employer must pay the default average commission unless—\na relevant industrial instrument, or a contract between the employer and employee, otherwise provides; or\nthe commission, on application, considers the default average commission would not represent a fair amount in the circumstances.\nIf, on application under subsection (3) (b) , the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.\nIn this section—\ndefault average commission means the amount worked out by the following formula—\nwhere—\ndac means the default average commission.\nc means the lesser of the following total commissions—\ntotal commissions payable to the employee in the 1 year before the leave is taken;\ntotal commissions payable to the employee during the employee’s period of employment.\nd means the lesser of the following—\n365.25;\nthe number of days in the employee’s period of employment.\nld means the number of days in the period starting on the day the leave starts and ending on the day before the employee is to return to work.\n(sec.35-ssec.1) Unless an employee and employer otherwise agree, the employer must pay the employee for annual leave in advance.\n(sec.35-ssec.2) The employer must pay for the leave— at the ordinary rate being paid to the employee immediately before the leave is taken; or if, immediately before taking the leave, the employee is being paid at a higher rate than the ordinary rate—at the higher rate.\n(sec.35-ssec.3) If an employee is entitled to receive an amount representing commission in the employee’s annual leave payment, the employer must pay the default average commission unless— a relevant industrial instrument, or a contract between the employer and employee, otherwise provides; or the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.\n(sec.35-ssec.4) If, on application under subsection (3) (b) , the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.\n(sec.35-ssec.5) In this section— default average commission means the amount worked out by the following formula— where— dac means the default average commission. c means the lesser of the following total commissions— total commissions payable to the employee in the 1 year before the leave is taken; total commissions payable to the employee during the employee’s period of employment. d means the lesser of the following— 365.25; the number of days in the employee’s period of employment. ld means the number of days in the period starting on the day the leave starts and ending on the day before the employee is to return to work.\n- (a) at the ordinary rate being paid to the employee immediately before the leave is taken; or\n- (b) if, immediately before taking the leave, the employee is being paid at a higher rate than the ordinary rate—at the higher rate.\n- (a) a relevant industrial instrument, or a contract between the employer and employee, otherwise provides; or\n- (b) the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.\n- (a) total commissions payable to the employee in the 1 year before the leave is taken;\n- (b) total commissions payable to the employee during the employee’s period of employment.\n- (a) 365.25;\n- (b) the number of days in the employee’s period of employment.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Annual leave loading","content":"### sec.36 Annual leave loading\n\nIn addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17½% of the amount payable under section 35 (2) (a) .\nHowever, if the employee’s employer pays the employee a prescribed additional amount and the amount—\nis less than 17½% of the amount payable under section 35 (2) (a) —the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1) ; or\nis at least 17½% of the amount payable under section 35 (2) (a) —the employee is not entitled to receive an amount under subsection (1) .\nIn this section—\nprescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division.\nannual leave bonus, annual leave loading\n(sec.36-ssec.1) In addition to the employee’s annual leave entitlement under this division, the employee is entitled to receive a further amount of at least 17½% of the amount payable under section 35 (2) (a) .\n(sec.36-ssec.2) However, if the employee’s employer pays the employee a prescribed additional amount and the amount— is less than 17½% of the amount payable under section 35 (2) (a) —the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1) ; or is at least 17½% of the amount payable under section 35 (2) (a) —the employee is not entitled to receive an amount under subsection (1) .\n(sec.36-ssec.3) In this section— prescribed additional amount means an amount, however described, in addition to the employee’s annual leave entitlement under this division. annual leave bonus, annual leave loading\n- (a) is less than 17½% of the amount payable under section 35 (2) (a) —the employee is entitled to receive a further amount so the employee receives the amount the employee is entitled to under subsection (1) ; or\n- (b) is at least 17½% of the amount payable under section 35 (2) (a) —the employee is not entitled to receive an amount under subsection (1) .","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Requirements for cashing out annual leave","content":"### sec.37 Requirements for cashing out annual leave\n\nAnnual leave may not be cashed out except under this section.\nAn employer and an employee may agree to the employee cashing out a particular amount of the employee’s annual leave.\nThe employer and employee must not agree to the employee cashing out an amount of annual leave if the cashing out would result in the employee’s accrued annual leave entitlement being less than 4 weeks.\nEach cashing out of a particular amount of annual leave must be by a separate agreement in writing.\nThe employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the annual leave that has been forgone.\n(sec.37-ssec.1) Annual leave may not be cashed out except under this section.\n(sec.37-ssec.2) An employer and an employee may agree to the employee cashing out a particular amount of the employee’s annual leave.\n(sec.37-ssec.3) The employer and employee must not agree to the employee cashing out an amount of annual leave if the cashing out would result in the employee’s accrued annual leave entitlement being less than 4 weeks.\n(sec.37-ssec.4) Each cashing out of a particular amount of annual leave must be by a separate agreement in writing.\n(sec.37-ssec.5) The employer must pay the employee at least the full amount that would have been payable to the employee had the employee taken the annual leave that has been forgone.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Payment for annual leave on termination of employment","content":"### sec.38 Payment for annual leave on termination of employment\n\nThis section applies if an employee’s employment is terminated by the employee or employer.\nIf the employee has not taken all the annual leave the employee is entitled to, the employee is presumed to have taken the leave from the day the termination takes effect (the termination day ).\nThe employer must pay the employee for the annual leave not taken, including—\nany public holiday during the period the employee is presumed to have taken the leave; and\nany annual leave loading the employee is entitled to under section 36 .\nIf the employee has worked part of a year, the employer must pay the employee the proportionate annual leave for the part of the year the employee worked, including any annual leave loading the employee is entitled to under section 36 .\nThe employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless an applicable industrial instrument states otherwise.\n(sec.38-ssec.1) This section applies if an employee’s employment is terminated by the employee or employer.\n(sec.38-ssec.2) If the employee has not taken all the annual leave the employee is entitled to, the employee is presumed to have taken the leave from the day the termination takes effect (the termination day ).\n(sec.38-ssec.3) The employer must pay the employee for the annual leave not taken, including— any public holiday during the period the employee is presumed to have taken the leave; and any annual leave loading the employee is entitled to under section 36 .\n(sec.38-ssec.4) If the employee has worked part of a year, the employer must pay the employee the proportionate annual leave for the part of the year the employee worked, including any annual leave loading the employee is entitled to under section 36 .\n(sec.38-ssec.5) The employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless an applicable industrial instrument states otherwise.\n- (a) any public holiday during the period the employee is presumed to have taken the leave; and\n- (b) any annual leave loading the employee is entitled to under section 36 .","sortOrder":48},{"sectionNumber":"ch.2-pt.3-div.6","sectionType":"division","heading":"Personal leave","content":"## Personal leave","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of subdivision","content":"### sec.39 Application of subdivision\n\nThis subdivision does not apply to—\ncasual employees; or\npieceworkers; or\nschool-based apprentices or trainees.\n- (a) casual employees; or\n- (b) pieceworkers; or\n- (c) school-based apprentices or trainees.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Entitlement to sick leave","content":"### sec.40 Entitlement to sick leave\n\nAn employee is entitled to at least 10 days sick leave on full pay for each completed year of employment with an employer.\nAn employee’s entitlement to paid sick leave accumulates—\nprogressively during a year of employment according to the employee’s ordinary hours of work; and\nfrom year to year.\nSick leave may be taken for part of a day.\nAn employee is ordinarily required to work for 7.6 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 4.6 hours that the employee is unable to work because of the sickness.\nAn employee is ordinarily required to perform work for 38 hours a week over 5 days, but has come to an arrangement with the employer to work 9.5 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 9.5 hours sick leave, which equates to 11/4 days sick leave.\nSick leave is exclusive of a public holiday that falls during the leave.\nThis section does not confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.\nIn this section—\nday , for an employee who is paid on the basis of the number of hours worked, means—\nfor an employee for whom an applicable industrial instrument provides sick leave—a day within the meaning of the instrument to the extent it relates to sick leave; or\notherwise—one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.\ns 40 amd 2022 No. 27 s 5\n(sec.40-ssec.1) An employee is entitled to at least 10 days sick leave on full pay for each completed year of employment with an employer.\n(sec.40-ssec.2) An employee’s entitlement to paid sick leave accumulates— progressively during a year of employment according to the employee’s ordinary hours of work; and from year to year.\n(sec.40-ssec.3) Sick leave may be taken for part of a day. An employee is ordinarily required to work for 7.6 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 4.6 hours that the employee is unable to work because of the sickness. An employee is ordinarily required to perform work for 38 hours a week over 5 days, but has come to an arrangement with the employer to work 9.5 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 9.5 hours sick leave, which equates to 11/4 days sick leave.\n(sec.40-ssec.4) Sick leave is exclusive of a public holiday that falls during the leave.\n(sec.40-ssec.5) This section does not confer an entitlement or an additional entitlement in relation to employment before the commencement of this section.\n(sec.40-ssec.6) In this section— day , for an employee who is paid on the basis of the number of hours worked, means— for an employee for whom an applicable industrial instrument provides sick leave—a day within the meaning of the instrument to the extent it relates to sick leave; or otherwise—one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.\n- (a) progressively during a year of employment according to the employee’s ordinary hours of work; and\n- (b) from year to year.\n- 1 An employee is ordinarily required to work for 7.6 hours on a particular day and on that day becomes sick after working 3 hours. The employee may take sick leave for the remaining 4.6 hours that the employee is unable to work because of the sickness.\n- 2 An employee is ordinarily required to perform work for 38 hours a week over 5 days, but has come to an arrangement with the employer to work 9.5 hours a day for 4 days a week. If the employee is unable to work because of sickness on a day, the employee may take 9.5 hours sick leave, which equates to 11/4 days sick leave.\n- (a) for an employee for whom an applicable industrial instrument provides sick leave—a day within the meaning of the instrument to the extent it relates to sick leave; or\n- (b) otherwise—one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Requirement for employee to give notice etc.","content":"### sec.41 Requirement for employee to give notice etc.\n\nAn employee’s entitlement under section 40 is conditional on—\nthe employee promptly notifying the employer of—\nany illness that will cause the employee to be absent from work; and\nthe approximate period for which the employee will be absent; and\nif the employee is absent for more than 2 days and the employer requires evidence of the illness—the employee giving the employer sufficient evidence of the illness to satisfy a reasonable person.\nThis section does not apply if—\nan applicable industrial instrument provides otherwise; or\nthe employee and employer agree otherwise.\ns 41 amd 2022 No. 27 s 6\n(sec.41-ssec.1) An employee’s entitlement under section 40 is conditional on— the employee promptly notifying the employer of— any illness that will cause the employee to be absent from work; and the approximate period for which the employee will be absent; and if the employee is absent for more than 2 days and the employer requires evidence of the illness—the employee giving the employer sufficient evidence of the illness to satisfy a reasonable person.\n(sec.41-ssec.2) This section does not apply if— an applicable industrial instrument provides otherwise; or the employee and employer agree otherwise.\n- (a) the employee promptly notifying the employer of— (i) any illness that will cause the employee to be absent from work; and (ii) the approximate period for which the employee will be absent; and\n- (i) any illness that will cause the employee to be absent from work; and\n- (ii) the approximate period for which the employee will be absent; and\n- (b) if the employee is absent for more than 2 days and the employer requires evidence of the illness—the employee giving the employer sufficient evidence of the illness to satisfy a reasonable person.\n- (i) any illness that will cause the employee to be absent from work; and\n- (ii) the approximate period for which the employee will be absent; and\n- (a) an applicable industrial instrument provides otherwise; or\n- (b) the employee and employer agree otherwise.","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Entitlement—employees other than casual employees","content":"### sec.42 Entitlement—employees other than casual employees\n\nThis section does not apply to a casual employee.\nAn employee may take up to 10 days of sick leave each year on full pay ( carer’s leave ) to care for or support—\na person who is a member of the employee’s immediate family or household—\nwhen the person is ill; or\nbecause an unexpected emergency arises in relation to the person; or\na person who has experienced domestic violence.\nIf the employee has exhausted the entitlement under subsection (2) , the employee may take up to an additional 2 days unpaid carer’s leave each time the employee needs to take the leave.\nThe employee may take additional unpaid carer’s leave with the employer’s agreement.\nCarer’s leave may be taken for part of a day.\nIn this section—\nsick leave includes sick leave accrued before the commencement of this section.\n(sec.42-ssec.1) This section does not apply to a casual employee.\n(sec.42-ssec.2) An employee may take up to 10 days of sick leave each year on full pay ( carer’s leave ) to care for or support— a person who is a member of the employee’s immediate family or household— when the person is ill; or because an unexpected emergency arises in relation to the person; or a person who has experienced domestic violence.\n(sec.42-ssec.3) If the employee has exhausted the entitlement under subsection (2) , the employee may take up to an additional 2 days unpaid carer’s leave each time the employee needs to take the leave.\n(sec.42-ssec.4) The employee may take additional unpaid carer’s leave with the employer’s agreement.\n(sec.42-ssec.5) Carer’s leave may be taken for part of a day.\n(sec.42-ssec.6) In this section— sick leave includes sick leave accrued before the commencement of this section.\n- (a) a person who is a member of the employee’s immediate family or household— (i) when the person is ill; or (ii) because an unexpected emergency arises in relation to the person; or\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or\n- (b) a person who has experienced domestic violence.\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Entitlement—long term casual employees","content":"### sec.43 Entitlement—long term casual employees\n\nThis section applies to a long term casual employee.\nThe employee is entitled to 10 days of leave (also carer’s leave ) in each year to care for or support—\na person who is a member of the employee’s immediate family or household—\nwhen the person is ill; or\nbecause an unexpected emergency arises in relation to the person; or\na person who has experienced domestic violence.\nThe employee may take additional carer’s leave if the employer agrees.\nCarer’s leave may be taken for part of a day.\nThe employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.\nLeave taken under this section is unpaid.\n(sec.43-ssec.1) This section applies to a long term casual employee.\n(sec.43-ssec.2) The employee is entitled to 10 days of leave (also carer’s leave ) in each year to care for or support— a person who is a member of the employee’s immediate family or household— when the person is ill; or because an unexpected emergency arises in relation to the person; or a person who has experienced domestic violence.\n(sec.43-ssec.3) The employee may take additional carer’s leave if the employer agrees.\n(sec.43-ssec.4) Carer’s leave may be taken for part of a day.\n(sec.43-ssec.5) The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.\n(sec.43-ssec.6) Leave taken under this section is unpaid.\n- (a) a person who is a member of the employee’s immediate family or household— (i) when the person is ill; or (ii) because an unexpected emergency arises in relation to the person; or\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or\n- (b) a person who has experienced domestic violence.\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Entitlement—short term casual employees","content":"### sec.44 Entitlement—short term casual employees\n\nThis section applies to a short term casual employee.\nThe employee is entitled to leave work or to be unavailable to attend work for up to 2 days (also carer’s leave ) each time the employee needs to care for or support—\na person who is a member of the employee’s immediate family or household—\nwhen the person is ill; or\nbecause an unexpected emergency arises in relation to the person; or\na person who has experienced domestic violence; or\nmembers of the employee’s immediate family or household because of the birth of a child.\nThe employee may leave work or be unavailable to attend work to take carer’s leave for additional periods if the employer agrees.\nCarer’s leave may be taken for part of a day.\nThe employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.\nHowever, the rights of an employer not to re-engage the employee are not otherwise affected.\n(sec.44-ssec.1) This section applies to a short term casual employee.\n(sec.44-ssec.2) The employee is entitled to leave work or to be unavailable to attend work for up to 2 days (also carer’s leave ) each time the employee needs to care for or support— a person who is a member of the employee’s immediate family or household— when the person is ill; or because an unexpected emergency arises in relation to the person; or a person who has experienced domestic violence; or members of the employee’s immediate family or household because of the birth of a child.\n(sec.44-ssec.3) The employee may leave work or be unavailable to attend work to take carer’s leave for additional periods if the employer agrees.\n(sec.44-ssec.4) Carer’s leave may be taken for part of a day.\n(sec.44-ssec.5) The employer must not fail to re-engage the employee only because the employee has taken carer’s leave under this section.\n(sec.44-ssec.6) However, the rights of an employer not to re-engage the employee are not otherwise affected.\n- (a) a person who is a member of the employee’s immediate family or household— (i) when the person is ill; or (ii) because an unexpected emergency arises in relation to the person; or\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or\n- (b) a person who has experienced domestic violence; or\n- (c) members of the employee’s immediate family or household because of the birth of a child.\n- (i) when the person is ill; or\n- (ii) because an unexpected emergency arises in relation to the person; or","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Employee to provide evidence to employer","content":"### sec.45 Employee to provide evidence to employer\n\nIf an employee takes carer’s leave to care for or support a person who is ill for more than 2 consecutive days, the employee must, if required by the employer, give the employer sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.\nIf an employee takes carer’s leave to care for or support a person who has experienced domestic violence, the employee must, if required by the employer, give the employer—\na statutory declaration evidencing that the leave is necessary; or\nevidence mentioned in section 45 (3) (a) to (d) .\nThe employee must give the employer—\nnotice of the intention to take carer’s leave; and\nthe name of the person requiring care and the person’s relationship to the employee; and\nthe reason for taking the leave; and\nthe period the employee estimates the employee will be absent; and\nif the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.\nThe information mentioned in subsection (3) (a) to (e) must be given to the employer—\nif practicable, before the employee takes the leave; or\notherwise, at the first reasonable opportunity.\nAn employer who receives evidence under this section about a person who has experienced domestic and family violence must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.\ns 45 amd 2022 No. 27 s 7\n(sec.45-ssec.1) If an employee takes carer’s leave to care for or support a person who is ill for more than 2 consecutive days, the employee must, if required by the employer, give the employer sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.\n(sec.45-ssec.2) If an employee takes carer’s leave to care for or support a person who has experienced domestic violence, the employee must, if required by the employer, give the employer— a statutory declaration evidencing that the leave is necessary; or evidence mentioned in section 45 (3) (a) to (d) .\n(sec.45-ssec.3) The employee must give the employer— notice of the intention to take carer’s leave; and the name of the person requiring care and the person’s relationship to the employee; and the reason for taking the leave; and the period the employee estimates the employee will be absent; and if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.\n(sec.45-ssec.4) The information mentioned in subsection (3) (a) to (e) must be given to the employer— if practicable, before the employee takes the leave; or otherwise, at the first reasonable opportunity.\n(sec.45-ssec.5) An employer who receives evidence under this section about a person who has experienced domestic and family violence must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.\n- (a) a statutory declaration evidencing that the leave is necessary; or\n- (b) evidence mentioned in section 45 (3) (a) to (d) .\n- (a) notice of the intention to take carer’s leave; and\n- (b) the name of the person requiring care and the person’s relationship to the employee; and\n- (c) the reason for taking the leave; and\n- (d) the period the employee estimates the employee will be absent; and\n- (e) if the reason for taking the leave is because an unexpected emergency has arisen—the nature of the emergency.\n- (a) if practicable, before the employee takes the leave; or\n- (b) otherwise, at the first reasonable opportunity.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of subdivision","content":"### sec.46 Application of subdivision\n\nThis subdivision does not apply to pieceworkers.","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Entitlement—employees other than casual employees","content":"### sec.47 Entitlement—employees other than casual employees\n\nThis section applies to an employee, other than a casual employee.\nThe employee is entitled to—\nat least 2 days bereavement leave on full pay on each occasion when—\na member of the employee’s immediate family or household dies; or\nthe employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\nif the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\nAlso, the employee is entitled to 2 days compassionate leave on full pay on each occasion when a member of the employee’s immediate family or household—\ncontracts or develops a personal illness that poses a serious threat to the person’s life; or\nsustains a personal injury that poses a serious threat to the person’s life.\n(sec.47-ssec.1) This section applies to an employee, other than a casual employee.\n(sec.47-ssec.2) The employee is entitled to— at least 2 days bereavement leave on full pay on each occasion when— a member of the employee’s immediate family or household dies; or the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n(sec.47-ssec.3) Also, the employee is entitled to 2 days compassionate leave on full pay on each occasion when a member of the employee’s immediate family or household— contracts or develops a personal illness that poses a serious threat to the person’s life; or sustains a personal injury that poses a serious threat to the person’s life.\n- (a) at least 2 days bereavement leave on full pay on each occasion when— (i) a member of the employee’s immediate family or household dies; or (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (a) contracts or develops a personal illness that poses a serious threat to the person’s life; or\n- (b) sustains a personal injury that poses a serious threat to the person’s life.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Entitlement—casual employees","content":"### sec.48 Entitlement—casual employees\n\nA long term casual employee is entitled to—\nat least 2 days unpaid bereavement leave on each occasion when—\na member of the employee’s immediate family or household dies; or\nthe employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\nif the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\nA short term casual employee is entitled to be unavailable to attend work for—\nat least 2 days on unpaid bereavement leave on each occasion when—\na member of the employee’s immediate family or household dies; or\nthe employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\nif the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\nAlso, a casual employee is entitled to 2 days unpaid compassionate leave on each occasion when a member of the employee’s immediate family or household—\ncontracts or develops a personal illness that poses a serious threat to the person’s life; or\nsustains a personal injury that poses a serious threat to the person’s life.\nThe employer must not fail to re-engage a casual employee only because the employee has taken bereavement leave or compassionate leave under this section.\nHowever, the rights of an employer not to re-engage a casual employee are not otherwise affected.\n(sec.48-ssec.1) A long term casual employee is entitled to— at least 2 days unpaid bereavement leave on each occasion when— a member of the employee’s immediate family or household dies; or the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n(sec.48-ssec.2) A short term casual employee is entitled to be unavailable to attend work for— at least 2 days on unpaid bereavement leave on each occasion when— a member of the employee’s immediate family or household dies; or the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n(sec.48-ssec.3) Also, a casual employee is entitled to 2 days unpaid compassionate leave on each occasion when a member of the employee’s immediate family or household— contracts or develops a personal illness that poses a serious threat to the person’s life; or sustains a personal injury that poses a serious threat to the person’s life.\n(sec.48-ssec.4) The employer must not fail to re-engage a casual employee only because the employee has taken bereavement leave or compassionate leave under this section.\n(sec.48-ssec.5) However, the rights of an employer not to re-engage a casual employee are not otherwise affected.\n- (a) at least 2 days unpaid bereavement leave on each occasion when— (i) a member of the employee’s immediate family or household dies; or (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (a) at least 2 days on unpaid bereavement leave on each occasion when— (i) a member of the employee’s immediate family or household dies; or (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (b) if the employee reasonably requires extra time to travel to and from the funeral or other ceremony for the death—an amount of unpaid bereavement leave equal to the time reasonably required for the travel.\n- (i) a member of the employee’s immediate family or household dies; or\n- (ii) the employee, or the employee’s spouse, is pregnant and the pregnancy ends other than by the birth of a living child; and\n- (a) contracts or develops a personal illness that poses a serious threat to the person’s life; or\n- (b) sustains a personal injury that poses a serious threat to the person’s life.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Evidence to be provided by employee","content":"### sec.49 Evidence to be provided by employee\n\nAn employee who takes bereavement leave must give the employer a copy of the funeral notice or other evidence of the death the employer reasonably requires.\nAn employee who takes compassionate leave must give the employer sufficient evidence to satisfy a reasonable person that the employee was taking compassionate leave because a member of the employee’s family or household’s life was threatened by personal illness or personal injury.\n(sec.49-ssec.1) An employee who takes bereavement leave must give the employer a copy of the funeral notice or other evidence of the death the employer reasonably requires.\n(sec.49-ssec.2) An employee who takes compassionate leave must give the employer sufficient evidence to satisfy a reasonable person that the employee was taking compassionate leave because a member of the employee’s family or household’s life was threatened by personal illness or personal injury.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Additional leave","content":"### sec.50 Additional leave\n\nAn employee may take additional leave as unpaid bereavement leave or compassionate leave if the employer agrees.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Entitlement","content":"### sec.51 Entitlement\n\nThis section applies to an employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony.\nThe employee may take up to 5 days unpaid cultural leave in each year, if the employer agrees.\nThe employer must not unreasonably refuse the leave.\nIn considering the employee’s request for leave, the employer must consider at least the following—\nthe employer’s capacity to reorganise work arrangements to accommodate the employee’s request;\nthe impact of the employee’s absence on the delivery of customer service;\nthe particular circumstances of the employee;\nthe impact of a refusal on the employee, including the employee’s ability to balance work and family responsibilities.\nThe employee must, if practicable, give the employer—\nreasonable notice of the intention to take cultural leave before taking the leave; and\nthe reason for taking the leave; and\nthe period that the employee estimates the employee will be absent.\nIf it is not practicable for the employee to give the notice before taking the leave, the employee must give the employer notice of the matters in subsection (5) (b) and (c) at the first opportunity.\nIt is declared that leave provided under this section is a welfare measure for the purposes of the Anti-Discrimination Act 1991 , section 104 .\n(sec.51-ssec.1) This section applies to an employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony.\n(sec.51-ssec.2) The employee may take up to 5 days unpaid cultural leave in each year, if the employer agrees.\n(sec.51-ssec.3) The employer must not unreasonably refuse the leave.\n(sec.51-ssec.4) In considering the employee’s request for leave, the employer must consider at least the following— the employer’s capacity to reorganise work arrangements to accommodate the employee’s request; the impact of the employee’s absence on the delivery of customer service; the particular circumstances of the employee; the impact of a refusal on the employee, including the employee’s ability to balance work and family responsibilities.\n(sec.51-ssec.5) The employee must, if practicable, give the employer— reasonable notice of the intention to take cultural leave before taking the leave; and the reason for taking the leave; and the period that the employee estimates the employee will be absent.\n(sec.51-ssec.6) If it is not practicable for the employee to give the notice before taking the leave, the employee must give the employer notice of the matters in subsection (5) (b) and (c) at the first opportunity.\n(sec.51-ssec.7) It is declared that leave provided under this section is a welfare measure for the purposes of the Anti-Discrimination Act 1991 , section 104 .\n- (a) the employer’s capacity to reorganise work arrangements to accommodate the employee’s request;\n- (b) the impact of the employee’s absence on the delivery of customer service;\n- (c) the particular circumstances of the employee;\n- (d) the impact of a refusal on the employee, including the employee’s ability to balance work and family responsibilities.\n- (a) reasonable notice of the intention to take cultural leave before taking the leave; and\n- (b) the reason for taking the leave; and\n- (c) the period that the employee estimates the employee will be absent.","sortOrder":62},{"sectionNumber":"ch.2-pt.3-div.7","sectionType":"division","heading":"Domestic and family violence leave","content":"## Domestic and family violence leave","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Entitlement to domestic and family violence leave","content":"### sec.52 Entitlement to domestic and family violence leave\n\nAn employee, including a casual employee, is entitled to 10 days of domestic and family violence leave on full pay in a year if—\nthe employee has experienced domestic violence; and\nthe employee needs to take domestic and family violence leave as a result of the domestic violence.\nWithout limiting subsection (1) , the employee may need to take domestic and family violence leave if the employee is—\nrecovering from an injury caused by the violence; or\nattending an appointment related to the violence, including an appointment to attend counselling, to obtain legal advice, for medical treatment or with police officers; or\npreparing for a court appearance related to the violence; or\nattending court for a proceeding related to the violence; or\nfinding housing that is necessary because of the violence; or\norganising child care or the education of a child that is necessary because of the violence.\nIf an employee has exhausted the entitlement under subsection (1) the employee may, with the employer’s agreement, take additional days of unpaid domestic and family violence leave.\nDomestic and family violence leave may be taken for part of a day.\nAn employee’s entitlement to domestic and family violence leave under subsection (1) does not accumulate from year to year.\nThe employer must not fail to re-engage a casual employee only because the employee has taken domestic and family violence leave.\nIn this section—\nday , for an employee mentioned in subsection (1) who is paid on the basis of the number of hours worked, means one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.\ns 52 amd 2022 No. 27 s 7A\n(sec.52-ssec.1) An employee, including a casual employee, is entitled to 10 days of domestic and family violence leave on full pay in a year if— the employee has experienced domestic violence; and the employee needs to take domestic and family violence leave as a result of the domestic violence.\n(sec.52-ssec.2) Without limiting subsection (1) , the employee may need to take domestic and family violence leave if the employee is— recovering from an injury caused by the violence; or attending an appointment related to the violence, including an appointment to attend counselling, to obtain legal advice, for medical treatment or with police officers; or preparing for a court appearance related to the violence; or attending court for a proceeding related to the violence; or finding housing that is necessary because of the violence; or organising child care or the education of a child that is necessary because of the violence.\n(sec.52-ssec.3) If an employee has exhausted the entitlement under subsection (1) the employee may, with the employer’s agreement, take additional days of unpaid domestic and family violence leave.\n(sec.52-ssec.4) Domestic and family violence leave may be taken for part of a day.\n(sec.52-ssec.5) An employee’s entitlement to domestic and family violence leave under subsection (1) does not accumulate from year to year.\n(sec.52-ssec.6) The employer must not fail to re-engage a casual employee only because the employee has taken domestic and family violence leave.\n(sec.52-ssec.7) In this section— day , for an employee mentioned in subsection (1) who is paid on the basis of the number of hours worked, means one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.\n- (a) the employee has experienced domestic violence; and\n- (b) the employee needs to take domestic and family violence leave as a result of the domestic violence.\n- (a) recovering from an injury caused by the violence; or\n- (b) attending an appointment related to the violence, including an appointment to attend counselling, to obtain legal advice, for medical treatment or with police officers; or\n- (c) preparing for a court appearance related to the violence; or\n- (d) attending court for a proceeding related to the violence; or\n- (e) finding housing that is necessary because of the violence; or\n- (f) organising child care or the education of a child that is necessary because of the violence.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Requirement for employee to give notice","content":"### sec.53 Requirement for employee to give notice\n\nAn employee’s entitlement to domestic and family violence leave is conditional on the employee giving the employer notice of—\nthe employee’s absence from work; and\nif it is possible to notify the employer before the leave is taken—the approximate period the employee will be absent.\nThe employee must give the employer notice under subsection (1) —\nbefore or on the day the employee is to take the leave; or\nif it is not possible to notify the employer before the leave is taken—during the leave or as soon as possible after the leave ends.\n(sec.53-ssec.1) An employee’s entitlement to domestic and family violence leave is conditional on the employee giving the employer notice of— the employee’s absence from work; and if it is possible to notify the employer before the leave is taken—the approximate period the employee will be absent.\n(sec.53-ssec.2) The employee must give the employer notice under subsection (1) — before or on the day the employee is to take the leave; or if it is not possible to notify the employer before the leave is taken—during the leave or as soon as possible after the leave ends.\n- (a) the employee’s absence from work; and\n- (b) if it is possible to notify the employer before the leave is taken—the approximate period the employee will be absent.\n- (a) before or on the day the employee is to take the leave; or\n- (b) if it is not possible to notify the employer before the leave is taken—during the leave or as soon as possible after the leave ends.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Employer may request evidence","content":"### sec.54 Employer may request evidence\n\nAn employer may ask an employee to give the employer evidence that the employee has experienced domestic violence and needs to take leave as a result.\nThe employee must comply with the request.\nWithout limiting subsection (2) , the employee may comply with the request by giving the employer—\nevidence from the police; or\nevidence of a legal proceeding or a court report; or\nevidence from a doctor or other health practitioner; or\na report from a counsellor; or\nwritten advice or a statutory declaration from the employee.\nAn employer who receives evidence under this section must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.\n(sec.54-ssec.1) An employer may ask an employee to give the employer evidence that the employee has experienced domestic violence and needs to take leave as a result.\n(sec.54-ssec.2) The employee must comply with the request.\n(sec.54-ssec.3) Without limiting subsection (2) , the employee may comply with the request by giving the employer— evidence from the police; or evidence of a legal proceeding or a court report; or evidence from a doctor or other health practitioner; or a report from a counsellor; or written advice or a statutory declaration from the employee.\n(sec.54-ssec.4) An employer who receives evidence under this section must not disclose the evidence to someone else unless the disclosure is required or permitted under an Act.\n- (a) evidence from the police; or\n- (b) evidence of a legal proceeding or a court report; or\n- (c) evidence from a doctor or other health practitioner; or\n- (d) a report from a counsellor; or\n- (e) written advice or a statutory declaration from the employee.","sortOrder":66},{"sectionNumber":"ch.2-pt.3-div.8","sectionType":"division","heading":"Parental and related leave","content":"## Parental and related leave","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of division","content":"### sec.55 Application of division\n\nThis division does not apply to—\nshort term casual employees; or\nseasonal employees; or\npieceworkers.\n- (a) short term casual employees; or\n- (b) seasonal employees; or\n- (c) pieceworkers.","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Explanation of types of parental leave","content":"### sec.56 Explanation of types of parental leave\n\nThis division provides for parental leave.\nThe types of parental leave are as follows—\nbirth-related leave, for—\nan employee who is pregnant; or\nan employee whose spouse gives birth;\nBirth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.\nBirth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).\nadoption leave, for an employee who adopts a child;\nAdoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child).\nsurrogacy leave, for an employee who is an intended parent under a surrogacy arrangement;\nSurrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child).\ncultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 .\nCultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).\ns 56 amd 2020 No. 33 s 138 ; 2022 No. 27 s 3 sch 1\n(sec.56-ssec.1) This division provides for parental leave.\n(sec.56-ssec.2) The types of parental leave are as follows— birth-related leave, for— an employee who is pregnant; or an employee whose spouse gives birth; Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child. Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child). adoption leave, for an employee who adopts a child; Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child). surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement; Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child). cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 . Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).\n- (a) birth-related leave, for— (i) an employee who is pregnant; or (ii) an employee whose spouse gives birth; Notes— 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child. 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).\n- (i) an employee who is pregnant; or\n- (ii) an employee whose spouse gives birth;\n- 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.\n- 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).\n- (b) adoption leave, for an employee who adopts a child; Note— Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child).\n- (c) surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement; Note— Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child).\n- (d) cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 . Note— Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).\n- (i) an employee who is pregnant; or\n- (ii) an employee whose spouse gives birth;\n- 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.\n- 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Definitions for division","content":"### sec.57 Definitions for division\n\nIn this division—\nadoption leave means short adoption leave or long adoption leave.\nbirth-related leave means short birth-related leave or long birth-related leave.\nchild means—\nfor adoption leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child was adopted by the employee—\nhad been living with the employee for a continuous period of at least 6 months; or\nwas the employee’s stepchild or the child or stepchild of the employee’s spouse; or\nfor surrogacy leave—a child born as a result of a surrogacy arrangement; or\nfor cultural parent leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child’s parentage was transferred to the employee, had been living with the employee for a continuous period of at least 6 months.\ns 57 def child amd 2020 No. 33 s 139 (2) ; 2022 No. 27 s 8 (3)\ncultural parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 10 .\ns 57 def cultural parent ins 2020 No. 33 s 139 (1)\ncultural parent leave means short cultural parent leave or long cultural parent leave.\ns 57 def cultural parent leave ins 2020 No. 33 s 139 (1)\ncultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1 .\ns 57 def cultural recognition order ins 2020 No. 33 s 139 (1)\nintended cultural parent means a cultural parent whose application for a cultural recognition order has not been decided.\ns 57 def intended cultural parent ins 2020 No. 33 s 139 (1)\nintended parent , for a surrogacy arrangement, see the Surrogacy Act 2010 , section 9 .\nlong adoption leave means leave taken by an employee to enable the employee to be responsible for the care of a child adopted by the employee.\nlong birth-related leave means—\nleave taken by a pregnant employee—\nfor the birth of the employee’s child; or\nto enable the employee to be responsible for the care of the child; or\nleave taken by an employee whose spouse has given birth to a child to enable the employee to be responsible for the care of the employee’s child.\ns 57 def long birth-related leave amd 2022 No. 27 s 8 (4)\nlong cultural parent leave means leave taken by an employee to enable the employee to be responsible for the care of a child whose parentage is transferred to the employee under a cultural recognition order.\ns 57 def long cultural parent leave ins 2020 No. 33 s 139 (1)\nlong parental leave means—\nlong birth-related leave; or\nlong adoption leave; or\nlong surrogacy leave; or\nlong cultural parent leave.\ns 57 def long parental leave amd 2020 No. 33 s 139 (3)\nlong surrogacy leave means leave taken by an employee to enable the employee to be responsible for the care of the employee’s surrogate child.\nmaternity leave ...\ns 57 def maternity leave om 2022 No. 27 s 8 (1)\nparental leave means long parental leave or short parental leave.\nshort adoption leave means leave taken by an employee who is responsible for the care of an adopted child after the child is adopted by the employee.\ns 57 def short adoption leave amd 2022 No. 27 s 8 (5)\nshort birth-related leave means leave taken by an employee who is responsible for the care of a child in connection with the birth of the child of the employee’s spouse—\nafter the birth of the child; or\nat the time the pregnancy ends other than by the birth of a living child or stillborn child.\ns 57 def short birth-related leave amd 2022 No. 27 s 8 (6)\nshort cultural parent leave means leave taken by an employee who is responsible for the care of a child after the child’s parentage is transferred to the employee under a cultural recognition order.\ns 57 def short cultural parent leave ins 2020 No. 33 s 139 (1)\nshort parental leave means—\nshort birth-related leave; or\nshort adoption leave; or\nshort surrogacy leave; or\nshort cultural parent leave.\ns 57 def short parental leave amd 2020 No. 33 s 139 (4)\nshort surrogacy leave means leave taken by an employee who is responsible for the care of the employee’s surrogate child after the child starts residing with the employee.\nstillborn child means a child—\nwho has shown no sign of respiration or heartbeat, or other sign of life, after delivery of the child has been completed; and\nwho—\nhas been gestated for 20 weeks or more; or\nweighs 400g or more.\ns 57 def stillborn child ins 2022 No. 27 s 8 (2)\nsurrogacy arrangement see the Surrogacy Act 2010 , section 7 .\nsurrogacy leave means long surrogacy leave or short surrogacy leave.\nsurrogate child , of an employee, means a child born as a result of a surrogacy arrangement in which the employee has agreed to become permanently responsible for the custody and guardianship of the child.\n- (a) for adoption leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child was adopted by the employee— (i) had been living with the employee for a continuous period of at least 6 months; or (ii) was the employee’s stepchild or the child or stepchild of the employee’s spouse; or\n- (i) had been living with the employee for a continuous period of at least 6 months; or\n- (ii) was the employee’s stepchild or the child or stepchild of the employee’s spouse; or\n- (b) for surrogacy leave—a child born as a result of a surrogacy arrangement; or\n- (c) for cultural parent leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child’s parentage was transferred to the employee, had been living with the employee for a continuous period of at least 6 months.\n- (i) had been living with the employee for a continuous period of at least 6 months; or\n- (ii) was the employee’s stepchild or the child or stepchild of the employee’s spouse; or\n- (a) leave taken by a pregnant employee— (i) for the birth of the employee’s child; or (ii) to enable the employee to be responsible for the care of the child; or\n- (i) for the birth of the employee’s child; or\n- (ii) to enable the employee to be responsible for the care of the child; or\n- (b) leave taken by an employee whose spouse has given birth to a child to enable the employee to be responsible for the care of the employee’s child.\n- (i) for the birth of the employee’s child; or\n- (ii) to enable the employee to be responsible for the care of the child; or\n- (a) long birth-related leave; or\n- (b) long adoption leave; or\n- (c) long surrogacy leave; or\n- (d) long cultural parent leave.\n- (a) after the birth of the child; or\n- (b) at the time the pregnancy ends other than by the birth of a living child or stillborn child.\n- (a) short birth-related leave; or\n- (b) short adoption leave; or\n- (c) short surrogacy leave; or\n- (d) short cultural parent leave.\n- (a) who has shown no sign of respiration or heartbeat, or other sign of life, after delivery of the child has been completed; and\n- (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400g or more.\n- (i) has been gestated for 20 weeks or more; or\n- (ii) weighs 400g or more.\n- (i) has been gestated for 20 weeks or more; or\n- (ii) weighs 400g or more.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of subdivision","content":"### sec.58 Application of subdivision\n\nThis subdivision applies to—\nan employee, other than a long term casual employee, who has had at least 12 months continuous service with the employer; and\na long term casual employee.\nAlso, this subdivision applies subject to section 87B .\nSection 87B ends an employee’s entitlement to parental leave under this subdivision when the employee takes unpaid flexible parental leave under that section.\nIn this section—\ncontinuous service means service, including a period of authorised leave or absence, under an unbroken contract of employment.\ns 58 amd 2022 No. 27 s 9\n(sec.58-ssec.1) This subdivision applies to— an employee, other than a long term casual employee, who has had at least 12 months continuous service with the employer; and a long term casual employee.\n(sec.58-ssec.2) Also, this subdivision applies subject to section 87B . Section 87B ends an employee’s entitlement to parental leave under this subdivision when the employee takes unpaid flexible parental leave under that section.\n(sec.58-ssec.3) In this section— continuous service means service, including a period of authorised leave or absence, under an unbroken contract of employment.\n- (a) an employee, other than a long term casual employee, who has had at least 12 months continuous service with the employer; and\n- (b) a long term casual employee.","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"Entitlement to birth-related leave","content":"### sec.59 Entitlement to birth-related leave\n\nA pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid birth-related leave.\nFor the birth of a child of an employee’s spouse, the employee is entitled to—\na total of 8 weeks unpaid short birth-related leave; or\nan unbroken period of up to 52 weeks unpaid long birth-related leave.\nThe employee’s short birth-related leave—\nif the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and\nmay be taken in an unbroken period or broken periods; and\nif the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.\ns 59 amd 2022 No. 27 s 10\n(sec.59-ssec.1) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid birth-related leave.\n(sec.59-ssec.2) For the birth of a child of an employee’s spouse, the employee is entitled to— a total of 8 weeks unpaid short birth-related leave; or an unbroken period of up to 52 weeks unpaid long birth-related leave.\n(sec.59-ssec.3) The employee’s short birth-related leave— if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and may be taken in an unbroken period or broken periods; and if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.\n- (a) a total of 8 weeks unpaid short birth-related leave; or\n- (b) an unbroken period of up to 52 weeks unpaid long birth-related leave.\n- (a) if the employee’s spouse gave birth to a child and is taking long birth-related leave—may be taken concurrently with the employee’s spouse’s long birth-related leave; and\n- (b) may be taken in an unbroken period or broken periods; and\n- (c) if the employee takes short birth-related leave other than immediately after the birth of the child—must be for a minimum 2-week period.","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"Entitlement to adoption leave","content":"### sec.60 Entitlement to adoption leave\n\nFor the adoption of a child, an employee is entitled to—\na total of 8 weeks unpaid short adoption leave; or\nan unbroken period of up to 52 weeks unpaid long adoption leave.\nThe employee’s short adoption leave—\nif the employee’s spouse is taking long adoption leave—may be taken concurrently with the employee’s spouse’s long adoption leave; and\nmay be taken in an unbroken period or broken periods; and\nif the employee takes short adoption leave other than immediately after the adoption of the child—must be taken for a minimum 2-week period.\ns 60 amd 2022 No. 27 s 3 sch 1\n(sec.60-ssec.1) For the adoption of a child, an employee is entitled to— a total of 8 weeks unpaid short adoption leave; or an unbroken period of up to 52 weeks unpaid long adoption leave.\n(sec.60-ssec.2) The employee’s short adoption leave— if the employee’s spouse is taking long adoption leave—may be taken concurrently with the employee’s spouse’s long adoption leave; and may be taken in an unbroken period or broken periods; and if the employee takes short adoption leave other than immediately after the adoption of the child—must be taken for a minimum 2-week period.\n- (a) a total of 8 weeks unpaid short adoption leave; or\n- (b) an unbroken period of up to 52 weeks unpaid long adoption leave.\n- (a) if the employee’s spouse is taking long adoption leave—may be taken concurrently with the employee’s spouse’s long adoption leave; and\n- (b) may be taken in an unbroken period or broken periods; and\n- (c) if the employee takes short adoption leave other than immediately after the adoption of the child—must be taken for a minimum 2-week period.","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Entitlement to surrogacy leave","content":"### sec.61 Entitlement to surrogacy leave\n\nAn employee who is an intended parent under a surrogacy arrangement is entitled to—\na total 8 weeks unpaid short surrogacy leave; or\nan unbroken period of up to 52 weeks unpaid long surrogacy leave.\nThe employee’s short surrogacy leave—\nif the employee’s spouse is taking long surrogacy leave—may be taken concurrently with the employee’s spouse’s long surrogacy leave; and\nmay be taken in an unbroken period or broken periods; and\nif the employee takes short surrogacy leave other than immediately after the employee’s surrogate child starts residing with the employee—must be for a minimum 2-week period.\n(sec.61-ssec.1) An employee who is an intended parent under a surrogacy arrangement is entitled to— a total 8 weeks unpaid short surrogacy leave; or an unbroken period of up to 52 weeks unpaid long surrogacy leave.\n(sec.61-ssec.2) The employee’s short surrogacy leave— if the employee’s spouse is taking long surrogacy leave—may be taken concurrently with the employee’s spouse’s long surrogacy leave; and may be taken in an unbroken period or broken periods; and if the employee takes short surrogacy leave other than immediately after the employee’s surrogate child starts residing with the employee—must be for a minimum 2-week period.\n- (a) a total 8 weeks unpaid short surrogacy leave; or\n- (b) an unbroken period of up to 52 weeks unpaid long surrogacy leave.\n- (a) if the employee’s spouse is taking long surrogacy leave—may be taken concurrently with the employee’s spouse’s long surrogacy leave; and\n- (b) may be taken in an unbroken period or broken periods; and\n- (c) if the employee takes short surrogacy leave other than immediately after the employee’s surrogate child starts residing with the employee—must be for a minimum 2-week period.","sortOrder":74},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Entitlement to cultural parent leave","content":"### sec.61A Entitlement to cultural parent leave\n\nAn employee who is a cultural parent under a cultural recognition order is entitled to—\na total of 8 weeks unpaid short cultural parent leave; or\nan unbroken period of up to 52 weeks unpaid long cultural parent leave.\nThe employee’s short cultural parent leave—\nif the employee’s spouse is taking long cultural parent leave—may be taken concurrently with the employee’s spouse’s long cultural parent leave; and\nmay be taken in an unbroken period or broken periods; and\nif the employee takes short cultural parent leave other than immediately after the transfer of the child’s parentage to the employee—must be taken for a minimum 2-week period.\ns 61A ins 2020 No. 33 s 140\n(sec.61A-ssec.1) An employee who is a cultural parent under a cultural recognition order is entitled to— a total of 8 weeks unpaid short cultural parent leave; or an unbroken period of up to 52 weeks unpaid long cultural parent leave.\n(sec.61A-ssec.2) The employee’s short cultural parent leave— if the employee’s spouse is taking long cultural parent leave—may be taken concurrently with the employee’s spouse’s long cultural parent leave; and may be taken in an unbroken period or broken periods; and if the employee takes short cultural parent leave other than immediately after the transfer of the child’s parentage to the employee—must be taken for a minimum 2-week period.\n- (a) a total of 8 weeks unpaid short cultural parent leave; or\n- (b) an unbroken period of up to 52 weeks unpaid long cultural parent leave.\n- (a) if the employee’s spouse is taking long cultural parent leave—may be taken concurrently with the employee’s spouse’s long cultural parent leave; and\n- (b) may be taken in an unbroken period or broken periods; and\n- (c) if the employee takes short cultural parent leave other than immediately after the transfer of the child’s parentage to the employee—must be taken for a minimum 2-week period.","sortOrder":75},{"sectionNumber":"sec.62","sectionType":"section","heading":"Maximum period of parental leave","content":"### sec.62 Maximum period of parental leave\n\nParental leave must not extend—\nbeyond 52 weeks after—\nthe child was born; or\nthe child was adopted; or\nthe child started residing with the employee under the surrogacy arrangement; or\nthe child’s parentage was transferred to the employee under a cultural recognition order; or\nif an application for an extension of parental leave under section 73 is agreed to—beyond 104 weeks after—\nthe child was born; or\nthe child was adopted; or\nthe child started residing with the employee under the surrogacy arrangement; or\nthe child’s parentage was transferred to the employee under a cultural recognition order.\nHowever, if an employee takes long parental leave and the employee’s spouse takes short parental leave concurrently with the employee, the parental leave the employee is allowed to take under subsection (1) is reduced by the amount of leave concurrently taken by the employee’s spouse.\nThe maximum period of parental leave allowed under subsection (1) or (2) is the maximum period of parental leave .\nThis section applies despite sections 59 to 61 .\ns 62 amd 2020 No. 33 s 141\n(sec.62-ssec.1) Parental leave must not extend— beyond 52 weeks after— the child was born; or the child was adopted; or the child started residing with the employee under the surrogacy arrangement; or the child’s parentage was transferred to the employee under a cultural recognition order; or if an application for an extension of parental leave under section 73 is agreed to—beyond 104 weeks after— the child was born; or the child was adopted; or the child started residing with the employee under the surrogacy arrangement; or the child’s parentage was transferred to the employee under a cultural recognition order.\n(sec.62-ssec.2) However, if an employee takes long parental leave and the employee’s spouse takes short parental leave concurrently with the employee, the parental leave the employee is allowed to take under subsection (1) is reduced by the amount of leave concurrently taken by the employee’s spouse.\n(sec.62-ssec.3) The maximum period of parental leave allowed under subsection (1) or (2) is the maximum period of parental leave .\n(sec.62-ssec.4) This section applies despite sections 59 to 61 .\n- (a) beyond 52 weeks after— (i) the child was born; or (ii) the child was adopted; or (iii) the child started residing with the employee under the surrogacy arrangement; or (iv) the child’s parentage was transferred to the employee under a cultural recognition order; or\n- (i) the child was born; or\n- (ii) the child was adopted; or\n- (iii) the child started residing with the employee under the surrogacy arrangement; or\n- (iv) the child’s parentage was transferred to the employee under a cultural recognition order; or\n- (b) if an application for an extension of parental leave under section 73 is agreed to—beyond 104 weeks after— (i) the child was born; or (ii) the child was adopted; or (iii) the child started residing with the employee under the surrogacy arrangement; or (iv) the child’s parentage was transferred to the employee under a cultural recognition order.\n- (i) the child was born; or\n- (ii) the child was adopted; or\n- (iii) the child started residing with the employee under the surrogacy arrangement; or\n- (iv) the child’s parentage was transferred to the employee under a cultural recognition order.\n- (i) the child was born; or\n- (ii) the child was adopted; or\n- (iii) the child started residing with the employee under the surrogacy arrangement; or\n- (iv) the child’s parentage was transferred to the employee under a cultural recognition order; or\n- (i) the child was born; or\n- (ii) the child was adopted; or\n- (iii) the child started residing with the employee under the surrogacy arrangement; or\n- (iv) the child’s parentage was transferred to the employee under a cultural recognition order.","sortOrder":76},{"sectionNumber":"sec.63","sectionType":"section","heading":"Employee notice—intention of pregnant employee to take birth-related leave","content":"### sec.63 Employee notice—intention of pregnant employee to take birth-related leave\n\nThis section applies if a pregnant employee wants to take birth-related leave.\nThe employee must give the employer—\nat least 10 weeks written notice of intention to take the leave; and\nat least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\nThe employee must, before starting the leave, give the employer—\nif required by the employer—sufficient evidence to satisfy a reasonable person that the employee is pregnant and the expected date of birth; and\na statutory declaration by the employee stating the period of any parental leave sought by the employee’s spouse.\nWithout limiting subsection (3) (a) , the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.\ns 63 amd 2022 No. 27 s 11\n(sec.63-ssec.1) This section applies if a pregnant employee wants to take birth-related leave.\n(sec.63-ssec.2) The employee must give the employer— at least 10 weeks written notice of intention to take the leave; and at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n(sec.63-ssec.3) The employee must, before starting the leave, give the employer— if required by the employer—sufficient evidence to satisfy a reasonable person that the employee is pregnant and the expected date of birth; and a statutory declaration by the employee stating the period of any parental leave sought by the employee’s spouse.\n(sec.63-ssec.4) Without limiting subsection (3) (a) , the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.\n- (a) at least 10 weeks written notice of intention to take the leave; and\n- (b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n- (a) if required by the employer—sufficient evidence to satisfy a reasonable person that the employee is pregnant and the expected date of birth; and\n- (b) a statutory declaration by the employee stating the period of any parental leave sought by the employee’s spouse.","sortOrder":77},{"sectionNumber":"sec.64","sectionType":"section","heading":"Employee notice—intention of pregnant employee’s spouse to take birth-related leave","content":"### sec.64 Employee notice—intention of pregnant employee’s spouse to take birth-related leave\n\nThis section applies if an employee whose spouse is pregnant or has given birth to a child wants to take birth-related leave.\nThe employee must give the employer—\nfor long birth-related leave—at least 10 weeks written notice of intention to take the leave; and\nat least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\nThe employee must, before starting the leave, give the employer—\nif required by the employer—sufficient evidence to satisfy a reasonable person that the employee’s spouse is pregnant and the expected date of birth; and\nfor long birth-related leave—a statutory declaration by the employee stating—\nthe period of any birth-related leave sought by the employee’s spouse; and\nthat the employee is seeking the leave because the employee is to be responsible for the care of the child.\nWithout limiting subsection (3) (a) , the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.\ns 64 amd 2022 No. 27 s 12\n(sec.64-ssec.1) This section applies if an employee whose spouse is pregnant or has given birth to a child wants to take birth-related leave.\n(sec.64-ssec.2) The employee must give the employer— for long birth-related leave—at least 10 weeks written notice of intention to take the leave; and at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n(sec.64-ssec.3) The employee must, before starting the leave, give the employer— if required by the employer—sufficient evidence to satisfy a reasonable person that the employee’s spouse is pregnant and the expected date of birth; and for long birth-related leave—a statutory declaration by the employee stating— the period of any birth-related leave sought by the employee’s spouse; and that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n(sec.64-ssec.4) Without limiting subsection (3) (a) , the employer may require the evidence to be a health practitioner’s certificate confirming the matters mentioned in that subsection.\n- (a) for long birth-related leave—at least 10 weeks written notice of intention to take the leave; and\n- (b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n- (a) if required by the employer—sufficient evidence to satisfy a reasonable person that the employee’s spouse is pregnant and the expected date of birth; and\n- (b) for long birth-related leave—a statutory declaration by the employee stating— (i) the period of any birth-related leave sought by the employee’s spouse; and (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of any birth-related leave sought by the employee’s spouse; and\n- (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of any birth-related leave sought by the employee’s spouse; and\n- (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.","sortOrder":78},{"sectionNumber":"sec.65","sectionType":"section","heading":"Employee notice—intention to take adoption leave","content":"### sec.65 Employee notice—intention to take adoption leave\n\nThis section applies if an employee wants to take adoption leave.\nThe employee must give the employer—\nfor long adoption leave—written notice of any approval to adopt a child at least 10 weeks before the expected date of adoption (the expected adoption date ); and\nwritten notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected adoption date but, in any case, at least 14 days before starting the leave.\nThe employee must, before starting the leave, give the employer—\na statement from an adoption agency of the expected adoption date; and\nfor long adoption leave—a statutory declaration by the employee stating—\nthe period of any adoption leave sought by the employee’s spouse; and\nthat the employee is seeking the leave because the employee is to be responsible for the care of the child.\nIn this section—\nadoption agency means an agency, body, office or court, authorised by a Commonwealth law or State law to perform functions about adoption.\ns 65 amd 2022 No. 27 s 3 sch 1\n(sec.65-ssec.1) This section applies if an employee wants to take adoption leave.\n(sec.65-ssec.2) The employee must give the employer— for long adoption leave—written notice of any approval to adopt a child at least 10 weeks before the expected date of adoption (the expected adoption date ); and written notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected adoption date but, in any case, at least 14 days before starting the leave.\n(sec.65-ssec.3) The employee must, before starting the leave, give the employer— a statement from an adoption agency of the expected adoption date; and for long adoption leave—a statutory declaration by the employee stating— the period of any adoption leave sought by the employee’s spouse; and that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n(sec.65-ssec.4) In this section— adoption agency means an agency, body, office or court, authorised by a Commonwealth law or State law to perform functions about adoption.\n- (a) for long adoption leave—written notice of any approval to adopt a child at least 10 weeks before the expected date of adoption (the expected adoption date ); and\n- (b) written notice of the dates on which the employee wants to start and end the leave, as soon as practicable after the employee is notified of the expected adoption date but, in any case, at least 14 days before starting the leave.\n- (a) a statement from an adoption agency of the expected adoption date; and\n- (b) for long adoption leave—a statutory declaration by the employee stating— (i) the period of any adoption leave sought by the employee’s spouse; and (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of any adoption leave sought by the employee’s spouse; and\n- (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of any adoption leave sought by the employee’s spouse; and\n- (ii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.","sortOrder":79},{"sectionNumber":"sec.66","sectionType":"section","heading":"Employee notice—intention to take surrogacy leave","content":"### sec.66 Employee notice—intention to take surrogacy leave\n\nThis section applies if an employee wants to take surrogacy leave.\nThe employee must give the employer—\nfor long surrogacy leave—written notice of intention to take the leave at least 10 weeks before the expected date when the employee’s surrogate child is to start residing with the employee under the surrogacy arrangement (the expected residence date ); and\nat least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\nThe employee must, before starting the leave, give the employer a statutory declaration by the employee stating—\nthe employee is an intended parent under a surrogacy arrangement; and\nthe expected residence date; and\nfor long surrogacy leave—\nthe period of leave sought by the employee; and\nthe period of any surrogacy leave sought by the employee’s spouse; and\nthat the employee is seeking the leave because the employee is to be responsible for the care of the child.\n(sec.66-ssec.1) This section applies if an employee wants to take surrogacy leave.\n(sec.66-ssec.2) The employee must give the employer— for long surrogacy leave—written notice of intention to take the leave at least 10 weeks before the expected date when the employee’s surrogate child is to start residing with the employee under the surrogacy arrangement (the expected residence date ); and at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n(sec.66-ssec.3) The employee must, before starting the leave, give the employer a statutory declaration by the employee stating— the employee is an intended parent under a surrogacy arrangement; and the expected residence date; and for long surrogacy leave— the period of leave sought by the employee; and the period of any surrogacy leave sought by the employee’s spouse; and that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (a) for long surrogacy leave—written notice of intention to take the leave at least 10 weeks before the expected date when the employee’s surrogate child is to start residing with the employee under the surrogacy arrangement (the expected residence date ); and\n- (b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n- (a) the employee is an intended parent under a surrogacy arrangement; and\n- (b) the expected residence date; and\n- (c) for long surrogacy leave— (i) the period of leave sought by the employee; and (ii) the period of any surrogacy leave sought by the employee’s spouse; and (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of leave sought by the employee; and\n- (ii) the period of any surrogacy leave sought by the employee’s spouse; and\n- (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of leave sought by the employee; and\n- (ii) the period of any surrogacy leave sought by the employee’s spouse; and\n- (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.","sortOrder":80},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Employee notice—intention to take cultural parent leave","content":"### sec.66A Employee notice—intention to take cultural parent leave\n\nThis section applies if an employee wants to take cultural parent leave.\nThe employee must give the employer—\nfor long cultural parent leave—written notice of intention to take the leave at least 10 weeks before the expected date when a cultural recognition order will be made transferring a child’s parentage to the employee (the expected parental transfer date ); and\nat least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\nThe employee must, before starting the leave, give the employer a statutory declaration by the employee stating—\nthe employee is an intended cultural parent; and\nthe expected parental transfer date; and\nfor long cultural parent leave—\nthe period of leave sought by the employee; and\nthe period of any cultural parent leave sought by the employee’s spouse; and\nthat the employee is seeking the leave because the employee is to be responsible for the care of the child.\ns 66A ins 2020 No. 33 s 142\n(sec.66A-ssec.1) This section applies if an employee wants to take cultural parent leave.\n(sec.66A-ssec.2) The employee must give the employer— for long cultural parent leave—written notice of intention to take the leave at least 10 weeks before the expected date when a cultural recognition order will be made transferring a child’s parentage to the employee (the expected parental transfer date ); and at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n(sec.66A-ssec.3) The employee must, before starting the leave, give the employer a statutory declaration by the employee stating— the employee is an intended cultural parent; and the expected parental transfer date; and for long cultural parent leave— the period of leave sought by the employee; and the period of any cultural parent leave sought by the employee’s spouse; and that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (a) for long cultural parent leave—written notice of intention to take the leave at least 10 weeks before the expected date when a cultural recognition order will be made transferring a child’s parentage to the employee (the expected parental transfer date ); and\n- (b) at least 4 weeks written notice of the dates on which the employee wants to start and end the leave.\n- (a) the employee is an intended cultural parent; and\n- (b) the expected parental transfer date; and\n- (c) for long cultural parent leave— (i) the period of leave sought by the employee; and (ii) the period of any cultural parent leave sought by the employee’s spouse; and (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of leave sought by the employee; and\n- (ii) the period of any cultural parent leave sought by the employee’s spouse; and\n- (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.\n- (i) the period of leave sought by the employee; and\n- (ii) the period of any cultural parent leave sought by the employee’s spouse; and\n- (iii) that the employee is seeking the leave because the employee is to be responsible for the care of the child.","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Reasons not to give notice or documents","content":"### sec.67 Reasons not to give notice or documents\n\nAn employee does not fail to comply with section 63 , 64 , 65 or 66 if the failure was caused by—\nthe child being born, or the pregnancy otherwise terminating, before the expected date of birth; or\nthe child’s adoption before the expected adoption date; or\nthe child starting to reside with the employee before the expected residence date; or\nanother reason that was reasonable in the circumstances.\nHowever, the employee must give the employer—\nnotice of the period of the leave within 2 weeks after the child’s birth or adoption or the child starts residing with the employee; and\nin the case of the birth of a living child—a health practitioner’s certificate stating the date on which the child was born; and\nin the case of the birth of a stillborn child—a health practitioner’s certificate stating the date on which the child was stillborn.\ns 67 amd 2022 No. 27 s 13\n(sec.67-ssec.1) An employee does not fail to comply with section 63 , 64 , 65 or 66 if the failure was caused by— the child being born, or the pregnancy otherwise terminating, before the expected date of birth; or the child’s adoption before the expected adoption date; or the child starting to reside with the employee before the expected residence date; or another reason that was reasonable in the circumstances.\n(sec.67-ssec.2) However, the employee must give the employer— notice of the period of the leave within 2 weeks after the child’s birth or adoption or the child starts residing with the employee; and in the case of the birth of a living child—a health practitioner’s certificate stating the date on which the child was born; and in the case of the birth of a stillborn child—a health practitioner’s certificate stating the date on which the child was stillborn.\n- (a) the child being born, or the pregnancy otherwise terminating, before the expected date of birth; or\n- (b) the child’s adoption before the expected adoption date; or\n- (c) the child starting to reside with the employee before the expected residence date; or\n- (d) another reason that was reasonable in the circumstances.\n- (a) notice of the period of the leave within 2 weeks after the child’s birth or adoption or the child starts residing with the employee; and\n- (b) in the case of the birth of a living child—a health practitioner’s certificate stating the date on which the child was born; and\n- (c) in the case of the birth of a stillborn child—a health practitioner’s certificate stating the date on which the child was stillborn.","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Consequences of failure to give notice of intention to take parental leave","content":"### sec.68 Consequences of failure to give notice of intention to take parental leave\n\nThis section applies if an employee fails to comply with section 63 , 64 , 65 or 66 .\nDespite subdivision 2 , the employer is not required to provide the parental leave until the employee complies with the section.\n(sec.68-ssec.1) This section applies if an employee fails to comply with section 63 , 64 , 65 or 66 .\n(sec.68-ssec.2) Despite subdivision 2 , the employer is not required to provide the parental leave until the employee complies with the section.","sortOrder":83},{"sectionNumber":"sec.69","sectionType":"section","heading":"Employee notice—change to situation","content":"### sec.69 Employee notice—change to situation\n\nAn employee must notify the employer of any change in the information provided under section 63 , 64 , 65 or 66 within 2 weeks after the change.","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Employee to advise employer about particular changes","content":"### sec.70 Employee to advise employer about particular changes\n\nThis section applies to an employee who is absent on parental leave.\nThe employee must advise the employer of any change in the employee’s contact details, including any change of address.\nAdvice given under subsection (2) may be used by an employer for section 72 to advise the employee about significant change at the workplace.\nThe employee must also take reasonable steps to advise the employer of any significant change affecting the following as soon as possible after the change happens—\nthe length of the employee’s parental leave;\nthe date the employee intends to return to work;\nan earlier decision to return to work on a full-time basis or to apply to return to work on a part-time basis.\n(sec.70-ssec.1) This section applies to an employee who is absent on parental leave.\n(sec.70-ssec.2) The employee must advise the employer of any change in the employee’s contact details, including any change of address. Advice given under subsection (2) may be used by an employer for section 72 to advise the employee about significant change at the workplace.\n(sec.70-ssec.3) The employee must also take reasonable steps to advise the employer of any significant change affecting the following as soon as possible after the change happens— the length of the employee’s parental leave; the date the employee intends to return to work; an earlier decision to return to work on a full-time basis or to apply to return to work on a part-time basis.\n- (a) the length of the employee’s parental leave;\n- (b) the date the employee intends to return to work;\n- (c) an earlier decision to return to work on a full-time basis or to apply to return to work on a part-time basis.","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Employer to advise about parental leave entitlements","content":"### sec.71 Employer to advise about parental leave entitlements\n\nSubsection (2) applies to an employer on becoming aware—\nan employee or an employee’s spouse is pregnant; or\nan employee is adopting a child; or\nan employee is an intended parent under a surrogacy arrangement; or\nan employee is a cultural parent who is applying for a cultural recognition order.\nThe employer must inform the employee of—\nthe employee’s parental leave entitlement under this division; and\nthe employee’s obligations to notify the employer of any matter under this division.\nAn employer can not rely on an employee’s failure to give a notice or other document required by this division unless the employer establishes that subsection (2) has been complied with.\ns 71 amd 2020 No. 33 s 143\n(sec.71-ssec.1) Subsection (2) applies to an employer on becoming aware— an employee or an employee’s spouse is pregnant; or an employee is adopting a child; or an employee is an intended parent under a surrogacy arrangement; or an employee is a cultural parent who is applying for a cultural recognition order.\n(sec.71-ssec.2) The employer must inform the employee of— the employee’s parental leave entitlement under this division; and the employee’s obligations to notify the employer of any matter under this division.\n(sec.71-ssec.3) An employer can not rely on an employee’s failure to give a notice or other document required by this division unless the employer establishes that subsection (2) has been complied with.\n- (a) an employee or an employee’s spouse is pregnant; or\n- (b) an employee is adopting a child; or\n- (c) an employee is an intended parent under a surrogacy arrangement; or\n- (d) an employee is a cultural parent who is applying for a cultural recognition order.\n- (a) the employee’s parental leave entitlement under this division; and\n- (b) the employee’s obligations to notify the employer of any matter under this division.","sortOrder":86},{"sectionNumber":"sec.72","sectionType":"section","heading":"Employer’s obligation to advise about significant change at the workplace","content":"### sec.72 Employer’s obligation to advise about significant change at the workplace\n\nThis section applies if an employer decides to implement significant change at a workplace.\nThe employer must take reasonable action to advise each employee who is absent from the workplace on parental leave about the proposed change before it is implemented.\nThe advice must inform the employee of the change and any effect it will have on the position the employee held before starting parental leave, including, for example, the status or level of responsibility attached to the position.\nThe employer must give the employee a reasonable opportunity to discuss any significant effect the change will have on the employee’s position.\n(sec.72-ssec.1) This section applies if an employer decides to implement significant change at a workplace.\n(sec.72-ssec.2) The employer must take reasonable action to advise each employee who is absent from the workplace on parental leave about the proposed change before it is implemented.\n(sec.72-ssec.3) The advice must inform the employee of the change and any effect it will have on the position the employee held before starting parental leave, including, for example, the status or level of responsibility attached to the position.\n(sec.72-ssec.4) The employer must give the employee a reasonable opportunity to discuss any significant effect the change will have on the employee’s position.","sortOrder":87},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application for extension of parental leave","content":"### sec.73 Application for extension of parental leave\n\nAn employee entitled to parental leave under subdivision 2 , or who is taking parental leave, may apply to the employer for an extension of the leave for an unbroken period of up to 104 weeks in total, minus the period of any short parental leave taken by the employee.\nAn employee may not make more than 1 application under subsection (1) within a 12-month period in relation to a particular instance of parental leave, unless the employer agrees.\ns 73 amd 2022 No. 27 s 15\n(sec.73-ssec.1) An employee entitled to parental leave under subdivision 2 , or who is taking parental leave, may apply to the employer for an extension of the leave for an unbroken period of up to 104 weeks in total, minus the period of any short parental leave taken by the employee.\n(sec.73-ssec.2) An employee may not make more than 1 application under subsection (1) within a 12-month period in relation to a particular instance of parental leave, unless the employer agrees.","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application to work part-time","content":"### sec.74 Application to work part-time\n\nAn employee on parental leave may apply to the employer to return to work on a part-time basis.\nAlso, an employee who returned to work on a full-time basis after taking parental leave may apply to the employer to change to work on a part-time basis.\nAn employee may not make more than 1 application under this section within a 12-month period, unless the employer agrees.\ns 74 amd 2022 No. 27 s 16\n(sec.74-ssec.1) An employee on parental leave may apply to the employer to return to work on a part-time basis.\n(sec.74-ssec.2) Also, an employee who returned to work on a full-time basis after taking parental leave may apply to the employer to change to work on a part-time basis.\n(sec.74-ssec.3) An employee may not make more than 1 application under this section within a 12-month period, unless the employer agrees.","sortOrder":89},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application for extension or part-time work","content":"### sec.75 Application for extension or part-time work\n\nAn application mentioned in section 73 or 74 must—\nbe in writing; and\nbe made—\nfor an application for extension of short parental leave—at least 2 business days before the leave ends; or\nfor an application for extension of long parental leave—at least 4 weeks before the leave ends; or\nfor an application to return to work on a part-time basis—at least 7 weeks before the leave ends; or\nfor an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and\nstate the application is an application for extension of parental leave under section 73 or an application to return or change to work on a part-time basis under section 74 , as appropriate; and\nstate the dates the extension, or return or change to work on a part-time basis, being applied for is to start and end; and\nstate the impact refusal of the application might have on the employee and the employee’s dependants; and\nfor an application for extension of long parental leave or to return or change to work on a part-time basis—be accompanied by a statutory declaration by the employee stating—\nfor an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or\nfor an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.\nThe period for which an application may be made under section 74 can not extend beyond the day the child in relation to whom parental leave was taken is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 2006 .\ns 75 amd 2022 No. 27 s 17\n(sec.75-ssec.1) An application mentioned in section 73 or 74 must— be in writing; and be made— for an application for extension of short parental leave—at least 2 business days before the leave ends; or for an application for extension of long parental leave—at least 4 weeks before the leave ends; or for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; or for an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and state the application is an application for extension of parental leave under section 73 or an application to return or change to work on a part-time basis under section 74 , as appropriate; and state the dates the extension, or return or change to work on a part-time basis, being applied for is to start and end; and state the impact refusal of the application might have on the employee and the employee’s dependants; and for an application for extension of long parental leave or to return or change to work on a part-time basis—be accompanied by a statutory declaration by the employee stating— for an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or for an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.\n(sec.75-ssec.2) The period for which an application may be made under section 74 can not extend beyond the day the child in relation to whom parental leave was taken is required to be enrolled for compulsory schooling under the Education (General Provisions) Act 2006 .\n- (a) be in writing; and\n- (b) be made— (i) for an application for extension of short parental leave—at least 2 business days before the leave ends; or (ii) for an application for extension of long parental leave—at least 4 weeks before the leave ends; or (iii) for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; or (iv) for an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and\n- (i) for an application for extension of short parental leave—at least 2 business days before the leave ends; or\n- (ii) for an application for extension of long parental leave—at least 4 weeks before the leave ends; or\n- (iii) for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; or\n- (iv) for an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and\n- (c) state the application is an application for extension of parental leave under section 73 or an application to return or change to work on a part-time basis under section 74 , as appropriate; and\n- (d) state the dates the extension, or return or change to work on a part-time basis, being applied for is to start and end; and\n- (e) state the impact refusal of the application might have on the employee and the employee’s dependants; and\n- (f) for an application for extension of long parental leave or to return or change to work on a part-time basis—be accompanied by a statutory declaration by the employee stating— (i) for an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or (ii) for an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.\n- (i) for an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or\n- (ii) for an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.\n- (i) for an application for extension of short parental leave—at least 2 business days before the leave ends; or\n- (ii) for an application for extension of long parental leave—at least 4 weeks before the leave ends; or\n- (iii) for an application to return to work on a part-time basis—at least 7 weeks before the leave ends; or\n- (iv) for an application to change to work on a part-time basis—at least 7 weeks before change being applied for is to start; and\n- (i) for an application for extension of long parental leave—that the employee is seeking the extension so the employee can continue to be responsible for the care of the child; or\n- (ii) for an application to return or change to work on a part-time basis—that the employee is seeking to work on a part-time basis so the employee can be responsible for the care of the child when not at work.","sortOrder":90},{"sectionNumber":"sec.76","sectionType":"section","heading":"Employer’s decision on application for extension or part-time work","content":"### sec.76 Employer’s decision on application for extension or part-time work\n\nIn deciding whether to agree to an application under section 73 or 74 , the employer must consider the following—\nthe particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee’s role as the child’s caregiver;\nthe impact refusal of the application might have on the employee and the employee’s dependants;\nthe effect that agreeing to the application would have on the conduct of the employer’s business, including, for example—\nany additional cost the employer would incur; and\nthe employer’s capacity to reorganise work arrangements; and\nthe availability of competent replacement staff; and\nany loss of efficiency in the conduct of the employer’s business; and\nthe impact of the employee’s absence or temporary absence on the delivery of customer service.\nThe employer must not refuse an application under section 73 or 74 unless the employer has given the employee a reasonable opportunity to discuss the application.\nThe employer must not unreasonably refuse an application under section 73 or 74 .\nThe employer must advise the employee, in writing, of the employer’s decision—\nif the application is for an extension of short parental leave—as soon as possible after receiving the application but before the short parental leave ends; or\nfor any other application—within 14 days after receiving the application.\nIf the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.\n(sec.76-ssec.1) In deciding whether to agree to an application under section 73 or 74 , the employer must consider the following— the particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee’s role as the child’s caregiver; the impact refusal of the application might have on the employee and the employee’s dependants; the effect that agreeing to the application would have on the conduct of the employer’s business, including, for example— any additional cost the employer would incur; and the employer’s capacity to reorganise work arrangements; and the availability of competent replacement staff; and any loss of efficiency in the conduct of the employer’s business; and the impact of the employee’s absence or temporary absence on the delivery of customer service.\n(sec.76-ssec.2) The employer must not refuse an application under section 73 or 74 unless the employer has given the employee a reasonable opportunity to discuss the application.\n(sec.76-ssec.3) The employer must not unreasonably refuse an application under section 73 or 74 .\n(sec.76-ssec.4) The employer must advise the employee, in writing, of the employer’s decision— if the application is for an extension of short parental leave—as soon as possible after receiving the application but before the short parental leave ends; or for any other application—within 14 days after receiving the application.\n(sec.76-ssec.5) If the employer refuses the application, the employer must provide the employee with written reasons for refusing the application.\n- (a) the particular circumstances of the employee that give rise to the application, particularly circumstances relating to the employee’s role as the child’s caregiver;\n- (b) the impact refusal of the application might have on the employee and the employee’s dependants;\n- (c) the effect that agreeing to the application would have on the conduct of the employer’s business, including, for example— (i) any additional cost the employer would incur; and (ii) the employer’s capacity to reorganise work arrangements; and (iii) the availability of competent replacement staff; and (iv) any loss of efficiency in the conduct of the employer’s business; and (v) the impact of the employee’s absence or temporary absence on the delivery of customer service.\n- (i) any additional cost the employer would incur; and\n- (ii) the employer’s capacity to reorganise work arrangements; and\n- (iii) the availability of competent replacement staff; and\n- (iv) any loss of efficiency in the conduct of the employer’s business; and\n- (v) the impact of the employee’s absence or temporary absence on the delivery of customer service.\n- (i) any additional cost the employer would incur; and\n- (ii) the employer’s capacity to reorganise work arrangements; and\n- (iii) the availability of competent replacement staff; and\n- (iv) any loss of efficiency in the conduct of the employer’s business; and\n- (v) the impact of the employee’s absence or temporary absence on the delivery of customer service.\n- (a) if the application is for an extension of short parental leave—as soon as possible after receiving the application but before the short parental leave ends; or\n- (b) for any other application—within 14 days after receiving the application.","sortOrder":91},{"sectionNumber":"sec.77","sectionType":"section","heading":"Spouses not to take long parental leave at same time","content":"### sec.77 Spouses not to take long parental leave at same time\n\nAn employee is not entitled to long parental leave when the employee’s spouse is on long parental leave.\nIf the employee contravenes subsection (1) , the period of parental leave the employee is entitled to is reduced by the period for which the employee and the employee’s spouse were on parental leave in contravention of subsection (1) .\n(sec.77-ssec.1) An employee is not entitled to long parental leave when the employee’s spouse is on long parental leave.\n(sec.77-ssec.2) If the employee contravenes subsection (1) , the period of parental leave the employee is entitled to is reduced by the period for which the employee and the employee’s spouse were on parental leave in contravention of subsection (1) .","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Cancelling parental leave","content":"### sec.78 Cancelling parental leave\n\nParental leave applied for but not started is automatically cancelled if—\nthe employee withdraws the application for leave by written notice to the employer; or\nthe pregnancy ends other than by the birth of a living child or stillborn child; or\nthe adoption of the child by the employee does not proceed; or\na child does not start residing with the employee under the surrogacy arrangement; or\na cultural recognition order transferring the parentage of a child to the employee is not made.\nSubsection (3) applies if, while an employee is on parental leave—\nthe pregnancy ends other than by the birth of a living child; or\nthe child in relation to whom the employee is on parental leave dies; or\nthe adoption of the child by the employee does not proceed or continue; or\nthe residence of the child with the employee under the surrogacy arrangement does not start or continue; or\na cultural recognition order transferring the parentage of a child to the employee is discharged.\nThe employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—\nthe employee intends to resume work; and\nthe reason for the resumption.\nThis section does not affect an employee’s entitlement to—\nspecial pregnancy-related leave or sick leave under section 85 ; or\nlate term pregnancy leave under section 85AA ; or\nif the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or\nbirth-related leave for the birth of a stillborn child under section 85A .\ns 78 amd 2020 No. 33 s 144 ; 2022 No. 27 s 18 ; 2024 No. 40 s 6\n(sec.78-ssec.1) Parental leave applied for but not started is automatically cancelled if— the employee withdraws the application for leave by written notice to the employer; or the pregnancy ends other than by the birth of a living child or stillborn child; or the adoption of the child by the employee does not proceed; or a child does not start residing with the employee under the surrogacy arrangement; or a cultural recognition order transferring the parentage of a child to the employee is not made.\n(sec.78-ssec.2) Subsection (3) applies if, while an employee is on parental leave— the pregnancy ends other than by the birth of a living child; or the child in relation to whom the employee is on parental leave dies; or the adoption of the child by the employee does not proceed or continue; or the residence of the child with the employee under the surrogacy arrangement does not start or continue; or a cultural recognition order transferring the parentage of a child to the employee is discharged.\n(sec.78-ssec.3) The employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating— the employee intends to resume work; and the reason for the resumption.\n(sec.78-ssec.4) This section does not affect an employee’s entitlement to— special pregnancy-related leave or sick leave under section 85 ; or late term pregnancy leave under section 85AA ; or if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or birth-related leave for the birth of a stillborn child under section 85A .\n- (a) the employee withdraws the application for leave by written notice to the employer; or\n- (b) the pregnancy ends other than by the birth of a living child or stillborn child; or\n- (c) the adoption of the child by the employee does not proceed; or\n- (d) a child does not start residing with the employee under the surrogacy arrangement; or\n- (e) a cultural recognition order transferring the parentage of a child to the employee is not made.\n- (a) the pregnancy ends other than by the birth of a living child; or\n- (b) the child in relation to whom the employee is on parental leave dies; or\n- (c) the adoption of the child by the employee does not proceed or continue; or\n- (d) the residence of the child with the employee under the surrogacy arrangement does not start or continue; or\n- (e) a cultural recognition order transferring the parentage of a child to the employee is discharged.\n- (a) the employee intends to resume work; and\n- (b) the reason for the resumption.\n- (a) special pregnancy-related leave or sick leave under section 85 ; or\n- (b) late term pregnancy leave under section 85AA ; or\n- (c) if the pregnancy of an employee’s spouse ends other than by the birth of a living child or a stillborn child—short birth-related leave; or\n- (d) birth-related leave for the birth of a stillborn child under section 85A .","sortOrder":93},{"sectionNumber":"sec.79","sectionType":"section","heading":"Parental leave with other leave","content":"### sec.79 Parental leave with other leave\n\nAn employee may take any annual leave or long service leave to which the employee is entitled instead of or together with parental leave.\nHowever, the total period of leave can not extend beyond the maximum period of parental leave.\nWhile the employee is on unpaid parental leave, the employee is not entitled to paid sick leave or other paid leave, unless the employer agrees.\nIn this section—\nother paid leave means paid leave authorised by any of the following—\na law;\nan applicable industrial instrument;\na contract of employment.\ns 79 amd 2022 No. 27 s 3 sch 1\n(sec.79-ssec.1) An employee may take any annual leave or long service leave to which the employee is entitled instead of or together with parental leave.\n(sec.79-ssec.2) However, the total period of leave can not extend beyond the maximum period of parental leave.\n(sec.79-ssec.3) While the employee is on unpaid parental leave, the employee is not entitled to paid sick leave or other paid leave, unless the employer agrees.\n(sec.79-ssec.4) In this section— other paid leave means paid leave authorised by any of the following— a law; an applicable industrial instrument; a contract of employment.\n- (a) a law;\n- (b) an applicable industrial instrument;\n- (c) a contract of employment.","sortOrder":94},{"sectionNumber":"sec.80","sectionType":"section","heading":"Working on a keeping in touch day during period of parental leave","content":"### sec.80 Working on a keeping in touch day during period of parental leave\n\nAn employee may work for the employee’s employer on a day (a keeping in touch day ) during the employee’s unpaid parental leave if—\nthe purpose of performing the work is to enable the employee to keep in touch with the employee’s employment to facilitate a return to the employment after the end of the period of parental leave; and\nthe employer and employee agree to the employee performing the work for the employer on the day; and\nthe day is not within—\nif the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or\notherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and\nthe employee has not worked 10 or more keeping in touch days for the employer or another entity during the relevant leave period.\nThe employer will be obliged, under the applicable industrial instrument or contract of employment, to pay the employee for performing work on a keeping in touch day.\nIf the employee works on a keeping in touch day, the period of the parental leave is not broken or extended by the employee working on the keeping in touch day.\nThe period the employee works on the keeping in touch day is not relevant for this section.\nIn this section—\nrelevant leave period means—\nmeans a period of unpaid parental leave taken by the employee; or\nif an application for an extension of parental leave under section 73 is agreed to—the period agreed under section 73 .\nSee the Paid Parental Leave Act 2010 (Cwlth) , sections 48 to 50 for how working on a keeping in touch day within the meaning of that Act affects an employee’s eligibility for paid parental leave under that Act.\ns 80 amd 2020 No. 33 s 145\n(sec.80-ssec.1) An employee may work for the employee’s employer on a day (a keeping in touch day ) during the employee’s unpaid parental leave if— the purpose of performing the work is to enable the employee to keep in touch with the employee’s employment to facilitate a return to the employment after the end of the period of parental leave; and the employer and employee agree to the employee performing the work for the employer on the day; and the day is not within— if the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or otherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and the employee has not worked 10 or more keeping in touch days for the employer or another entity during the relevant leave period. The employer will be obliged, under the applicable industrial instrument or contract of employment, to pay the employee for performing work on a keeping in touch day.\n(sec.80-ssec.2) If the employee works on a keeping in touch day, the period of the parental leave is not broken or extended by the employee working on the keeping in touch day.\n(sec.80-ssec.3) The period the employee works on the keeping in touch day is not relevant for this section.\n(sec.80-ssec.4) In this section— relevant leave period means— means a period of unpaid parental leave taken by the employee; or if an application for an extension of parental leave under section 73 is agreed to—the period agreed under section 73 . See the Paid Parental Leave Act 2010 (Cwlth) , sections 48 to 50 for how working on a keeping in touch day within the meaning of that Act affects an employee’s eligibility for paid parental leave under that Act.\n- (a) the purpose of performing the work is to enable the employee to keep in touch with the employee’s employment to facilitate a return to the employment after the end of the period of parental leave; and\n- (b) the employer and employee agree to the employee performing the work for the employer on the day; and\n- (c) the day is not within— (i) if the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or (ii) otherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and\n- (i) if the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or\n- (ii) otherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and\n- (d) the employee has not worked 10 or more keeping in touch days for the employer or another entity during the relevant leave period.\n- (i) if the employee is asked by the employer to work on the day—14 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; or\n- (ii) otherwise—42 days after the child was born, adopted or started residing with the employee under a surrogacy arrangement or cultural recognition order; and\n- (a) means a period of unpaid parental leave taken by the employee; or\n- (b) if an application for an extension of parental leave under section 73 is agreed to—the period agreed under section 73 . Note— See the Paid Parental Leave Act 2010 (Cwlth) , sections 48 to 50 for how working on a keeping in touch day within the meaning of that Act affects an employee’s eligibility for paid parental leave under that Act.","sortOrder":95},{"sectionNumber":"sec.81","sectionType":"section","heading":"Interruption of parental leave by return to work","content":"### sec.81 Interruption of parental leave by return to work\n\nAn employee and employer may agree that the employee break the period of parental leave by returning to work for the employer, whether on a full-time, part-time or casual basis.\nThe period of parental leave can not be extended by the return to work beyond the maximum period of parental leave under section 62 .\n(sec.81-ssec.1) An employee and employer may agree that the employee break the period of parental leave by returning to work for the employer, whether on a full-time, part-time or casual basis.\n(sec.81-ssec.2) The period of parental leave can not be extended by the return to work beyond the maximum period of parental leave under section 62 .","sortOrder":96},{"sectionNumber":"sec.82","sectionType":"section","heading":"Extending period of parental leave by notice","content":"### sec.82 Extending period of parental leave by notice\n\nAn employee may extend the period of parental leave by written notice given to the employer at least 14 days—\nbefore the start of the parental leave; or\nif the parental leave has been started—before the parental leave ends.\nThe notice must state when the extended period of parental leave ends.\nThe total period of parental leave can not be extended under subsection (1) beyond the total period mentioned in section 62 (1) (a) .\nParental leave may be extended under subsection (1) only once.\n(sec.82-ssec.1) An employee may extend the period of parental leave by written notice given to the employer at least 14 days— before the start of the parental leave; or if the parental leave has been started—before the parental leave ends.\n(sec.82-ssec.2) The notice must state when the extended period of parental leave ends.\n(sec.82-ssec.3) The total period of parental leave can not be extended under subsection (1) beyond the total period mentioned in section 62 (1) (a) .\n(sec.82-ssec.4) Parental leave may be extended under subsection (1) only once.\n- (a) before the start of the parental leave; or\n- (b) if the parental leave has been started—before the parental leave ends.","sortOrder":97},{"sectionNumber":"sec.83","sectionType":"section","heading":"Shortening period of parental leave","content":"### sec.83 Shortening period of parental leave\n\nIf the employer agrees, an employee may shorten parental leave by written notice given to the employer at least 14 days before the employee wants to return to work.","sortOrder":98},{"sectionNumber":"sec.84","sectionType":"section","heading":"Effect on parental leave of employee ceasing to be responsible for the care of the child","content":"### sec.84 Effect on parental leave of employee ceasing to be responsible for the care of the child\n\nThis section applies if—\nduring a substantial period starting on or after the start of an employee’s long parental leave the employee is no longer responsible for the care of the child; and\nconsidering the length of the period and any other relevant circumstances, it is reasonable to expect the employee will not be responsible for the care of the child within a reasonable period.\nThe employer may notify the employee of the day, at least 4 weeks after the employer gives the notice, on which the employee must return to work.\nIf the employee returns to work, the employer must cancel the rest of the leave.\n(sec.84-ssec.1) This section applies if— during a substantial period starting on or after the start of an employee’s long parental leave the employee is no longer responsible for the care of the child; and considering the length of the period and any other relevant circumstances, it is reasonable to expect the employee will not be responsible for the care of the child within a reasonable period.\n(sec.84-ssec.2) The employer may notify the employee of the day, at least 4 weeks after the employer gives the notice, on which the employee must return to work.\n(sec.84-ssec.3) If the employee returns to work, the employer must cancel the rest of the leave.\n- (a) during a substantial period starting on or after the start of an employee’s long parental leave the employee is no longer responsible for the care of the child; and\n- (b) considering the length of the period and any other relevant circumstances, it is reasonable to expect the employee will not be responsible for the care of the child within a reasonable period.","sortOrder":99},{"sectionNumber":"sec.85","sectionType":"section","heading":"Special pregnancy-related leave and sick leave","content":"### sec.85 Special pregnancy-related leave and sick leave\n\nThis section applies if—\nan employee’s pregnancy ends before the expected date of birth, other than by the birth of a living child or stillborn child; or\nbefore an employee starts birth-related leave, the employee suffers illness related to the employee’s pregnancy.\nFor as long as a health practitioner certifies leave is necessary, the employee is entitled to the following types of leave—\nunpaid leave ( special pregnancy-related leave );\npaid sick leave, either instead of, or as well as, special pregnancy-related leave.\ns 85 amd 2022 No. 27 s 19\n(sec.85-ssec.1) This section applies if— an employee’s pregnancy ends before the expected date of birth, other than by the birth of a living child or stillborn child; or before an employee starts birth-related leave, the employee suffers illness related to the employee’s pregnancy.\n(sec.85-ssec.2) For as long as a health practitioner certifies leave is necessary, the employee is entitled to the following types of leave— unpaid leave ( special pregnancy-related leave ); paid sick leave, either instead of, or as well as, special pregnancy-related leave.\n- (a) an employee’s pregnancy ends before the expected date of birth, other than by the birth of a living child or stillborn child; or\n- (b) before an employee starts birth-related leave, the employee suffers illness related to the employee’s pregnancy.\n- (a) unpaid leave ( special pregnancy-related leave );\n- (b) paid sick leave, either instead of, or as well as, special pregnancy-related leave.","sortOrder":100},{"sectionNumber":"sec.85AA","sectionType":"section","heading":"Late term pregnancy leave","content":"### sec.85AA Late term pregnancy leave\n\nA pregnant employee is entitled to unpaid leave ( late term pregnancy leave ) for a period immediately before the employee starts birth-related leave.\nLate term pregnancy leave can not start earlier than 6 weeks before the expected date of birth.\nThe employee must, before starting the leave, give the employer at least 4 weeks written notice of intention to take the leave.\nThe employee may withdraw the notice of intention to take late term pregnancy leave by written notice to the employer before the leave starts.\nSubject to subsection (6) , late term pregnancy leave must be taken as a single continuous period continuing until the employee starts birth-related leave.\nLate term pregnancy leave may be interrupted by special pregnancy-related leave or sick leave under section 85 .\nIf, while an employee is taking late term pregnancy leave, the pregnancy ends other than by the birth of a living child, the employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating—\nthat the employee intends to resume work; and\nthe reason for the resumption.\ns 85AA ins 2024 No. 40 s 7\n(sec.85AA-ssec.1) A pregnant employee is entitled to unpaid leave ( late term pregnancy leave ) for a period immediately before the employee starts birth-related leave.\n(sec.85AA-ssec.2) Late term pregnancy leave can not start earlier than 6 weeks before the expected date of birth.\n(sec.85AA-ssec.3) The employee must, before starting the leave, give the employer at least 4 weeks written notice of intention to take the leave.\n(sec.85AA-ssec.4) The employee may withdraw the notice of intention to take late term pregnancy leave by written notice to the employer before the leave starts.\n(sec.85AA-ssec.5) Subject to subsection (6) , late term pregnancy leave must be taken as a single continuous period continuing until the employee starts birth-related leave.\n(sec.85AA-ssec.6) Late term pregnancy leave may be interrupted by special pregnancy-related leave or sick leave under section 85 .\n(sec.85AA-ssec.7) If, while an employee is taking late term pregnancy leave, the pregnancy ends other than by the birth of a living child, the employee is entitled to resume work at a time nominated by the employer within 2 weeks after the day on which the employee gives the employer a written notice stating— that the employee intends to resume work; and the reason for the resumption.\n- (a) that the employee intends to resume work; and\n- (b) the reason for the resumption.","sortOrder":101},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Birth-related leave—stillborn child","content":"### sec.85A Birth-related leave—stillborn child\n\nThis section applies if an employee’s pregnancy ends by the birth of a stillborn child.\nThe employee and the employee’s spouse are each entitled to the birth-related leave that they would have been entitled to if the child had been born living.\nFor this division, the employee and the employee’s spouse are taken to be responsible for caring for a child.\ns 85A ins 2022 No. 27 s 20\n(sec.85A-ssec.1) This section applies if an employee’s pregnancy ends by the birth of a stillborn child.\n(sec.85A-ssec.2) The employee and the employee’s spouse are each entitled to the birth-related leave that they would have been entitled to if the child had been born living.\n(sec.85A-ssec.3) For this division, the employee and the employee’s spouse are taken to be responsible for caring for a child.","sortOrder":102},{"sectionNumber":"sec.86","sectionType":"section","heading":"Special adoption leave","content":"### sec.86 Special adoption leave\n\nAn employee who is seeking to adopt a child is entitled to up to 2 days unpaid leave to attend compulsory interviews or examinations as part of the procedure for adoption.","sortOrder":103},{"sectionNumber":"sec.87","sectionType":"section","heading":"Special surrogacy leave","content":"### sec.87 Special surrogacy leave\n\nAn employee who is an intended parent under a surrogacy arrangement is entitled to up to 2 days unpaid leave to attend compulsory interviews or court hearings associated with the surrogacy arrangement.","sortOrder":104},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Special cultural recognition order leave","content":"### sec.87A Special cultural recognition order leave\n\nAn employee who is a birth parent or a cultural parent under an application for a cultural recognition order is entitled to up to 2 days unpaid leave to prepare material and give to the commissioner information associated with the application.\nIn this section—\nbirth parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 9 .\ncommissioner see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1 .\ns 87A ins 2020 No. 33 s 146\n(sec.87A-ssec.1) An employee who is a birth parent or a cultural parent under an application for a cultural recognition order is entitled to up to 2 days unpaid leave to prepare material and give to the commissioner information associated with the application.\n(sec.87A-ssec.2) In this section— birth parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 9 . commissioner see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1 .","sortOrder":105},{"sectionNumber":"sec.87B","sectionType":"section","heading":"Flexible parental leave","content":"### sec.87B Flexible parental leave\n\nThis section applies if—\nan employee is entitled to parental leave under subdivision 2 to be responsible for the care of a child of the employee; and\nthe periods of the parental leave the employee has taken for the child, and any late term pregnancy leave the employee has taken under section 85AA , total less than 52 weeks.\nThe maximum number of days of unpaid flexible parent leave the employee is entitled to in relation to the child is—\n100 days; or\nif a greater number of days is prescribed by regulation, the prescribed number of days.\nHowever, the employee’s entitlement to flexible parental leave under subsection (2) ends when—\nthe sum of the following amounts equals or exceeds 52 weeks—\nthe total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA ;\nthe total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4) ; or\nthe period mentioned in subsection (6) ends.\nFor subsection (3) (a) (ii) , the number of days of flexible parental leave taken by the employee is expressed as a notional 5-day work week by adding 2 days of notional weekend for each 5 days of leave taken.\nThe employee’s flexible parental leave under subsection (2) may be taken—\nwhether or not the employee has taken any of the parental leave the employee is entitled to take to be responsible for the care of the child; and\nin an unbroken period or broken periods; and\nif the total period of the parental leave taken by the employee for the child concurrently with the employee’s spouse, if any, does not exceed 8 weeks—concurrently with the employee’s spouse’s parental leave for the child.\nThe employee may take flexible parental leave within the period of 104 weeks after—\nthe child was born; or\nthe child was adopted by the employee; or\nthe child started residing with the employee under the surrogacy arrangement; or\nthe child’s parentage was transferred to the employee under a cultural recognition order.\nIf the child and another child of the employee were born during the same multiple birth, or were adopted by the employee on the same day, the employee’s entitlement to flexible parental leave under this section—\napplies jointly in relation to both children; and\ndoes not apply separately in relation to each child.\nThe employee’s entitlement to take parental leave under subdivision 2 to be responsible for the care of the child ends on the first day the employee takes flexible parental leave in relation to the child.\nHowever, subsection (8) does not affect the employee’s entitlement to flexible parental leave under this section.\nIn this section, a reference to parental leave taken by an employee for a child—\nis a reference to the parental leave taken by the employee under subdivision 2 to be responsible for the care of the child; but\ndoes not include parental leave taken that is part of an extended period of parental leave agreed to in response to an application under section 73 .\ns 87B ins 2022 No. 27 s 21\namd 2024 No. 40 s 8\n(sec.87B-ssec.1) This section applies if— an employee is entitled to parental leave under subdivision 2 to be responsible for the care of a child of the employee; and the periods of the parental leave the employee has taken for the child, and any late term pregnancy leave the employee has taken under section 85AA , total less than 52 weeks.\n(sec.87B-ssec.2) The maximum number of days of unpaid flexible parent leave the employee is entitled to in relation to the child is— 100 days; or if a greater number of days is prescribed by regulation, the prescribed number of days.\n(sec.87B-ssec.3) However, the employee’s entitlement to flexible parental leave under subsection (2) ends when— the sum of the following amounts equals or exceeds 52 weeks— the total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA ; the total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4) ; or the period mentioned in subsection (6) ends.\n(sec.87B-ssec.4) For subsection (3) (a) (ii) , the number of days of flexible parental leave taken by the employee is expressed as a notional 5-day work week by adding 2 days of notional weekend for each 5 days of leave taken.\n(sec.87B-ssec.5) The employee’s flexible parental leave under subsection (2) may be taken— whether or not the employee has taken any of the parental leave the employee is entitled to take to be responsible for the care of the child; and in an unbroken period or broken periods; and if the total period of the parental leave taken by the employee for the child concurrently with the employee’s spouse, if any, does not exceed 8 weeks—concurrently with the employee’s spouse’s parental leave for the child.\n(sec.87B-ssec.6) The employee may take flexible parental leave within the period of 104 weeks after— the child was born; or the child was adopted by the employee; or the child started residing with the employee under the surrogacy arrangement; or the child’s parentage was transferred to the employee under a cultural recognition order.\n(sec.87B-ssec.7) If the child and another child of the employee were born during the same multiple birth, or were adopted by the employee on the same day, the employee’s entitlement to flexible parental leave under this section— applies jointly in relation to both children; and does not apply separately in relation to each child.\n(sec.87B-ssec.8) The employee’s entitlement to take parental leave under subdivision 2 to be responsible for the care of the child ends on the first day the employee takes flexible parental leave in relation to the child.\n(sec.87B-ssec.9) However, subsection (8) does not affect the employee’s entitlement to flexible parental leave under this section.\n(sec.87B-ssec.10) In this section, a reference to parental leave taken by an employee for a child— is a reference to the parental leave taken by the employee under subdivision 2 to be responsible for the care of the child; but does not include parental leave taken that is part of an extended period of parental leave agreed to in response to an application under section 73 .\n- (a) an employee is entitled to parental leave under subdivision 2 to be responsible for the care of a child of the employee; and\n- (b) the periods of the parental leave the employee has taken for the child, and any late term pregnancy leave the employee has taken under section 85AA , total less than 52 weeks.\n- (a) 100 days; or\n- (b) if a greater number of days is prescribed by regulation, the prescribed number of days.\n- (a) the sum of the following amounts equals or exceeds 52 weeks— (i) the total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA ; (ii) the total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4) ; or\n- (i) the total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA ;\n- (ii) the total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4) ; or\n- (b) the period mentioned in subsection (6) ends.\n- (i) the total of the periods of parental leave taken by the employee for the child under subdivision 2 and any late term pregnancy leave the employee has taken under section 85AA ;\n- (ii) the total number of days of flexible parental leave taken in relation to the child, expressed as a notional 5-day work week in the way mentioned in subsection (4) ; or\n- (a) whether or not the employee has taken any of the parental leave the employee is entitled to take to be responsible for the care of the child; and\n- (b) in an unbroken period or broken periods; and\n- (c) if the total period of the parental leave taken by the employee for the child concurrently with the employee’s spouse, if any, does not exceed 8 weeks—concurrently with the employee’s spouse’s parental leave for the child.\n- (a) the child was born; or\n- (b) the child was adopted by the employee; or\n- (c) the child started residing with the employee under the surrogacy arrangement; or\n- (d) the child’s parentage was transferred to the employee under a cultural recognition order.\n- (a) applies jointly in relation to both children; and\n- (b) does not apply separately in relation to each child.\n- (a) is a reference to the parental leave taken by the employee under subdivision 2 to be responsible for the care of the child; but\n- (b) does not include parental leave taken that is part of an extended period of parental leave agreed to in response to an application under section 73 .","sortOrder":106},{"sectionNumber":"sec.88","sectionType":"section","heading":"Return to work after parental leave etc.","content":"### sec.88 Return to work after parental leave etc.\n\nThis section applies to an employee who returns to work after—\nparental leave; or\nspecial pregnancy-related leave or sick leave under section 85 .\nThe employee is entitled to be employed in—\nthe position held by the employee immediately before starting parental leave; or\nif the employee worked part-time because of the pregnancy before starting birth-related leave—the position held by the employee immediately before starting part-time work; or\nif the employee was transferred to a safe job under section 89 before starting birth-related leave—the position held by the employee immediately before the transfer.\nIf the position mentioned in subsection (2) no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee’s former position.\nAn employer must make a position to which the employee is entitled available to the employee.\nIf a long term casual employee’s hours were reduced because of the pregnancy before starting birth-related leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.\ns 88 amd 2022 No. 27 s 22\n(sec.88-ssec.1) This section applies to an employee who returns to work after— parental leave; or special pregnancy-related leave or sick leave under section 85 .\n(sec.88-ssec.2) The employee is entitled to be employed in— the position held by the employee immediately before starting parental leave; or if the employee worked part-time because of the pregnancy before starting birth-related leave—the position held by the employee immediately before starting part-time work; or if the employee was transferred to a safe job under section 89 before starting birth-related leave—the position held by the employee immediately before the transfer.\n(sec.88-ssec.3) If the position mentioned in subsection (2) no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee’s former position.\n(sec.88-ssec.4) An employer must make a position to which the employee is entitled available to the employee.\n(sec.88-ssec.5) If a long term casual employee’s hours were reduced because of the pregnancy before starting birth-related leave, the employer must restore the employee’s hours to hours equivalent to those worked immediately before the hours were reduced.\n- (a) parental leave; or\n- (b) special pregnancy-related leave or sick leave under section 85 .\n- (a) the position held by the employee immediately before starting parental leave; or\n- (b) if the employee worked part-time because of the pregnancy before starting birth-related leave—the position held by the employee immediately before starting part-time work; or\n- (c) if the employee was transferred to a safe job under section 89 before starting birth-related leave—the position held by the employee immediately before the transfer.","sortOrder":107},{"sectionNumber":"sec.89","sectionType":"section","heading":"Transfer to a safe job","content":"### sec.89 Transfer to a safe job\n\nThis section applies whenever the present work of an employee is, because the employee is pregnant or breastfeeding, a risk to the health and safety of the employee or the employee’s unborn or newborn child.\nThe assessment of the risk is to be made on the basis of—\na health practitioner’s certificate given by the employee to the employer; and\nthe employer’s duties under the Work Health and Safety Act 2011 .\nThe employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk.\nIf an adjustment is not feasible or can not reasonably be required to be made, the employer must transfer the employee to other appropriate work that—\nwill not expose the employee to the risk; and\nis, as nearly as possible, comparable in status and remuneration to that of the employee’s present work.\nIf a transfer is not feasible or can not reasonably be required to be made, the employer must grant the employee birth-related leave, or any available paid sick leave, for as long as a health practitioner certifies the leave is necessary to avoid exposure to the risk.\ns 89 amd 2022 No. 27 s 23\n(sec.89-ssec.1) This section applies whenever the present work of an employee is, because the employee is pregnant or breastfeeding, a risk to the health and safety of the employee or the employee’s unborn or newborn child.\n(sec.89-ssec.2) The assessment of the risk is to be made on the basis of— a health practitioner’s certificate given by the employee to the employer; and the employer’s duties under the Work Health and Safety Act 2011 .\n(sec.89-ssec.3) The employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk.\n(sec.89-ssec.4) If an adjustment is not feasible or can not reasonably be required to be made, the employer must transfer the employee to other appropriate work that— will not expose the employee to the risk; and is, as nearly as possible, comparable in status and remuneration to that of the employee’s present work.\n(sec.89-ssec.5) If a transfer is not feasible or can not reasonably be required to be made, the employer must grant the employee birth-related leave, or any available paid sick leave, for as long as a health practitioner certifies the leave is necessary to avoid exposure to the risk.\n- (a) a health practitioner’s certificate given by the employee to the employer; and\n- (b) the employer’s duties under the Work Health and Safety Act 2011 .\n- (a) will not expose the employee to the risk; and\n- (b) is, as nearly as possible, comparable in status and remuneration to that of the employee’s present work.","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Continuity of service","content":"### sec.90 Continuity of service\n\nParental leave and flexible parental leave do not break an employee’s continuity of service.\nParental leave and flexible parental leave are not to be taken into account in working out the employee’s period of service, other than—\nto decide the employee’s entitlement to a later period of parental leave or a period of flexible parental leave; or\nas expressly provided in—\nthis Act; or\nan applicable industrial instrument; or\na contract of employment.\nIn this section—\nflexible parental leave means leave an employee is entitled to under section 87B .\ns 90 amd 2022 No. 27 ss 24 , 3 sch 1\n(sec.90-ssec.1) Parental leave and flexible parental leave do not break an employee’s continuity of service.\n(sec.90-ssec.2) Parental leave and flexible parental leave are not to be taken into account in working out the employee’s period of service, other than— to decide the employee’s entitlement to a later period of parental leave or a period of flexible parental leave; or as expressly provided in— this Act; or an applicable industrial instrument; or a contract of employment.\n(sec.90-ssec.3) In this section— flexible parental leave means leave an employee is entitled to under section 87B .\n- (a) to decide the employee’s entitlement to a later period of parental leave or a period of flexible parental leave; or\n- (b) as expressly provided in— (i) this Act; or (ii) an applicable industrial instrument; or (iii) a contract of employment.\n- (i) this Act; or\n- (ii) an applicable industrial instrument; or\n- (iii) a contract of employment.\n- (i) this Act; or\n- (ii) an applicable industrial instrument; or\n- (iii) a contract of employment.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Dismissal because of pregnancy or parental leave","content":"### sec.91 Dismissal because of pregnancy or parental leave\n\nAn employer must not dismiss an employee because—\nthe employee or the employee’s spouse is pregnant or has applied to adopt a child; or\nthe employee or the employee’s spouse has given birth to a child or adopted a child; or\nthe employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or\nthe employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or\nthe employee has applied for, or is absent on, parental leave.\nThis section does not affect any other rights of—\nan employer to dismiss an employee; or\na dismissed employee.\ns 91 amd 2020 No. 33 s 147\n(sec.91-ssec.1) An employer must not dismiss an employee because— the employee or the employee’s spouse is pregnant or has applied to adopt a child; or the employee or the employee’s spouse has given birth to a child or adopted a child; or the employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or the employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or the employee has applied for, or is absent on, parental leave.\n(sec.91-ssec.2) This section does not affect any other rights of— an employer to dismiss an employee; or a dismissed employee.\n- (a) the employee or the employee’s spouse is pregnant or has applied to adopt a child; or\n- (b) the employee or the employee’s spouse has given birth to a child or adopted a child; or\n- (c) the employee is an intended parent under a surrogacy arrangement or the employee’s surrogate child has started residing with the employee under a surrogacy arrangement; or\n- (d) the employee is a cultural parent who has applied for a cultural recognition order or the child who is the subject of a cultural recognition order has started residing with the employee under the order; or\n- (e) the employee has applied for, or is absent on, parental leave.\n- (a) an employer to dismiss an employee; or\n- (b) a dismissed employee.","sortOrder":110},{"sectionNumber":"sec.92","sectionType":"section","heading":"Replacement employees","content":"### sec.92 Replacement employees\n\nThe employer must, before a replacement employee starts employment, give the replacement employee a written notice informing the replacement employee of—\nthe temporary nature of the employment; and\nthe parent’s right to return to work.\nIn this section—\nreplacement employee means—\na person who is specifically employed because an employee (the parent )—\nstarts parental leave; or\nis transferred to a safe job under section 89 ; or\na person replacing an employee who is temporarily promoted or transferred to replace the parent.\n(sec.92-ssec.1) The employer must, before a replacement employee starts employment, give the replacement employee a written notice informing the replacement employee of— the temporary nature of the employment; and the parent’s right to return to work.\n(sec.92-ssec.2) In this section— replacement employee means— a person who is specifically employed because an employee (the parent )— starts parental leave; or is transferred to a safe job under section 89 ; or a person replacing an employee who is temporarily promoted or transferred to replace the parent.\n- (a) the temporary nature of the employment; and\n- (b) the parent’s right to return to work.\n- (a) a person who is specifically employed because an employee (the parent )— (i) starts parental leave; or (ii) is transferred to a safe job under section 89 ; or\n- (i) starts parental leave; or\n- (ii) is transferred to a safe job under section 89 ; or\n- (b) a person replacing an employee who is temporarily promoted or transferred to replace the parent.\n- (i) starts parental leave; or\n- (ii) is transferred to a safe job under section 89 ; or","sortOrder":111},{"sectionNumber":"ch.2-pt.3-div.9","sectionType":"division","heading":"Long service leave","content":"## Long service leave","sortOrder":112},{"sectionNumber":"sec.93","sectionType":"section","heading":"Definitions for division","content":"### sec.93 Definitions for division\n\nIn this division—\ncontinuous service , of an employee, means—\nin section 107 —the period of continuous service the employee is taken to have had with an employer under section 107 (2) (b) ; or\nelsewhere—the employee’s continuous service with the same employer, whether wholly in the State or partly in and partly outside the State.\nowner , of a meat works, includes a person who carries on the business of the works.\nperiod between seasons includes the period between—\nthe end of 1 season and the start of the next season; and\nfor a particular employee—the day the employee stops employment in 1 season and the day the employee starts employment in the next season.\nseason means a period, whether falling completely in 1 calendar year or partly in 1 calendar year and partly in the next calendar year, when—\nfor the sugar industry—\nsugar cane is delivered to, and crushed at, a sugar mill; or\nsugar cane is harvested, or farm work is performed, in the sugar industry; or\nfor a meat works—stock are delivered to, and slaughtered at, the works.\n- (a) in section 107 —the period of continuous service the employee is taken to have had with an employer under section 107 (2) (b) ; or\n- (b) elsewhere—the employee’s continuous service with the same employer, whether wholly in the State or partly in and partly outside the State.\n- (a) the end of 1 season and the start of the next season; and\n- (b) for a particular employee—the day the employee stops employment in 1 season and the day the employee starts employment in the next season.\n- (a) for the sugar industry— (i) sugar cane is delivered to, and crushed at, a sugar mill; or (ii) sugar cane is harvested, or farm work is performed, in the sugar industry; or\n- (i) sugar cane is delivered to, and crushed at, a sugar mill; or\n- (ii) sugar cane is harvested, or farm work is performed, in the sugar industry; or\n- (b) for a meat works—stock are delivered to, and slaughtered at, the works.\n- (i) sugar cane is delivered to, and crushed at, a sugar mill; or\n- (ii) sugar cane is harvested, or farm work is performed, in the sugar industry; or","sortOrder":113},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application of pt 4 for particular purposes","content":"### sec.94 Application of pt 4 for particular purposes\n\nTo remove any doubt, it is declared that the provisions of part 4 apply for working out an employee’s rights and entitlements to long service leave under this division, an applicable industrial instrument or a federal industrial instrument.","sortOrder":114},{"sectionNumber":"sec.95","sectionType":"section","heading":"Entitlement—employees other than seasonal employees","content":"### sec.95 Entitlement—employees other than seasonal employees\n\nThis section applies to an employee, other than a seasonal employee.\nFor provisions applicable to seasonal employees, see subdivisions 7 and 8 .\nThe employee is entitled to long service leave, on full pay, of—\nif the employee has completed 10 years continuous service—8.6667 weeks; and\nafter 10 years service, if the employee has completed at least a further 5 years continuous service—a period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.\nAn employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.\nHowever, if the employee’s service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if—\nthe employee’s service is terminated because of the employee’s death; or\nthe employee terminates the service because of—\nthe employee’s illness; or\na domestic or other pressing necessity; or\nthe termination is because the employer—\ndismisses the employee because of the employee’s illness; or\ndismisses the employee for another reason other than the employee’s conduct, capacity or performance; or\nunfairly dismisses the employee; or\nthe termination is because of the passing of time and—\nthe employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and\nthe employee was prepared to continue the employment with the employer.\nLong service leave is exclusive of a public holiday that falls during the period of the leave.\nAn employee who is entitled to long service leave other than under this Act is entitled to leave that is at least as favourable as the entitlement under this section.\nIn this section—\nillness includes injury, incapacity or other medical condition.\nproportionate payment means a payment equal to the employee’s full pay for a period that represents the same proportion of 8.6667 weeks that the employee’s period of continuous service bears to 10 years.\ns 95 amd 2020 No. 19 s 134\n(sec.95-ssec.1) This section applies to an employee, other than a seasonal employee. For provisions applicable to seasonal employees, see subdivisions 7 and 8 .\n(sec.95-ssec.2) The employee is entitled to long service leave, on full pay, of— if the employee has completed 10 years continuous service—8.6667 weeks; and after 10 years service, if the employee has completed at least a further 5 years continuous service—a period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.\n(sec.95-ssec.3) An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.\n(sec.95-ssec.4) However, if the employee’s service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if— the employee’s service is terminated because of the employee’s death; or the employee terminates the service because of— the employee’s illness; or a domestic or other pressing necessity; or the termination is because the employer— dismisses the employee because of the employee’s illness; or dismisses the employee for another reason other than the employee’s conduct, capacity or performance; or unfairly dismisses the employee; or the termination is because of the passing of time and— the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and the employee was prepared to continue the employment with the employer.\n(sec.95-ssec.5) Long service leave is exclusive of a public holiday that falls during the period of the leave.\n(sec.95-ssec.6) An employee who is entitled to long service leave other than under this Act is entitled to leave that is at least as favourable as the entitlement under this section.\n(sec.95-ssec.7) In this section— illness includes injury, incapacity or other medical condition. proportionate payment means a payment equal to the employee’s full pay for a period that represents the same proportion of 8.6667 weeks that the employee’s period of continuous service bears to 10 years.\n- (a) if the employee has completed 10 years continuous service—8.6667 weeks; and\n- (b) after 10 years service, if the employee has completed at least a further 5 years continuous service—a period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.\n- (a) the employee’s service is terminated because of the employee’s death; or\n- (b) the employee terminates the service because of— (i) the employee’s illness; or (ii) a domestic or other pressing necessity; or\n- (i) the employee’s illness; or\n- (ii) a domestic or other pressing necessity; or\n- (c) the termination is because the employer— (i) dismisses the employee because of the employee’s illness; or (ii) dismisses the employee for another reason other than the employee’s conduct, capacity or performance; or (iii) unfairly dismisses the employee; or\n- (i) dismisses the employee because of the employee’s illness; or\n- (ii) dismisses the employee for another reason other than the employee’s conduct, capacity or performance; or\n- (iii) unfairly dismisses the employee; or\n- (d) the termination is because of the passing of time and— (i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and (ii) the employee was prepared to continue the employment with the employer.\n- (i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and\n- (ii) the employee was prepared to continue the employment with the employer.\n- (i) the employee’s illness; or\n- (ii) a domestic or other pressing necessity; or\n- (i) dismisses the employee because of the employee’s illness; or\n- (ii) dismisses the employee for another reason other than the employee’s conduct, capacity or performance; or\n- (iii) unfairly dismisses the employee; or\n- (i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and\n- (ii) the employee was prepared to continue the employment with the employer.","sortOrder":115},{"sectionNumber":"sec.96","sectionType":"section","heading":"Continuity of service—service before 23 June 1990","content":"### sec.96 Continuity of service—service before 23 June 1990\n\nThis section applies to service of an employee, other than a casual employee, before 23 June 1990.\nThe repealed Industrial Conciliation and Arbitration Act 1961 , sections 17 , 18 , 19 and 20 , apply for—\nworking out the employee’s continuous service before 23 June 1990; and\ncalculating the employee’s entitlement to long service leave in relation to continuous service before 23 June 1990.\n(sec.96-ssec.1) This section applies to service of an employee, other than a casual employee, before 23 June 1990.\n(sec.96-ssec.2) The repealed Industrial Conciliation and Arbitration Act 1961 , sections 17 , 18 , 19 and 20 , apply for— working out the employee’s continuous service before 23 June 1990; and calculating the employee’s entitlement to long service leave in relation to continuous service before 23 June 1990.\n- (a) working out the employee’s continuous service before 23 June 1990; and\n- (b) calculating the employee’s entitlement to long service leave in relation to continuous service before 23 June 1990.","sortOrder":116},{"sectionNumber":"sec.97","sectionType":"section","heading":"Taking long service leave","content":"### sec.97 Taking long service leave\n\nThe commission may insert provisions in an applicable industrial instrument—\nabout when, the way in which, and the conditions on which, long service leave may be taken; or\nrequiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.\nAn employee and employer may agree when the employee will take long service leave.\nIf the employee and employer can not agree, the employer may—\ndecide when the employee will take long service leave; and\ngive the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.\n(sec.97-ssec.1) The commission may insert provisions in an applicable industrial instrument— about when, the way in which, and the conditions on which, long service leave may be taken; or requiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.\n(sec.97-ssec.2) An employee and employer may agree when the employee will take long service leave.\n(sec.97-ssec.3) If the employee and employer can not agree, the employer may— decide when the employee will take long service leave; and give the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.\n- (a) about when, the way in which, and the conditions on which, long service leave may be taken; or\n- (b) requiring that leave in the nature of long service leave taken, before the provisions take effect, by an employee to whom the instrument applies must be deducted from the long service leave to which the employee is entitled under the provisions.\n- (a) decide when the employee will take long service leave; and\n- (b) give the employee at least 3 months written notice of the date on which the employee must take at least 4 weeks long service leave.","sortOrder":117},{"sectionNumber":"sec.98","sectionType":"section","heading":"Rate of payment","content":"### sec.98 Rate of payment\n\nAn employer must pay an employee for long service leave at the following rate—\nif the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate—the higher rate;\notherwise—the ordinary rate being paid to the employee immediately before the leave is taken.\nAn employer must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the employer’s obligation under subsection (1) (a) .\nIf satisfied an employer has contravened subsection (2) , the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.\nIf, during the employee’s long service leave—\nthe ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period to which the increased rate applies; or\nthe ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period to which the reduced rate applies.\nIf the employee is a seasonal employee, this section applies subject to section 107 .\nIn this section—\nusual rate means the rate—\nat which the employee is being paid for ordinary time; and\nthat is higher than the ordinary rate.\n(sec.98-ssec.1) An employer must pay an employee for long service leave at the following rate— if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate—the higher rate; otherwise—the ordinary rate being paid to the employee immediately before the leave is taken.\n(sec.98-ssec.2) An employer must not reduce an employee’s usual rate, before an employee starts long service leave, with intent to avoid the employer’s obligation under subsection (1) (a) .\n(sec.98-ssec.3) If satisfied an employer has contravened subsection (2) , the commission may order the employer to pay the employee at the usual rate even though the employee was not being paid the usual rate immediately before starting leave.\n(sec.98-ssec.4) If, during the employee’s long service leave— the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period to which the increased rate applies; or the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period to which the reduced rate applies.\n(sec.98-ssec.5) If the employee is a seasonal employee, this section applies subject to section 107 .\n(sec.98-ssec.6) In this section— usual rate means the rate— at which the employee is being paid for ordinary time; and that is higher than the ordinary rate.\n- (a) if the employee is, immediately before taking the leave, being paid at a higher rate than the ordinary rate—the higher rate;\n- (b) otherwise—the ordinary rate being paid to the employee immediately before the leave is taken.\n- (a) the ordinary rate is increased above the higher rate—the employer must pay the employee at the increased rate for the part of the leave period to which the increased rate applies; or\n- (b) the ordinary rate is reduced—the employer may pay the employee at the reduced rate for the part of the leave period to which the reduced rate applies.\n- (a) at which the employee is being paid for ordinary time; and\n- (b) that is higher than the ordinary rate.","sortOrder":118},{"sectionNumber":"sec.99","sectionType":"section","heading":"Payment for commission","content":"### sec.99 Payment for commission\n\nIf an employee is entitled to receive an amount representing commission in the employee’s long service leave payment, the employer must pay the default average commission.\nSubsection (1) does not apply if—\na relevant industrial instrument, a federal award or federal agreement that applies to the employee, or a contract between the employer and employee otherwise provides; or\nthe commission, on application, considers the default average commission would not represent a fair amount in the circumstances.\nIf, on application under subsection (2) (b) , the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.\nIn this section—\ndefault average commission means the commission worked out using the following formula—\nwhere—\nC means the total commission payable to the employee in the 1 year before the leave is taken.\nDAC means the default average commission.\nW means the number of weeks leave for which payment is being made.\n(sec.99-ssec.1) If an employee is entitled to receive an amount representing commission in the employee’s long service leave payment, the employer must pay the default average commission.\n(sec.99-ssec.2) Subsection (1) does not apply if— a relevant industrial instrument, a federal award or federal agreement that applies to the employee, or a contract between the employer and employee otherwise provides; or the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.\n(sec.99-ssec.3) If, on application under subsection (2) (b) , the commission considers the default average commission would not represent a fair amount in the circumstances, the commission may make the order it considers appropriate in the circumstances.\n(sec.99-ssec.4) In this section— default average commission means the commission worked out using the following formula— where— C means the total commission payable to the employee in the 1 year before the leave is taken. DAC means the default average commission. W means the number of weeks leave for which payment is being made.\n- (a) a relevant industrial instrument, a federal award or federal agreement that applies to the employee, or a contract between the employer and employee otherwise provides; or\n- (b) the commission, on application, considers the default average commission would not represent a fair amount in the circumstances.","sortOrder":119},{"sectionNumber":"sec.100","sectionType":"section","heading":"Disputes about payment—piecework rates","content":"### sec.100 Disputes about payment—piecework rates\n\nThis section applies if a dispute arises between an employee who is paid at piecework rates and the employer about the rate the employee should be paid for long service leave.\nThe commission may decide the rate payable.\n(sec.100-ssec.1) This section applies if a dispute arises between an employee who is paid at piecework rates and the employer about the rate the employee should be paid for long service leave.\n(sec.100-ssec.2) The commission may decide the rate payable.","sortOrder":120},{"sectionNumber":"sec.101","sectionType":"section","heading":"Other matters relating to payment for long service leave","content":"### sec.101 Other matters relating to payment for long service leave\n\nAn employee and employer may agree on when, and the way in which, the employee will be paid for long service leave.\nThe commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.\nAn amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.\n(sec.101-ssec.1) An employee and employer may agree on when, and the way in which, the employee will be paid for long service leave.\n(sec.101-ssec.2) The commission may decide any matter relating to payment for long service leave that the employee and employer can not agree on.\n(sec.101-ssec.3) An amount payable for long service leave becomes payable at a time agreed between the employee and employer or, if they can not agree, at a time decided by the commission.","sortOrder":121},{"sectionNumber":"sec.102","sectionType":"section","heading":"Definition for subdivision","content":"### sec.102 Definition for subdivision\n\nIn this subdivision—\ncasual employee means an employee who is employed more than once by the same employer over a period.","sortOrder":122},{"sectionNumber":"sec.103","sectionType":"section","heading":"Continuity of service—casual employees","content":"### sec.103 Continuity of service—casual employees\n\nThis section applies to a casual employee.\nThe employee’s service is continuous service with the employer even though—\nthe employment is broken; or\nany of the employment is not full-time employment; or\nthe employee is employed by the employer under 2 or more contracts of employment; or\nthe employee would, apart from this section, be taken to be engaged in casual employment; or\nthe employee has engaged in other employment during the period.\nHowever, the continuous service ends if the employment is broken by more than 3 months between the end of 1 contract of employment and the start of the next contract of employment.\nIn working out the length of the employee’s continuous service—\nthe following service must not be taken into account—\nservice by the employee before 23 June 1990;\nif the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and\nsubject to subsection (3) , a period when the employee was not employed by the employer must be taken into account.\nSubsection (4) (a) (i) does not affect the employee’s entitlement to long service leave under—\nan award made before 23 June 1990; or\nthe repealed Industrial Conciliation and Arbitration Act 1961 .\nThis section does not limit any other entitlement to long service leave the employee may have.\ns 103 amd 2022 No. 27 s 3 sch 1\n(sec.103-ssec.1) This section applies to a casual employee.\n(sec.103-ssec.2) The employee’s service is continuous service with the employer even though— the employment is broken; or any of the employment is not full-time employment; or the employee is employed by the employer under 2 or more contracts of employment; or the employee would, apart from this section, be taken to be engaged in casual employment; or the employee has engaged in other employment during the period.\n(sec.103-ssec.3) However, the continuous service ends if the employment is broken by more than 3 months between the end of 1 contract of employment and the start of the next contract of employment.\n(sec.103-ssec.4) In working out the length of the employee’s continuous service— the following service must not be taken into account— service by the employee before 23 June 1990; if the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and subject to subsection (3) , a period when the employee was not employed by the employer must be taken into account.\n(sec.103-ssec.5) Subsection (4) (a) (i) does not affect the employee’s entitlement to long service leave under— an award made before 23 June 1990; or the repealed Industrial Conciliation and Arbitration Act 1961 .\n(sec.103-ssec.6) This section does not limit any other entitlement to long service leave the employee may have.\n- (a) the employment is broken; or\n- (b) any of the employment is not full-time employment; or\n- (c) the employee is employed by the employer under 2 or more contracts of employment; or\n- (d) the employee would, apart from this section, be taken to be engaged in casual employment; or\n- (e) the employee has engaged in other employment during the period.\n- (a) the following service must not be taken into account— (i) service by the employee before 23 June 1990; (ii) if the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and\n- (i) service by the employee before 23 June 1990;\n- (ii) if the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and\n- (b) subject to subsection (3) , a period when the employee was not employed by the employer must be taken into account.\n- (i) service by the employee before 23 June 1990;\n- (ii) if the employee obtained the entitlement only because of the enactment of the repealed Industrial Relations Reform Act 1994 , section 17 —the employee’s service between 23 June 1990 and 30 March 1994; and\n- (a) an award made before 23 June 1990; or\n- (b) the repealed Industrial Conciliation and Arbitration Act 1961 .","sortOrder":123},{"sectionNumber":"sec.104","sectionType":"section","heading":"Taking long service leave—casual or regular part-time employees","content":"### sec.104 Taking long service leave—casual or regular part-time employees\n\nThis section applies to a casual employee or regular part-time employee.\nThe employer may agree with the employee that the employee’s entitlement to long service leave may be taken in the form of its full-time equivalent.\nAn employee—\nis entitled to be paid for 247 hours long service leave; and\nworks under an award that provides for a full-time working week of 38 ordinary working hours.\nThe employee and the employer may agree that the employee take 61/2 weeks leave (247 ÷ 38 = 61/2).\n(sec.104-ssec.1) This section applies to a casual employee or regular part-time employee.\n(sec.104-ssec.2) The employer may agree with the employee that the employee’s entitlement to long service leave may be taken in the form of its full-time equivalent. An employee— is entitled to be paid for 247 hours long service leave; and works under an award that provides for a full-time working week of 38 ordinary working hours. The employee and the employer may agree that the employee take 61/2 weeks leave (247 ÷ 38 = 61/2).\n- (a) is entitled to be paid for 247 hours long service leave; and\n- (b) works under an award that provides for a full-time working week of 38 ordinary working hours.","sortOrder":124},{"sectionNumber":"sec.105","sectionType":"section","heading":"Payment for long service leave","content":"### sec.105 Payment for long service leave\n\nThis section applies to an employee who is entitled to long service leave if the employee was a casual employee or regular part-time employee at any time during the employee’s continuous service to which the long service leave relates.\nThe minimum amount payable to the employee for long service leave is worked out using the formula—\nAn employee who worked 15,600 ordinary working hours over a 10-year period and is being paid an hourly rate of $12 is entitled to be paid—\nIn this section—\nactual service means the total ordinary working hours actually worked by an employee during the employee’s period of continuous service.\nhourly rate means the hourly rate for ordinary time payable to the employee—\nif the employee takes the long service leave—on the day the employee’s leave starts; or\nif the employee’s employment is terminated—on the day the termination takes effect.\n(sec.105-ssec.1) This section applies to an employee who is entitled to long service leave if the employee was a casual employee or regular part-time employee at any time during the employee’s continuous service to which the long service leave relates.\n(sec.105-ssec.2) The minimum amount payable to the employee for long service leave is worked out using the formula— An employee who worked 15,600 ordinary working hours over a 10-year period and is being paid an hourly rate of $12 is entitled to be paid—\n(sec.105-ssec.3) In this section— actual service means the total ordinary working hours actually worked by an employee during the employee’s period of continuous service. hourly rate means the hourly rate for ordinary time payable to the employee— if the employee takes the long service leave—on the day the employee’s leave starts; or if the employee’s employment is terminated—on the day the termination takes effect.\n- (a) if the employee takes the long service leave—on the day the employee’s leave starts; or\n- (b) if the employee’s employment is terminated—on the day the termination takes effect.","sortOrder":125},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application of subdivision","content":"### sec.106 Application of subdivision\n\nThis subdivision applies to the following seasonal employees—\nan employee employed in seasonal employment in the sugar industry;\nan employee employed in or about meat works in seasonal employment by the meat works owner.\n- (a) an employee employed in seasonal employment in the sugar industry;\n- (b) an employee employed in or about meat works in seasonal employment by the meat works owner.","sortOrder":126},{"sectionNumber":"sec.107","sectionType":"section","heading":"Entitlement to long service leave","content":"### sec.107 Entitlement to long service leave\n\nThe employee is entitled to long service leave on full pay of at least the number of weeks worked out using the following formula—\nwhere—\nentitlement means the entitlement to long service leave of an employee under section 95 .\nservice means actual service expressed as a part of a year.\nAn employee who worked half of each year, over a 10-year period, is entitled to half the entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5 / 10 = 4.3334).\nIn working out the length of the employee’s continuous service—\nservice with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and\na period between seasons when the employee is not employed by the employer must be taken into account if—\nin 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and\nin the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.\nIf the employee is employed by the employer between seasons, the part of the period between seasons when the employee is employed must be taken into account in working out the length of the employee’s actual service.\nIf the employee is entitled to long service leave other than under this Act, the employee is entitled to leave that is at least as favourable as the entitlement under this section.\nIn this section—\nactual service means the total ordinary time in years actually worked by the employee during the employee’s period of continuous service.\n(sec.107-ssec.1) The employee is entitled to long service leave on full pay of at least the number of weeks worked out using the following formula— where— entitlement means the entitlement to long service leave of an employee under section 95 . service means actual service expressed as a part of a year. An employee who worked half of each year, over a 10-year period, is entitled to half the entitlement, that is, half of 8.6667 weeks leave (8.6667 x 5 / 10 = 4.3334).\n(sec.107-ssec.2) In working out the length of the employee’s continuous service— service with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and a period between seasons when the employee is not employed by the employer must be taken into account if— in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.\n(sec.107-ssec.3) If the employee is employed by the employer between seasons, the part of the period between seasons when the employee is employed must be taken into account in working out the length of the employee’s actual service.\n(sec.107-ssec.4) If the employee is entitled to long service leave other than under this Act, the employee is entitled to leave that is at least as favourable as the entitlement under this section.\n(sec.107-ssec.5) In this section— actual service means the total ordinary time in years actually worked by the employee during the employee’s period of continuous service.\n- (a) service with the employer of the employee engaged in harvesting sugar cane or farm work in the sugar industry before 23 June 1990 must not be taken into account; and\n- (b) a period between seasons when the employee is not employed by the employer must be taken into account if— (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.\n- (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and\n- (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.\n- (i) in 1 season—the employee’s service with the employer continued until the end of the season or until an earlier day when the employee’s employment was terminated by the employer; and\n- (ii) in the next season—the employee’s service with the same employer started on the season’s opening or on a later day in the season when the employer required the employee to start employment.","sortOrder":127},{"sectionNumber":"sec.108","sectionType":"section","heading":"Taking long service leave","content":"### sec.108 Taking long service leave\n\nThe employee may take long service leave between seasons.\nIf the employee takes long service leave between seasons, the leave is taken to have started when the employee last ceased employment with the employer.\n(sec.108-ssec.1) The employee may take long service leave between seasons.\n(sec.108-ssec.2) If the employee takes long service leave between seasons, the leave is taken to have started when the employee last ceased employment with the employer.","sortOrder":128},{"sectionNumber":"sec.109","sectionType":"section","heading":"Entitlement of other seasonal employees","content":"### sec.109 Entitlement of other seasonal employees\n\nThe commission may decide the entitlement to long service leave of an employee—\nwho is employed in seasonal employment, other than an employee to whom subdivision 7 applies; or\nwho is employed in other periodic employment that is not defined as casual employment by a relevant industrial instrument, federal award or federal agreement.\n- (a) who is employed in seasonal employment, other than an employee to whom subdivision 7 applies; or\n- (b) who is employed in other periodic employment that is not defined as casual employment by a relevant industrial instrument, federal award or federal agreement.","sortOrder":129},{"sectionNumber":"sec.110","sectionType":"section","heading":"Payment instead of long service leave","content":"### sec.110 Payment instead of long service leave\n\nAn employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave under subsection (2) or (3) .\nThe payment may be made if—\na relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and\nthe employee and employer agree by a signed agreement the payment may be made; and\nthe payment is made in accordance with the industrial instrument.\nIf no relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement, the payment may be made only if the payment is ordered by the commission on application by the employee.\nThe commission may order the payment only if satisfied the payment should be made—\non compassionate grounds; or\non the ground of financial hardship.\nThe full bench must not make a general ruling that allows an employee to be paid for an entitlement to long service leave instead of taking the leave.\nIn this section—\nemployee includes a registered worker under each of the following Acts—\nthe Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\nthe Community Services Industry (Portable Long Service Leave) Act 2020 ;\nthe Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .\nentitlement to long service leave includes an entitlement to long service leave under each of the following Acts—\nthe Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\nthe Community Services Industry (Portable Long Service Leave) Act 2020 ;\nthe Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .\ns 110 amd 2020 No. 19 s 135\n(sec.110-ssec.1) An employee may be paid for all or part of an entitlement to long service leave instead of taking the leave or part of the leave under subsection (2) or (3) .\n(sec.110-ssec.2) The payment may be made if— a relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and the employee and employer agree by a signed agreement the payment may be made; and the payment is made in accordance with the industrial instrument.\n(sec.110-ssec.3) If no relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement, the payment may be made only if the payment is ordered by the commission on application by the employee.\n(sec.110-ssec.4) The commission may order the payment only if satisfied the payment should be made— on compassionate grounds; or on the ground of financial hardship.\n(sec.110-ssec.5) The full bench must not make a general ruling that allows an employee to be paid for an entitlement to long service leave instead of taking the leave.\n(sec.110-ssec.6) In this section— employee includes a registered worker under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 . entitlement to long service leave includes an entitlement to long service leave under each of the following Acts— the Building and Construction Industry (Portable Long Service Leave) Act 1991 ; the Community Services Industry (Portable Long Service Leave) Act 2020 ; the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .\n- (a) a relevant industrial instrument or federal industrial instrument provides for the employee to be paid for all or part of the entitlement; and\n- (b) the employee and employer agree by a signed agreement the payment may be made; and\n- (c) the payment is made in accordance with the industrial instrument.\n- (a) on compassionate grounds; or\n- (b) on the ground of financial hardship.\n- (a) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\n- (b) the Community Services Industry (Portable Long Service Leave) Act 2020 ;\n- (c) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .\n- (a) the Building and Construction Industry (Portable Long Service Leave) Act 1991 ;\n- (b) the Community Services Industry (Portable Long Service Leave) Act 2020 ;\n- (c) the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .","sortOrder":130},{"sectionNumber":"sec.111","sectionType":"section","heading":"Payment instead of long service leave on death","content":"### sec.111 Payment instead of long service leave on death\n\nThis section applies if an employee entitled to long service leave dies—\nbefore taking the leave; or\nafter starting, but before finishing, the leave.\nThe employer must pay the employee’s legal personal representative any amount payable for the employee’s entitlement to long service leave that has not already been paid.\nIf the employer does not do so, the employee’s legal personal representative or an inspector may recover the amount as unpaid wages.\n(sec.111-ssec.1) This section applies if an employee entitled to long service leave dies— before taking the leave; or after starting, but before finishing, the leave.\n(sec.111-ssec.2) The employer must pay the employee’s legal personal representative any amount payable for the employee’s entitlement to long service leave that has not already been paid.\n(sec.111-ssec.3) If the employer does not do so, the employee’s legal personal representative or an inspector may recover the amount as unpaid wages.\n- (a) before taking the leave; or\n- (b) after starting, but before finishing, the leave.","sortOrder":131},{"sectionNumber":"sec.112","sectionType":"section","heading":"Continuity not broken by service in Reserve Forces","content":"### sec.112 Continuity not broken by service in Reserve Forces\n\nAn employee’s service in the reserve forces is taken to be continuous service with the employer who employed the employee immediately before the employee starting service with the forces.\nIn this section—\nreserve forces means the Air Force Reserve, Army Reserve or Naval Reserve within the meaning of the Defence Act 1903 (Cwlth) .\n(sec.112-ssec.1) An employee’s service in the reserve forces is taken to be continuous service with the employer who employed the employee immediately before the employee starting service with the forces.\n(sec.112-ssec.2) In this section— reserve forces means the Air Force Reserve, Army Reserve or Naval Reserve within the meaning of the Defence Act 1903 (Cwlth) .","sortOrder":132},{"sectionNumber":"sec.113","sectionType":"section","heading":"Recognition of certain exemptions","content":"### sec.113 Recognition of certain exemptions\n\nThis division does not apply to an employer if—\nthe commission exempted the employer, under the repealed Industrial Conciliation and Arbitration Act 1961 , from the application of long service leave provisions in that Act or an award; and\nthe exemption is in force.\nOn application, the commission may revoke the exemption.\n(sec.113-ssec.1) This division does not apply to an employer if— the commission exempted the employer, under the repealed Industrial Conciliation and Arbitration Act 1961 , from the application of long service leave provisions in that Act or an award; and the exemption is in force.\n(sec.113-ssec.2) On application, the commission may revoke the exemption.\n- (a) the commission exempted the employer, under the repealed Industrial Conciliation and Arbitration Act 1961 , from the application of long service leave provisions in that Act or an award; and\n- (b) the exemption is in force.","sortOrder":133},{"sectionNumber":"sec.114","sectionType":"section","heading":"Person who is both employer and employee","content":"### sec.114 Person who is both employer and employee\n\nThis section applies to a person who, in performing duties in a calling, is an employee.\nThe person is entitled to long service leave under this part despite the person being an employer within the meaning of this Act because of—\nthe person’s engagement in the calling; or\nthe position the person holds in the calling.\n(sec.114-ssec.1) This section applies to a person who, in performing duties in a calling, is an employee.\n(sec.114-ssec.2) The person is entitled to long service leave under this part despite the person being an employer within the meaning of this Act because of— the person’s engagement in the calling; or the position the person holds in the calling.\n- (a) the person’s engagement in the calling; or\n- (b) the position the person holds in the calling.","sortOrder":134},{"sectionNumber":"ch.2-pt.3-div.10","sectionType":"division","heading":"Public holidays","content":"## Public holidays","sortOrder":135},{"sectionNumber":"sec.115","sectionType":"section","heading":"Definitions for division","content":"### sec.115 Definitions for division\n\nIn this division—\nordinary working day means a day on which an employee would ordinarily be required to work.\nshow holiday means—\na public holiday appointed for an annual agricultural, horticultural or industrial show under the Holidays Act 1983 , section 4 ; or\nfor a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show—the ordinary working day agreed on by the employer and employee that is to be treated as a show holiday for all purposes.\n- (a) a public holiday appointed for an annual agricultural, horticultural or industrial show under the Holidays Act 1983 , section 4 ; or\n- (b) for a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show—the ordinary working day agreed on by the employer and employee that is to be treated as a show holiday for all purposes.","sortOrder":136},{"sectionNumber":"sec.116","sectionType":"section","heading":"Entitlement to be absent on public holiday","content":"### sec.116 Entitlement to be absent on public holiday\n\nAn employee is entitled to be absent from the employee’s employment on a day, or part of a day, that is a public holiday in the place where the employee is based for work purposes.\nHowever, the employee’s employer may ask the employee to work on a public holiday if the request is reasonable.\nIf the employer asks the employee to work on a public holiday, the employee may refuse the request if—\nthe request is unreasonable; or\nthe refusal is reasonable.\nIn deciding whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account—\nthe nature of the employer’s calling or business, including its operational requirements;\nthe nature of the work performed by the employee;\nthe employee’s personal circumstances, including family responsibilities;\nwhether the employee could reasonably expect that the employer might ask the employee to work on the public holiday;\nwhether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;\nthe type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work;\nthe period of notice given by the employer before the public holiday in making the request;\nfor a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request;\nany other relevant matter.\n(sec.116-ssec.1) An employee is entitled to be absent from the employee’s employment on a day, or part of a day, that is a public holiday in the place where the employee is based for work purposes.\n(sec.116-ssec.2) However, the employee’s employer may ask the employee to work on a public holiday if the request is reasonable.\n(sec.116-ssec.3) If the employer asks the employee to work on a public holiday, the employee may refuse the request if— the request is unreasonable; or the refusal is reasonable.\n(sec.116-ssec.4) In deciding whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account— the nature of the employer’s calling or business, including its operational requirements; the nature of the work performed by the employee; the employee’s personal circumstances, including family responsibilities; whether the employee could reasonably expect that the employer might ask the employee to work on the public holiday; whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; the type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work; the period of notice given by the employer before the public holiday in making the request; for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request; any other relevant matter.\n- (a) the request is unreasonable; or\n- (b) the refusal is reasonable.\n- (a) the nature of the employer’s calling or business, including its operational requirements;\n- (b) the nature of the work performed by the employee;\n- (c) the employee’s personal circumstances, including family responsibilities;\n- (d) whether the employee could reasonably expect that the employer might ask the employee to work on the public holiday;\n- (e) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;\n- (f) the type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work;\n- (g) the period of notice given by the employer before the public holiday in making the request;\n- (h) for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request;\n- (i) any other relevant matter.","sortOrder":137},{"sectionNumber":"sec.117","sectionType":"section","heading":"Payment for public holiday","content":"### sec.117 Payment for public holiday\n\nSubsection (2) applies if—\nunder this part, an employee is absent from employment on a day, or part of a day, that is a public holiday; and\nthe employee would ordinarily have been required to work on the day or the part of the day.\nThe employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work on the day or the part of the day.\nAn employee, while employed by the same employer, is only entitled to be paid under subsection (2) for a show holiday once in each calendar year.\nIf an employee does work on a public holiday, the employer must pay the employee—\nif an applicable industrial instrument applies to the employee—the penalty rates provided for under the instrument; or\notherwise—at the rate of pay that would be paid to the employee if the public holiday was not a public holiday.\nIn this section—\nbase rate of pay means the rate of pay payable to the employee for the employee’s ordinary hours of work, but not including any of the following—\nincentive-based payments and bonuses;\nloadings;\nmonetary allowances;\novertime or penalty rates;\nany other separately identifiable amounts.\n(sec.117-ssec.1) Subsection (2) applies if— under this part, an employee is absent from employment on a day, or part of a day, that is a public holiday; and the employee would ordinarily have been required to work on the day or the part of the day.\n(sec.117-ssec.2) The employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work on the day or the part of the day.\n(sec.117-ssec.3) An employee, while employed by the same employer, is only entitled to be paid under subsection (2) for a show holiday once in each calendar year.\n(sec.117-ssec.4) If an employee does work on a public holiday, the employer must pay the employee— if an applicable industrial instrument applies to the employee—the penalty rates provided for under the instrument; or otherwise—at the rate of pay that would be paid to the employee if the public holiday was not a public holiday.\n(sec.117-ssec.5) In this section— base rate of pay means the rate of pay payable to the employee for the employee’s ordinary hours of work, but not including any of the following— incentive-based payments and bonuses; loadings; monetary allowances; overtime or penalty rates; any other separately identifiable amounts.\n- (a) under this part, an employee is absent from employment on a day, or part of a day, that is a public holiday; and\n- (b) the employee would ordinarily have been required to work on the day or the part of the day.\n- (a) if an applicable industrial instrument applies to the employee—the penalty rates provided for under the instrument; or\n- (b) otherwise—at the rate of pay that would be paid to the employee if the public holiday was not a public holiday.\n- (a) incentive-based payments and bonuses;\n- (b) loadings;\n- (c) monetary allowances;\n- (d) overtime or penalty rates;\n- (e) any other separately identifiable amounts.","sortOrder":138},{"sectionNumber":"ch.2-pt.3-div.11","sectionType":"division","heading":"Emergency service leave","content":"## Emergency service leave","sortOrder":139},{"sectionNumber":"sec.118","sectionType":"section","heading":"Entitlement","content":"### sec.118 Entitlement\n\nAn employee is entitled to unpaid emergency service leave if—\nthe employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and\nthe employee is a member of the recognised emergency management entity; and\neither—\nthe body asked the employee to engage in the voluntary emergency management activity; or\nthe body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made.\nThe employee is entitled to the period of emergency service leave that is reasonable in the circumstances for—\nthe employee to travel to and from the voluntary emergency management activity; and\nthe employee to engage in the voluntary emergency management activity; and\nthe employee to rest immediately after engaging in the voluntary emergency management activity.\nIf an employee intends to take, or is taking, emergency service leave, the employee must advise the employee’s employer as soon as possible in writing stating—\nthat the employee is to take, or is taking, emergency service leave; and\nthe likely duration of the leave.\nAn employee who takes emergency service leave must give the employer sufficient evidence to satisfy a reasonable person that the employee took the emergency service leave because the employee was engaged in a voluntary emergency management activity.\nIn this section—\nrecognised emergency management entity means an entity that—\nhas a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or\nis or is part of a fire-fighting, civil defence or rescue entity; or\nis or is part of an entity that has a substantial purpose that involves—\nsecuring the safety of persons or animals in an emergency or natural disaster; or\nprotecting property in an emergency or natural disaster; or\nresponding to an emergency or natural disaster; or\nis not an entity that was established for a purpose to entitle an employee to take emergency service leave.\n(sec.118-ssec.1) An employee is entitled to unpaid emergency service leave if— the employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and the employee is a member of the recognised emergency management entity; and either— the body asked the employee to engage in the voluntary emergency management activity; or the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made.\n(sec.118-ssec.2) The employee is entitled to the period of emergency service leave that is reasonable in the circumstances for— the employee to travel to and from the voluntary emergency management activity; and the employee to engage in the voluntary emergency management activity; and the employee to rest immediately after engaging in the voluntary emergency management activity.\n(sec.118-ssec.3) If an employee intends to take, or is taking, emergency service leave, the employee must advise the employee’s employer as soon as possible in writing stating— that the employee is to take, or is taking, emergency service leave; and the likely duration of the leave.\n(sec.118-ssec.4) An employee who takes emergency service leave must give the employer sufficient evidence to satisfy a reasonable person that the employee took the emergency service leave because the employee was engaged in a voluntary emergency management activity.\n(sec.118-ssec.5) In this section— recognised emergency management entity means an entity that— has a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or is or is part of a fire-fighting, civil defence or rescue entity; or is or is part of an entity that has a substantial purpose that involves— securing the safety of persons or animals in an emergency or natural disaster; or protecting property in an emergency or natural disaster; or responding to an emergency or natural disaster; or is not an entity that was established for a purpose to entitle an employee to take emergency service leave.\n- (a) the employee engages in an activity (a voluntary emergency management activity ) that involves dealing with an emergency or natural disaster for a recognised emergency management entity; and\n- (b) the employee is a member of the recognised emergency management entity; and\n- (c) either— (i) the body asked the employee to engage in the voluntary emergency management activity; or (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made.\n- (i) the body asked the employee to engage in the voluntary emergency management activity; or\n- (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made.\n- (i) the body asked the employee to engage in the voluntary emergency management activity; or\n- (ii) the body did not ask the employee to engage in the voluntary emergency management activity, but would have if the circumstances had allowed the request to be made.\n- (a) the employee to travel to and from the voluntary emergency management activity; and\n- (b) the employee to engage in the voluntary emergency management activity; and\n- (c) the employee to rest immediately after engaging in the voluntary emergency management activity.\n- (a) that the employee is to take, or is taking, emergency service leave; and\n- (b) the likely duration of the leave.\n- (a) has a role or function under a plan prepared by the Commonwealth or a State for coping with an emergency or natural disaster; or\n- (b) is or is part of a fire-fighting, civil defence or rescue entity; or\n- (c) is or is part of an entity that has a substantial purpose that involves— (i) securing the safety of persons or animals in an emergency or natural disaster; or (ii) protecting property in an emergency or natural disaster; or (iii) responding to an emergency or natural disaster; or\n- (i) securing the safety of persons or animals in an emergency or natural disaster; or\n- (ii) protecting property in an emergency or natural disaster; or\n- (iii) responding to an emergency or natural disaster; or\n- (d) is not an entity that was established for a purpose to entitle an employee to take emergency service leave.\n- (i) securing the safety of persons or animals in an emergency or natural disaster; or\n- (ii) protecting property in an emergency or natural disaster; or\n- (iii) responding to an emergency or natural disaster; or","sortOrder":140},{"sectionNumber":"ch.2-pt.3-div.12","sectionType":"division","heading":"Jury service leave","content":"## Jury service leave","sortOrder":141},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entitlement","content":"### sec.119 Entitlement\n\nIf the employee is required to attend for jury service, the employee—\nis entitled to take leave ( jury service leave ) to perform jury service; and\nmust, as soon as is practicable, tell the employer—\nthe employee is required to attend for jury service; and\nabout the period for which the employee is required to perform jury service.\nIf the employee is given an attendance document in relation to the jury service, the employee must give the employer the document.\nFor the period of jury service leave, the employer must pay the employee the difference between the following—\nthe amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances;\nthe ordinary rate the employee would have been paid if the employee had not taken jury service leave.\nThe amount payable under subsection (3) must be paid on or before the first pay day that is practicable after the employee gives the employer the employee’s attendance document.\nSubsection (6) applies if—\nthe employee is not required to serve on a jury for a day or part of a day after attending for jury service; and\nthe employee would ordinarily be working for all or part of the remaining day.\nThe employee must, if practicable, present for work at the earliest reasonable opportunity.\nIn this section—\nattendance document , in relation to jury service performed by an employee, means a document, or a copy of a document, stating the following matters under the Jury Act 1995 —\nthe employee’s attendance under a requirement to attend for jury service;\nthe number of days of attendance;\nthe amount received as remuneration and allowances, other than meal allowances.\nrequired to attend for jury service means the employee—\nis given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or\nis instructed under the Jury Act 1995 , section 38 to attend for jury service.\n(sec.119-ssec.1) If the employee is required to attend for jury service, the employee— is entitled to take leave ( jury service leave ) to perform jury service; and must, as soon as is practicable, tell the employer— the employee is required to attend for jury service; and about the period for which the employee is required to perform jury service.\n(sec.119-ssec.2) If the employee is given an attendance document in relation to the jury service, the employee must give the employer the document.\n(sec.119-ssec.3) For the period of jury service leave, the employer must pay the employee the difference between the following— the amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances; the ordinary rate the employee would have been paid if the employee had not taken jury service leave.\n(sec.119-ssec.4) The amount payable under subsection (3) must be paid on or before the first pay day that is practicable after the employee gives the employer the employee’s attendance document.\n(sec.119-ssec.5) Subsection (6) applies if— the employee is not required to serve on a jury for a day or part of a day after attending for jury service; and the employee would ordinarily be working for all or part of the remaining day.\n(sec.119-ssec.6) The employee must, if practicable, present for work at the earliest reasonable opportunity.\n(sec.119-ssec.7) In this section— attendance document , in relation to jury service performed by an employee, means a document, or a copy of a document, stating the following matters under the Jury Act 1995 — the employee’s attendance under a requirement to attend for jury service; the number of days of attendance; the amount received as remuneration and allowances, other than meal allowances. required to attend for jury service means the employee— is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or is instructed under the Jury Act 1995 , section 38 to attend for jury service.\n- (a) is entitled to take leave ( jury service leave ) to perform jury service; and\n- (b) must, as soon as is practicable, tell the employer— (i) the employee is required to attend for jury service; and (ii) about the period for which the employee is required to perform jury service.\n- (i) the employee is required to attend for jury service; and\n- (ii) about the period for which the employee is required to perform jury service.\n- (i) the employee is required to attend for jury service; and\n- (ii) about the period for which the employee is required to perform jury service.\n- (a) the amount stated in the employee’s attendance document as the amount received as remuneration and allowances, other than meal allowances;\n- (b) the ordinary rate the employee would have been paid if the employee had not taken jury service leave.\n- (a) the employee is not required to serve on a jury for a day or part of a day after attending for jury service; and\n- (b) the employee would ordinarily be working for all or part of the remaining day.\n- (a) the employee’s attendance under a requirement to attend for jury service;\n- (b) the number of days of attendance;\n- (c) the amount received as remuneration and allowances, other than meal allowances.\n- (a) is given a summons under the Jury Act 1995 , section 27 requiring the employee to attend for jury service; or\n- (b) is instructed under the Jury Act 1995 , section 38 to attend for jury service.","sortOrder":142},{"sectionNumber":"ch.2-pt.3-div.13","sectionType":"division","heading":"Notice of termination and redundancy","content":"## Notice of termination and redundancy","sortOrder":143},{"sectionNumber":"sec.120","sectionType":"section","heading":"Application of subdivision","content":"### sec.120 Application of subdivision\n\nThis subdivision does not apply to any of the following—\na casual employee;\nan employee engaged by the hour or day;\nan employee engaged for a specific period or task;\nan employee during the first 3 months of employment with an employer (the probationary period ) unless the employee and employer agree in writing that the employee serve—\na period of probation that is shorter than the probationary period; or\nno period of probation;\nan employee serving a period of probation that is longer than the probationary period if the period decided by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;\nan employee—\nto whom an applicable industrial instrument does not apply; and\nwho is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\nwhose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;\nan employee participating in a labour market program.\ns 120 amd 2022 No. 34 s 365 sch 3\n- (a) a casual employee;\n- (b) an employee engaged by the hour or day;\n- (c) an employee engaged for a specific period or task;\n- (d) an employee during the first 3 months of employment with an employer (the probationary period ) unless the employee and employer agree in writing that the employee serve— (i) a period of probation that is shorter than the probationary period; or (ii) no period of probation;\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation;\n- (e) an employee serving a period of probation that is longer than the probationary period if the period decided by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;\n- (f) an employee— (i) to whom an applicable industrial instrument does not apply; and (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;\n- (i) to whom an applicable industrial instrument does not apply; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;\n- (g) an employee participating in a labour market program.\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation;\n- (i) to whom an applicable industrial instrument does not apply; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;","sortOrder":144},{"sectionNumber":"sec.121","sectionType":"section","heading":"What employer must do to dismiss employee","content":"### sec.121 What employer must do to dismiss employee\n\nAn employer may dismiss an employee only if—\nthe employee has been—\ngiven the period of notice required by section 123 ; or\npaid the compensation required by section 124 ; or\nthe employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice.\nFor subsection (1) (b) , misconduct includes the following—\ntheft;\nassault;\nsexual harassment or sex or gender based-harassment;\nfraud;\nother misconduct prescribed by regulation.\nHowever, subsection (1) (b) does not apply if the employee can show that, in the circumstances, the conduct was not conduct that made it unreasonable to continue the employment during the period of notice.\ns 121 amd 2022 No. 27 s 25\n(sec.121-ssec.1) An employer may dismiss an employee only if— the employee has been— given the period of notice required by section 123 ; or paid the compensation required by section 124 ; or the employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice.\n(sec.121-ssec.2) For subsection (1) (b) , misconduct includes the following— theft; assault; sexual harassment or sex or gender based-harassment; fraud; other misconduct prescribed by regulation.\n(sec.121-ssec.3) However, subsection (1) (b) does not apply if the employee can show that, in the circumstances, the conduct was not conduct that made it unreasonable to continue the employment during the period of notice.\n- (a) the employee has been— (i) given the period of notice required by section 123 ; or (ii) paid the compensation required by section 124 ; or\n- (i) given the period of notice required by section 123 ; or\n- (ii) paid the compensation required by section 124 ; or\n- (b) the employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice.\n- (i) given the period of notice required by section 123 ; or\n- (ii) paid the compensation required by section 124 ; or\n- (a) theft;\n- (b) assault;\n- (c) sexual harassment or sex or gender based-harassment;\n- (d) fraud;\n- (e) other misconduct prescribed by regulation.","sortOrder":145},{"sectionNumber":"sec.122","sectionType":"section","heading":"Employer’s failure to give notice or pay compensation","content":"### sec.122 Employer’s failure to give notice or pay compensation\n\nIf an employer dismisses an employee to whom section 121 (1) (a) applies without giving the required notice or paying the required compensation—\non an application under section 317 —the commission may order the employer to pay the employee the compensation that the employer was required to pay under section 124 ; or\notherwise—the commission or a magistrate may order the employer to pay the employee the compensation the employer was required to pay under section 124 .\nAn application for an order under subsection (1) (a) may be made by—\nthe employee who has been dismissed; or\nwith the employee’s consent—an organisation whose rules entitle the organisation to represent the employee’s industrial interests; or\nan inspector.\nThe application must be made within 6 years after the day on which the employee is dismissed.\nA regulation may exclude from the operation of this section dismissals happening in stated circumstances that relate to the transfer of the employer’s business.\n(sec.122-ssec.1) If an employer dismisses an employee to whom section 121 (1) (a) applies without giving the required notice or paying the required compensation— on an application under section 317 —the commission may order the employer to pay the employee the compensation that the employer was required to pay under section 124 ; or otherwise—the commission or a magistrate may order the employer to pay the employee the compensation the employer was required to pay under section 124 .\n(sec.122-ssec.2) An application for an order under subsection (1) (a) may be made by— the employee who has been dismissed; or with the employee’s consent—an organisation whose rules entitle the organisation to represent the employee’s industrial interests; or an inspector.\n(sec.122-ssec.3) The application must be made within 6 years after the day on which the employee is dismissed.\n(sec.122-ssec.4) A regulation may exclude from the operation of this section dismissals happening in stated circumstances that relate to the transfer of the employer’s business.\n- (a) on an application under section 317 —the commission may order the employer to pay the employee the compensation that the employer was required to pay under section 124 ; or\n- (b) otherwise—the commission or a magistrate may order the employer to pay the employee the compensation the employer was required to pay under section 124 .\n- (a) the employee who has been dismissed; or\n- (b) with the employee’s consent—an organisation whose rules entitle the organisation to represent the employee’s industrial interests; or\n- (c) an inspector.","sortOrder":146},{"sectionNumber":"sec.123","sectionType":"section","heading":"Minimum period of notice required from employers","content":"### sec.123 Minimum period of notice required from employers\n\nThe minimum period of notice is—\nif the employee’s continuous service is—\nnot more than 1 year—1 week; and\nmore than 1 year, but not more than 3 years—2 weeks; and\nmore than 3 years, but not more than 5 years—3 weeks; and\nmore than 5 years—4 weeks; and\nincreased by 1 week if the employee—\nis 45 years of age or over; and\nhas completed at least 2 years of continuous service with the employer.\nA regulation may prescribe matters that must be disregarded when working out continuous service under subsection (1) .\n(sec.123-ssec.1) The minimum period of notice is— if the employee’s continuous service is— not more than 1 year—1 week; and more than 1 year, but not more than 3 years—2 weeks; and more than 3 years, but not more than 5 years—3 weeks; and more than 5 years—4 weeks; and increased by 1 week if the employee— is 45 years of age or over; and has completed at least 2 years of continuous service with the employer.\n(sec.123-ssec.2) A regulation may prescribe matters that must be disregarded when working out continuous service under subsection (1) .\n- (a) if the employee’s continuous service is— (i) not more than 1 year—1 week; and (ii) more than 1 year, but not more than 3 years—2 weeks; and (iii) more than 3 years, but not more than 5 years—3 weeks; and (iv) more than 5 years—4 weeks; and\n- (i) not more than 1 year—1 week; and\n- (ii) more than 1 year, but not more than 3 years—2 weeks; and\n- (iii) more than 3 years, but not more than 5 years—3 weeks; and\n- (iv) more than 5 years—4 weeks; and\n- (b) increased by 1 week if the employee— (i) is 45 years of age or over; and (ii) has completed at least 2 years of continuous service with the employer.\n- (i) is 45 years of age or over; and\n- (ii) has completed at least 2 years of continuous service with the employer.\n- (i) not more than 1 year—1 week; and\n- (ii) more than 1 year, but not more than 3 years—2 weeks; and\n- (iii) more than 3 years, but not more than 5 years—3 weeks; and\n- (iv) more than 5 years—4 weeks; and\n- (i) is 45 years of age or over; and\n- (ii) has completed at least 2 years of continuous service with the employer.","sortOrder":147},{"sectionNumber":"sec.124","sectionType":"section","heading":"Minimum amount of compensation required","content":"### sec.124 Minimum amount of compensation required\n\nThe minimum compensation payable to an employee is at least equal to the total of the amounts the employer would have been liable to pay the employee if the employee’s employment had continued until the end of the required notice period.\nThe total must be worked out on the basis of—\nthe ordinary working hours worked by the employee; and\nthe amounts payable to the employee for the hours, including, for example, allowances, loadings and penalties; and\nany other amounts payable under the employee’s contract of employment.\nA regulation may prescribe the amount that is taken to be payable, or how to work out the amount, under a contract of employment mentioned in subsection (2) (c) , to an employee whose wages before dismissal were decided wholly or partly on the basis of commission or piece rates.\ns 124 amd 2022 No. 27 s 3 sch 1\n(sec.124-ssec.1) The minimum compensation payable to an employee is at least equal to the total of the amounts the employer would have been liable to pay the employee if the employee’s employment had continued until the end of the required notice period.\n(sec.124-ssec.2) The total must be worked out on the basis of— the ordinary working hours worked by the employee; and the amounts payable to the employee for the hours, including, for example, allowances, loadings and penalties; and any other amounts payable under the employee’s contract of employment.\n(sec.124-ssec.3) A regulation may prescribe the amount that is taken to be payable, or how to work out the amount, under a contract of employment mentioned in subsection (2) (c) , to an employee whose wages before dismissal were decided wholly or partly on the basis of commission or piece rates.\n- (a) the ordinary working hours worked by the employee; and\n- (b) the amounts payable to the employee for the hours, including, for example, allowances, loadings and penalties; and\n- (c) any other amounts payable under the employee’s contract of employment.","sortOrder":148},{"sectionNumber":"sec.125","sectionType":"section","heading":"Application of this subdivision","content":"### sec.125 Application of this subdivision\n\nThis subdivision applies to an employee if—\nan applicable industrial instrument applies to the employee; and\nthe employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone.\nHowever, this subdivision does not apply if the employee’s employment is terminated because of the ordinary and customary turnover of labour.\nAlso, this subdivision does not apply to any of the following employees—\na casual employee;\nan employee whose period of continuous service with the employer is less than 1 year;\nan employee employed for a fixed period, for a fixed task, or for the duration of a particular season;\nan employee participating in a labour market program;\nanother employee prescribed by regulation or an applicable industrial instrument as an employee to whom this division does not apply.\nIn relation to an employee whose employment is terminated due to the transfer of the employee’s calling, see part 4 .\nSubsection (3) (c) does not prevent this subdivision applying to an employee if a substantial reason for employing the employee as mentioned in the subsection was to avoid the application of this division.\n(sec.125-ssec.1) This subdivision applies to an employee if— an applicable industrial instrument applies to the employee; and the employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone.\n(sec.125-ssec.2) However, this subdivision does not apply if the employee’s employment is terminated because of the ordinary and customary turnover of labour.\n(sec.125-ssec.3) Also, this subdivision does not apply to any of the following employees— a casual employee; an employee whose period of continuous service with the employer is less than 1 year; an employee employed for a fixed period, for a fixed task, or for the duration of a particular season; an employee participating in a labour market program; another employee prescribed by regulation or an applicable industrial instrument as an employee to whom this division does not apply. In relation to an employee whose employment is terminated due to the transfer of the employee’s calling, see part 4 .\n(sec.125-ssec.4) Subsection (3) (c) does not prevent this subdivision applying to an employee if a substantial reason for employing the employee as mentioned in the subsection was to avoid the application of this division.\n- (a) an applicable industrial instrument applies to the employee; and\n- (b) the employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone.\n- (a) a casual employee;\n- (b) an employee whose period of continuous service with the employer is less than 1 year;\n- (c) an employee employed for a fixed period, for a fixed task, or for the duration of a particular season;\n- (d) an employee participating in a labour market program;\n- (e) another employee prescribed by regulation or an applicable industrial instrument as an employee to whom this division does not apply.","sortOrder":149},{"sectionNumber":"sec.126","sectionType":"section","heading":"Entitlement to redundancy pay","content":"### sec.126 Entitlement to redundancy pay\n\nThe employee is entitled to be paid an amount ( redundancy pay ) equal to the total amount payable to the employee for the redundancy pay period worked out using the following table—\nEmployee’s years of continuous service with the employer\nRedundancy pay period\nat least 1 year but not more than 2 years\n4 weeks\nmore than 2 years but not more than 3 years\n6 weeks\nmore than 3 years but not more than 4 years\n7 weeks\nmore than 4 years but not more than 5 years\n8 weeks\nmore than 5 years but not more than 6 years\n9 weeks\nmore than 6 years but not more than 7 years\n10 weeks\nmore than 7 years but not more than 8 years\n11 weeks\nmore than 8 years but not more than 9 years\n12 weeks\nmore than 9 years but not more than 10 years\n13 weeks\nmore than 10 years but not more than 11 years\n14 weeks\nmore than 11 years but not more than 12 years\n15 weeks\nmore than 12 years\n16 weeks\nThe amount of the employee’s redundancy pay must be worked out on the basis of the employee’s weeks pay for the employee’s ordinary hours of work.\nThis section applies subject to section 127 .\n(sec.126-ssec.1) The employee is entitled to be paid an amount ( redundancy pay ) equal to the total amount payable to the employee for the redundancy pay period worked out using the following table— Employee’s years of continuous service with the employer Redundancy pay period at least 1 year but not more than 2 years 4 weeks more than 2 years but not more than 3 years 6 weeks more than 3 years but not more than 4 years 7 weeks more than 4 years but not more than 5 years 8 weeks more than 5 years but not more than 6 years 9 weeks more than 6 years but not more than 7 years 10 weeks more than 7 years but not more than 8 years 11 weeks more than 8 years but not more than 9 years 12 weeks more than 9 years but not more than 10 years 13 weeks more than 10 years but not more than 11 years 14 weeks more than 11 years but not more than 12 years 15 weeks more than 12 years 16 weeks\n(sec.126-ssec.2) The amount of the employee’s redundancy pay must be worked out on the basis of the employee’s weeks pay for the employee’s ordinary hours of work.\n(sec.126-ssec.3) This section applies subject to section 127 .","sortOrder":150},{"sectionNumber":"sec.127","sectionType":"section","heading":"Variation of redundancy pay by commission","content":"### sec.127 Variation of redundancy pay by commission\n\nThis section applies if—\nan employee is entitled under this division to be paid an amount of redundancy pay; and\nthe employer—\nobtains other acceptable employment for the employee; or\ncan not pay the amount.\nOn application by the employer, the commission may make an order reducing the amount of the redundancy pay to a stated amount the commission considers appropriate.\nFor subsection (2) , the amount may be zero.\nThe amount of redundancy pay to which the employee is entitled under this division is the amount stated in the order.\n(sec.127-ssec.1) This section applies if— an employee is entitled under this division to be paid an amount of redundancy pay; and the employer— obtains other acceptable employment for the employee; or can not pay the amount.\n(sec.127-ssec.2) On application by the employer, the commission may make an order reducing the amount of the redundancy pay to a stated amount the commission considers appropriate.\n(sec.127-ssec.3) For subsection (2) , the amount may be zero.\n(sec.127-ssec.4) The amount of redundancy pay to which the employee is entitled under this division is the amount stated in the order.\n- (a) an employee is entitled under this division to be paid an amount of redundancy pay; and\n- (b) the employer— (i) obtains other acceptable employment for the employee; or (ii) can not pay the amount.\n- (i) obtains other acceptable employment for the employee; or\n- (ii) can not pay the amount.\n- (i) obtains other acceptable employment for the employee; or\n- (ii) can not pay the amount.","sortOrder":151},{"sectionNumber":"ch.2-pt.3-div.13A","sectionType":"division","heading":"Superannuation contributions","content":"## Superannuation contributions","sortOrder":152},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Employer’s obligation to make superannuation contributions","content":"### sec.127A Employer’s obligation to make superannuation contributions\n\nAn employer must make contributions to a superannuation fund for the benefit of an employee so the employer is not liable to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 (Cwlth) in relation to the employee.\ns 127A ins 2024 No. 40 s 9","sortOrder":153},{"sectionNumber":"sec.127B","sectionType":"section","heading":"Reduction of employer’s liability to the extent of superannuation charge payments","content":"### sec.127B Reduction of employer’s liability to the extent of superannuation charge payments\n\nThe obligation to make contributions for an employee under section 127A does not apply to an employer to the extent that—\na charge payment has been made by or on behalf of the employer in respect of the employee under part 8 of the SGA Act ; and\nthe employee is a benefiting employee; and\nthe commissioner is required to pay, or otherwise deal with, a shortfall component for the benefit of the employee under part 8 of the SGA Act .\nA term used in this section that is defined in part 8 of the SGA Act has the meaning given under that part.\nIn this section—\ncommissioner means the Commissioner of Taxation under the SGA Act , section 6 (1) .\nSGA Act means the Superannuation Guarantee (Administration) Act 1992 (Cwlth) .\ns 127B ins 2024 No. 40 s 9\n(sec.127B-ssec.1) The obligation to make contributions for an employee under section 127A does not apply to an employer to the extent that— a charge payment has been made by or on behalf of the employer in respect of the employee under part 8 of the SGA Act ; and the employee is a benefiting employee; and the commissioner is required to pay, or otherwise deal with, a shortfall component for the benefit of the employee under part 8 of the SGA Act .\n(sec.127B-ssec.2) A term used in this section that is defined in part 8 of the SGA Act has the meaning given under that part.\n(sec.127B-ssec.3) In this section— commissioner means the Commissioner of Taxation under the SGA Act , section 6 (1) . SGA Act means the Superannuation Guarantee (Administration) Act 1992 (Cwlth) .\n- (a) a charge payment has been made by or on behalf of the employer in respect of the employee under part 8 of the SGA Act ; and\n- (b) the employee is a benefiting employee; and\n- (c) the commissioner is required to pay, or otherwise deal with, a shortfall component for the benefit of the employee under part 8 of the SGA Act .","sortOrder":154},{"sectionNumber":"ch.2-pt.3-div.14","sectionType":"division","heading":"Information statements","content":"## Information statements","sortOrder":155},{"sectionNumber":"sec.128","sectionType":"section","heading":"Chief executive to prepare and publish information statement","content":"### sec.128 Chief executive to prepare and publish information statement\n\nThe chief executive must prepare an information statement and publish the statement on the department’s website.\nThe information statement must contain information about the following—\nthe Queensland Employment Standards;\napplicable industrial instruments, including how bargaining awards and certified agreements are made;\nfreedom of association;\nthe role of the commission;\ntermination and redundancy;\nthe rights of particular persons to enter workplaces under this Act;\nany other matter prescribed by regulation.\n(sec.128-ssec.1) The chief executive must prepare an information statement and publish the statement on the department’s website.\n(sec.128-ssec.2) The information statement must contain information about the following— the Queensland Employment Standards; applicable industrial instruments, including how bargaining awards and certified agreements are made; freedom of association; the role of the commission; termination and redundancy; the rights of particular persons to enter workplaces under this Act; any other matter prescribed by regulation.\n- (a) the Queensland Employment Standards;\n- (b) applicable industrial instruments, including how bargaining awards and certified agreements are made;\n- (c) freedom of association;\n- (d) the role of the commission;\n- (e) termination and redundancy;\n- (f) the rights of particular persons to enter workplaces under this Act;\n- (g) any other matter prescribed by regulation.","sortOrder":156},{"sectionNumber":"sec.129","sectionType":"section","heading":"Employer to give particular information to employees when they start working for employer","content":"### sec.129 Employer to give particular information to employees when they start working for employer\n\nAn employer must give each employee the following documents before, or as soon as practicable after, the employee starts working for the employer—\nthe information statement published under section 128 ;\nif an industrial instrument applies to the employee—another document stating the industrial instrument that applies to the employee.\nHowever, subsection (1) does not apply to an employer if—\nthe employee starts working for the employer for a second time; and\nthe employer has given the information statement and the document to the employee in the previous 12 months.\n(sec.129-ssec.1) An employer must give each employee the following documents before, or as soon as practicable after, the employee starts working for the employer— the information statement published under section 128 ; if an industrial instrument applies to the employee—another document stating the industrial instrument that applies to the employee.\n(sec.129-ssec.2) However, subsection (1) does not apply to an employer if— the employee starts working for the employer for a second time; and the employer has given the information statement and the document to the employee in the previous 12 months.\n- (a) the information statement published under section 128 ;\n- (b) if an industrial instrument applies to the employee—another document stating the industrial instrument that applies to the employee.\n- (a) the employee starts working for the employer for a second time; and\n- (b) the employer has given the information statement and the document to the employee in the previous 12 months.","sortOrder":157},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Continuity of service and employment","content":"# Continuity of service and employment","sortOrder":158},{"sectionNumber":"sec.130","sectionType":"section","heading":"Definitions for part","content":"### sec.130 Definitions for part\n\nIn this part—\nservice includes employment.\ntransferred employee see section 132 (1) .","sortOrder":159},{"sectionNumber":"sec.131","sectionType":"section","heading":"How part applies","content":"### sec.131 How part applies\n\nThis part applies for working out an employee’s rights and entitlements under this chapter, an applicable industrial instrument or a federal industrial instrument by prescribing when the employee’s continuity of service is not broken.\nAn employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service.\nHowever, when working out the minimum period of notice required to be given under section 123 to a transferred employee, a period of notice previously given in relation to the transfer of the calling, whether given before or after the commencement of this subsection, is to be disregarded.\n(sec.131-ssec.1) This part applies for working out an employee’s rights and entitlements under this chapter, an applicable industrial instrument or a federal industrial instrument by prescribing when the employee’s continuity of service is not broken.\n(sec.131-ssec.2) An employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service.\n(sec.131-ssec.3) However, when working out the minimum period of notice required to be given under section 123 to a transferred employee, a period of notice previously given in relation to the transfer of the calling, whether given before or after the commencement of this subsection, is to be disregarded.","sortOrder":160},{"sectionNumber":"sec.132","sectionType":"section","heading":"Continuity of service—transfer of calling","content":"### sec.132 Continuity of service—transfer of calling\n\nThis section applies to a person (a transferred employee ) who—\nbecomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or\nis dismissed by an employer (also the former employer ) before the transfer of a calling if—\nthe person is employed by another employer (also the new employer ) after the transfer of a calling; and\nthe employee—\nwas dismissed by the former employer within 1 month immediately before the transfer; and\nis re-employed by the new employer within 3 months after the dismissal.\nThe transfer of the calling is taken not to break the transferred employee’s continuity of service.\nA period of service with the former employer, including service before the commencement, is taken to be a period of service with the new employer.\nIn relation to the transfer, the transferred employee is not an employee to whom part 3 , division 13 , subdivision 2 applies, unless an applicable industrial instrument mentioned in section 125 (1) (a) provides otherwise.\nIn this section—\ndismissed includes stood down.\n(sec.132-ssec.1) This section applies to a person (a transferred employee ) who— becomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or is dismissed by an employer (also the former employer ) before the transfer of a calling if— the person is employed by another employer (also the new employer ) after the transfer of a calling; and the employee— was dismissed by the former employer within 1 month immediately before the transfer; and is re-employed by the new employer within 3 months after the dismissal.\n(sec.132-ssec.2) The transfer of the calling is taken not to break the transferred employee’s continuity of service.\n(sec.132-ssec.3) A period of service with the former employer, including service before the commencement, is taken to be a period of service with the new employer.\n(sec.132-ssec.4) In relation to the transfer, the transferred employee is not an employee to whom part 3 , division 13 , subdivision 2 applies, unless an applicable industrial instrument mentioned in section 125 (1) (a) provides otherwise.\n(sec.132-ssec.5) In this section— dismissed includes stood down.\n- (a) becomes an employee of an employer (the new employer ) because of the transfer of a calling to the new employer from another employer (the former employer ); or\n- (b) is dismissed by an employer (also the former employer ) before the transfer of a calling if— (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal.\n- (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and\n- (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal.\n- (A) was dismissed by the former employer within 1 month immediately before the transfer; and\n- (B) is re-employed by the new employer within 3 months after the dismissal.\n- (i) the person is employed by another employer (also the new employer ) after the transfer of a calling; and\n- (ii) the employee— (A) was dismissed by the former employer within 1 month immediately before the transfer; and (B) is re-employed by the new employer within 3 months after the dismissal.\n- (A) was dismissed by the former employer within 1 month immediately before the transfer; and\n- (B) is re-employed by the new employer within 3 months after the dismissal.\n- (A) was dismissed by the former employer within 1 month immediately before the transfer; and\n- (B) is re-employed by the new employer within 3 months after the dismissal.","sortOrder":161},{"sectionNumber":"sec.133","sectionType":"section","heading":"Continuity of service—apprentices or trainees","content":"### sec.133 Continuity of service—apprentices or trainees\n\nThis section applies if—\nan employee, while employed with the employer, starts an apprenticeship or traineeship; or\nthe employer—\ncontinues to employ an apprentice or trainee (the employee ) on the completion of the apprenticeship or traineeship; or\nre-employs the employee within 3 months after completion of the employee’s apprenticeship or traineeship.\nThe period of the apprenticeship or traineeship does not break the employee’s continuity of service.\n(sec.133-ssec.1) This section applies if— an employee, while employed with the employer, starts an apprenticeship or traineeship; or the employer— continues to employ an apprentice or trainee (the employee ) on the completion of the apprenticeship or traineeship; or re-employs the employee within 3 months after completion of the employee’s apprenticeship or traineeship.\n(sec.133-ssec.2) The period of the apprenticeship or traineeship does not break the employee’s continuity of service.\n- (a) an employee, while employed with the employer, starts an apprenticeship or traineeship; or\n- (b) the employer— (i) continues to employ an apprentice or trainee (the employee ) on the completion of the apprenticeship or traineeship; or (ii) re-employs the employee within 3 months after completion of the employee’s apprenticeship or traineeship.\n- (i) continues to employ an apprentice or trainee (the employee ) on the completion of the apprenticeship or traineeship; or\n- (ii) re-employs the employee within 3 months after completion of the employee’s apprenticeship or traineeship.\n- (i) continues to employ an apprentice or trainee (the employee ) on the completion of the apprenticeship or traineeship; or\n- (ii) re-employs the employee within 3 months after completion of the employee’s apprenticeship or traineeship.","sortOrder":162},{"sectionNumber":"sec.134","sectionType":"section","heading":"Continuity of service—generally","content":"### sec.134 Continuity of service—generally\n\nService with a partnership and an employer who was, or becomes, a member of the partnership is taken to be continuous service with the same employer.\nAn employee’s continuity of service with an employer is not broken if the employee’s service is temporarily lent or let on hire by the employer to another employer.\nAn employee’s continuity of service with an employer is not broken by an absence, including through illness or injury—\non paid leave approved by the employer; or\non unpaid leave approved by the employer.\nAn employee’s continuity of service with an employer is not broken if—\nthe employee’s employment is terminated by the employer or employee because of illness or injury; and\nthe employer re-employs the employee; and\nthe employee has not been employed in a calling, whether on the employee’s own account or as an employee, between the termination and the re-employment.\nAn employee’s continuity of service with an employer is not broken if—\nthe employee’s employment is terminated by the employer or employee; and\nthe employer re-employs the employee within 3 months after the termination.\nAn employee’s continuity of service with an employer is not broken if—\nthe employee’s employment is interrupted or terminated by the employer with intent to avoid an obligation under this part, an applicable industrial instrument or contract of employment; or\nthe employee’s employment is interrupted or terminated by the employer as a direct or indirect result of an industrial dispute, and the employer re-employs the employee.\nAn employee’s continuity of service is not broken if—\nthe employee’s employment is interrupted or terminated by the employer because of slackness of trade or business; and\nthe employer re-employs the employee.\nService with a corporation and any of the corporation’s subsidiaries is taken to be continuous service with the same employer.\nHowever, a period for which the employee is away from work under subsection (3) (b) , (4) , (5) , (6) (b) or (7) is not service under this part unless—\nthis Act or an applicable industrial instrument provides otherwise; or\nthe commission directs otherwise.\nIn this section—\nsubsidiary has the meaning given by the Corporations Act .\nterminate includes stand down.\ns 134 amd 2022 No. 27 s 3 sch 1\n(sec.134-ssec.1) Service with a partnership and an employer who was, or becomes, a member of the partnership is taken to be continuous service with the same employer.\n(sec.134-ssec.2) An employee’s continuity of service with an employer is not broken if the employee’s service is temporarily lent or let on hire by the employer to another employer.\n(sec.134-ssec.3) An employee’s continuity of service with an employer is not broken by an absence, including through illness or injury— on paid leave approved by the employer; or on unpaid leave approved by the employer.\n(sec.134-ssec.4) An employee’s continuity of service with an employer is not broken if— the employee’s employment is terminated by the employer or employee because of illness or injury; and the employer re-employs the employee; and the employee has not been employed in a calling, whether on the employee’s own account or as an employee, between the termination and the re-employment.\n(sec.134-ssec.5) An employee’s continuity of service with an employer is not broken if— the employee’s employment is terminated by the employer or employee; and the employer re-employs the employee within 3 months after the termination.\n(sec.134-ssec.6) An employee’s continuity of service with an employer is not broken if— the employee’s employment is interrupted or terminated by the employer with intent to avoid an obligation under this part, an applicable industrial instrument or contract of employment; or the employee’s employment is interrupted or terminated by the employer as a direct or indirect result of an industrial dispute, and the employer re-employs the employee.\n(sec.134-ssec.7) An employee’s continuity of service is not broken if— the employee’s employment is interrupted or terminated by the employer because of slackness of trade or business; and the employer re-employs the employee.\n(sec.134-ssec.8) Service with a corporation and any of the corporation’s subsidiaries is taken to be continuous service with the same employer.\n(sec.134-ssec.9) However, a period for which the employee is away from work under subsection (3) (b) , (4) , (5) , (6) (b) or (7) is not service under this part unless— this Act or an applicable industrial instrument provides otherwise; or the commission directs otherwise.\n(sec.134-ssec.10) In this section— subsidiary has the meaning given by the Corporations Act . terminate includes stand down.\n- (a) on paid leave approved by the employer; or\n- (b) on unpaid leave approved by the employer.\n- (a) the employee’s employment is terminated by the employer or employee because of illness or injury; and\n- (b) the employer re-employs the employee; and\n- (c) the employee has not been employed in a calling, whether on the employee’s own account or as an employee, between the termination and the re-employment.\n- (a) the employee’s employment is terminated by the employer or employee; and\n- (b) the employer re-employs the employee within 3 months after the termination.\n- (a) the employee’s employment is interrupted or terminated by the employer with intent to avoid an obligation under this part, an applicable industrial instrument or contract of employment; or\n- (b) the employee’s employment is interrupted or terminated by the employer as a direct or indirect result of an industrial dispute, and the employer re-employs the employee.\n- (a) the employee’s employment is interrupted or terminated by the employer because of slackness of trade or business; and\n- (b) the employer re-employs the employee.\n- (a) this Act or an applicable industrial instrument provides otherwise; or\n- (b) the commission directs otherwise.","sortOrder":163},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Wages and employment conditions for apprentices and trainees","content":"# Wages and employment conditions for apprentices and trainees","sortOrder":164},{"sectionNumber":"sec.135","sectionType":"section","heading":"Apprentice’s and trainee’s employment conditions","content":"### sec.135 Apprentice’s and trainee’s employment conditions\n\nAn apprentice or trainee is entitled to the same employment conditions as those fixed by the industrial instrument applicable to employees in the workplace where the apprentice or trainee is employed.\nAn apprentice or trainee is entitled to wages at—\nif an industrial instrument applying to employees in the workplace where the apprentice or trainee is employed or placed states a rate payable to apprentices or trainees—the rate stated in the instrument; or\notherwise—the rate fixed by the commission, being a proportion of the wages payable for the relevant calling to employees in the workplace where the apprentice or trainee is employed or placed.\nAn apprentice plumber is placed by a group training organisation in the workplace of a host employer where a federal award applies. The apprentice is entitled to the rate of wages stated in the federal award rather than a State award.\nAn apprentice carpenter is placed by a group training organisation in the workplace of a host employer where a certified agreement applies. The certified agreement does not state the rate of wages payable to an apprentice. The apprentice is entitled to wages at the rate fixed by the commission, being a proportion of the wages payable to a qualified carpenter under the certified agreement.\nIf an industrial instrument provides for a tradesperson in a calling to be paid an allowance in addition to wages, an apprentice in the calling is entitled to be paid—\nif, under the instrument, the allowance is taken to be part of the tradesperson’s wages—the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages; or\nif, under the instrument, the allowance is not taken to be part of the tradesperson’s wages—the full allowance.\nIf an industrial instrument provides for a tradesperson in a calling to be paid an allowance that is assessed as a percentage of the tradesperson’s wages, an apprentice in the calling is entitled to be paid the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages.\nSubsection (4) applies whether or not, under the instrument, the allowance is taken to be part of the tradesperson’s wages.\nIn this section—\nindustrial instrument includes a federal industrial instrument.\nworkplace , for an apprentice or trainee employed by a group training organisation, includes the workplace of the host employer with whom the apprentice or trainee is placed.\n(sec.135-ssec.1) An apprentice or trainee is entitled to the same employment conditions as those fixed by the industrial instrument applicable to employees in the workplace where the apprentice or trainee is employed.\n(sec.135-ssec.2) An apprentice or trainee is entitled to wages at— if an industrial instrument applying to employees in the workplace where the apprentice or trainee is employed or placed states a rate payable to apprentices or trainees—the rate stated in the instrument; or otherwise—the rate fixed by the commission, being a proportion of the wages payable for the relevant calling to employees in the workplace where the apprentice or trainee is employed or placed. An apprentice plumber is placed by a group training organisation in the workplace of a host employer where a federal award applies. The apprentice is entitled to the rate of wages stated in the federal award rather than a State award. An apprentice carpenter is placed by a group training organisation in the workplace of a host employer where a certified agreement applies. The certified agreement does not state the rate of wages payable to an apprentice. The apprentice is entitled to wages at the rate fixed by the commission, being a proportion of the wages payable to a qualified carpenter under the certified agreement.\n(sec.135-ssec.3) If an industrial instrument provides for a tradesperson in a calling to be paid an allowance in addition to wages, an apprentice in the calling is entitled to be paid— if, under the instrument, the allowance is taken to be part of the tradesperson’s wages—the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages; or if, under the instrument, the allowance is not taken to be part of the tradesperson’s wages—the full allowance.\n(sec.135-ssec.4) If an industrial instrument provides for a tradesperson in a calling to be paid an allowance that is assessed as a percentage of the tradesperson’s wages, an apprentice in the calling is entitled to be paid the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages.\n(sec.135-ssec.5) Subsection (4) applies whether or not, under the instrument, the allowance is taken to be part of the tradesperson’s wages.\n(sec.135-ssec.6) In this section— industrial instrument includes a federal industrial instrument. workplace , for an apprentice or trainee employed by a group training organisation, includes the workplace of the host employer with whom the apprentice or trainee is placed.\n- (a) if an industrial instrument applying to employees in the workplace where the apprentice or trainee is employed or placed states a rate payable to apprentices or trainees—the rate stated in the instrument; or\n- (b) otherwise—the rate fixed by the commission, being a proportion of the wages payable for the relevant calling to employees in the workplace where the apprentice or trainee is employed or placed.\n- 1 An apprentice plumber is placed by a group training organisation in the workplace of a host employer where a federal award applies. The apprentice is entitled to the rate of wages stated in the federal award rather than a State award.\n- 2 An apprentice carpenter is placed by a group training organisation in the workplace of a host employer where a certified agreement applies. The certified agreement does not state the rate of wages payable to an apprentice. The apprentice is entitled to wages at the rate fixed by the commission, being a proportion of the wages payable to a qualified carpenter under the certified agreement.\n- (a) if, under the instrument, the allowance is taken to be part of the tradesperson’s wages—the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages; or\n- (b) if, under the instrument, the allowance is not taken to be part of the tradesperson’s wages—the full allowance.","sortOrder":165},{"sectionNumber":"sec.136","sectionType":"section","heading":"Order setting minimum wages and conditions","content":"### sec.136 Order setting minimum wages and conditions\n\nThe commission may make an order fixing minimum wages and employment conditions for the following employees, whether or not they are employed under an industrial instrument—\napprentices or trainees;\ndifferent classes of apprentices or trainees.\nIn making an order, the commission may consider any matter it considers relevant, including—\nthe age, competency, or method of progression through training of the apprentices or trainees; and\nan industrial instrument.\nDespite section 135 , if there is an inconsistency between an order and an industrial instrument (other than a certified agreement), the order prevails to the extent of the inconsistency.\nThe commission may make an order—\nof the commission’s own initiative; or\non application by—\nthe chief executive (training); or\nan organisation; or\na State peak council; or\nthe Minister; or\nanother entity with an interest in apprentices or trainees.\nIn this section—\nindustrial instrument includes a federal award or federal agreement.\n(sec.136-ssec.1) The commission may make an order fixing minimum wages and employment conditions for the following employees, whether or not they are employed under an industrial instrument— apprentices or trainees; different classes of apprentices or trainees.\n(sec.136-ssec.2) In making an order, the commission may consider any matter it considers relevant, including— the age, competency, or method of progression through training of the apprentices or trainees; and an industrial instrument.\n(sec.136-ssec.3) Despite section 135 , if there is an inconsistency between an order and an industrial instrument (other than a certified agreement), the order prevails to the extent of the inconsistency.\n(sec.136-ssec.4) The commission may make an order— of the commission’s own initiative; or on application by— the chief executive (training); or an organisation; or a State peak council; or the Minister; or another entity with an interest in apprentices or trainees.\n(sec.136-ssec.5) In this section— industrial instrument includes a federal award or federal agreement.\n- (a) apprentices or trainees;\n- (b) different classes of apprentices or trainees.\n- (a) the age, competency, or method of progression through training of the apprentices or trainees; and\n- (b) an industrial instrument.\n- (a) of the commission’s own initiative; or\n- (b) on application by— (i) the chief executive (training); or (ii) an organisation; or (iii) a State peak council; or (iv) the Minister; or (v) another entity with an interest in apprentices or trainees.\n- (i) the chief executive (training); or\n- (ii) an organisation; or\n- (iii) a State peak council; or\n- (iv) the Minister; or\n- (v) another entity with an interest in apprentices or trainees.\n- (i) the chief executive (training); or\n- (ii) an organisation; or\n- (iii) a State peak council; or\n- (iv) the Minister; or\n- (v) another entity with an interest in apprentices or trainees.","sortOrder":166},{"sectionNumber":"sec.137","sectionType":"section","heading":"Order setting tool allowance","content":"### sec.137 Order setting tool allowance\n\nThe commission may make an order requiring an apprentice’s employer to provide the apprentice with—\ntools relevant to the calling the apprentice is engaged in; or\nan amount to enable the apprentice to buy the tools (a tool allowance ).\nThe order may state—\nthe particular tools to be provided and the circumstances in which the tools are to be provided; or\nthe circumstances in which a tool allowance must be provided.\nThe commission may make an order—\nof the commission’s own initiative; or\non application by—\nthe chief executive (training); or\nan organisation; or\na State peak council; or\nthe Minister; or\nanother entity with an interest in apprentices.\nAn employer must not contravene an order.\nMaximum penalty—40 penalty units.\nAn offence against subsection (4) may consist of—\na single failure to provide the apprentice with the relevant tools, or tool allowance, for a level of the apprenticeship; or\na failure to provide the apprentice with the relevant tools, or tool allowance, for the term of the apprenticeship.\nThe offence starts on the day of the failure and continues until the apprentice has been provided with the relevant tools or tool allowance.\nA complaint, or a series of complaints, may be made for any period over which the offence continues.\nIf a magistrate finds an employer guilty of an offence against subsection (4) , the magistrate must, in addition to a penalty the magistrate may impose, order the employer to—\nprovide the apprentice with the tools required to be provided under the commission’s order; or\npay to the Magistrates Court the amount—\nstated in the commission’s order; or\nequivalent to the cost of the tools required to be provided under the commission’s order.\nThe magistrate may express the order in the alternative so the employer may decide how to comply with the order.\nThe court must pay an amount paid under subsection (8) (b) to the apprentice.\n(sec.137-ssec.1) The commission may make an order requiring an apprentice’s employer to provide the apprentice with— tools relevant to the calling the apprentice is engaged in; or an amount to enable the apprentice to buy the tools (a tool allowance ).\n(sec.137-ssec.2) The order may state— the particular tools to be provided and the circumstances in which the tools are to be provided; or the circumstances in which a tool allowance must be provided.\n(sec.137-ssec.3) The commission may make an order— of the commission’s own initiative; or on application by— the chief executive (training); or an organisation; or a State peak council; or the Minister; or another entity with an interest in apprentices.\n(sec.137-ssec.4) An employer must not contravene an order. Maximum penalty—40 penalty units.\n(sec.137-ssec.5) An offence against subsection (4) may consist of— a single failure to provide the apprentice with the relevant tools, or tool allowance, for a level of the apprenticeship; or a failure to provide the apprentice with the relevant tools, or tool allowance, for the term of the apprenticeship.\n(sec.137-ssec.6) The offence starts on the day of the failure and continues until the apprentice has been provided with the relevant tools or tool allowance.\n(sec.137-ssec.7) A complaint, or a series of complaints, may be made for any period over which the offence continues.\n(sec.137-ssec.8) If a magistrate finds an employer guilty of an offence against subsection (4) , the magistrate must, in addition to a penalty the magistrate may impose, order the employer to— provide the apprentice with the tools required to be provided under the commission’s order; or pay to the Magistrates Court the amount— stated in the commission’s order; or equivalent to the cost of the tools required to be provided under the commission’s order.\n(sec.137-ssec.9) The magistrate may express the order in the alternative so the employer may decide how to comply with the order.\n(sec.137-ssec.10) The court must pay an amount paid under subsection (8) (b) to the apprentice.\n- (a) tools relevant to the calling the apprentice is engaged in; or\n- (b) an amount to enable the apprentice to buy the tools (a tool allowance ).\n- (a) the particular tools to be provided and the circumstances in which the tools are to be provided; or\n- (b) the circumstances in which a tool allowance must be provided.\n- (a) of the commission’s own initiative; or\n- (b) on application by— (i) the chief executive (training); or (ii) an organisation; or (iii) a State peak council; or (iv) the Minister; or (v) another entity with an interest in apprentices.\n- (i) the chief executive (training); or\n- (ii) an organisation; or\n- (iii) a State peak council; or\n- (iv) the Minister; or\n- (v) another entity with an interest in apprentices.\n- (i) the chief executive (training); or\n- (ii) an organisation; or\n- (iii) a State peak council; or\n- (iv) the Minister; or\n- (v) another entity with an interest in apprentices.\n- (a) a single failure to provide the apprentice with the relevant tools, or tool allowance, for a level of the apprenticeship; or\n- (b) a failure to provide the apprentice with the relevant tools, or tool allowance, for the term of the apprenticeship.\n- (a) provide the apprentice with the tools required to be provided under the commission’s order; or\n- (b) pay to the Magistrates Court the amount— (i) stated in the commission’s order; or (ii) equivalent to the cost of the tools required to be provided under the commission’s order.\n- (i) stated in the commission’s order; or\n- (ii) equivalent to the cost of the tools required to be provided under the commission’s order.\n- (i) stated in the commission’s order; or\n- (ii) equivalent to the cost of the tools required to be provided under the commission’s order.","sortOrder":167},{"sectionNumber":"sec.138","sectionType":"section","heading":"Wages payable to former apprentices or trainees","content":"### sec.138 Wages payable to former apprentices or trainees\n\nThis section applies if—\nan employee was engaged as an apprentice or trainee; and\nthe employer continued to employ the employee after the end of the probationary period; and\neither—\nthe employer dismisses the employee; or\nthe employer does not sign a training contract.\nThe employee is entitled to the higher of the following for the period after the end of the probationary period—\nthe wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee;\nthe wages payable under the relevant industrial instrument applicable to the type of work the employee performed.\nThis section does not apply to an employee if a training contract between the employee and employer has been sent to the chief executive (training) for registration.\n(sec.138-ssec.1) This section applies if— an employee was engaged as an apprentice or trainee; and the employer continued to employ the employee after the end of the probationary period; and either— the employer dismisses the employee; or the employer does not sign a training contract.\n(sec.138-ssec.2) The employee is entitled to the higher of the following for the period after the end of the probationary period— the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee; the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.\n(sec.138-ssec.3) This section does not apply to an employee if a training contract between the employee and employer has been sent to the chief executive (training) for registration.\n- (a) an employee was engaged as an apprentice or trainee; and\n- (b) the employer continued to employ the employee after the end of the probationary period; and\n- (c) either— (i) the employer dismisses the employee; or (ii) the employer does not sign a training contract.\n- (i) the employer dismisses the employee; or\n- (ii) the employer does not sign a training contract.\n- (i) the employer dismisses the employee; or\n- (ii) the employer does not sign a training contract.\n- (a) the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee;\n- (b) the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.","sortOrder":168},{"sectionNumber":"sec.139","sectionType":"section","heading":"Reinstatement to previous position","content":"### sec.139 Reinstatement to previous position\n\nThis section applies if—\nan apprenticeship or traineeship is started with an employer; and\nimmediately before the apprenticeship or traineeship started, the person training as the apprentice or trainee was employed in a position (the previous position ) by the employer; and\nany of the following events happen—\nthe chief executive (training) refuses to register the person’s training contract;\nthe training contract is cancelled;\nthe apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends;\nthe person completes the apprenticeship or traineeship.\nThe person is taken to be immediately reinstated with the employer in the person’s previous position.\nThe reinstated person is not excluded from the operation of chapter 8 , part 2 only because of the apprenticeship or traineeship.\n(sec.139-ssec.1) This section applies if— an apprenticeship or traineeship is started with an employer; and immediately before the apprenticeship or traineeship started, the person training as the apprentice or trainee was employed in a position (the previous position ) by the employer; and any of the following events happen— the chief executive (training) refuses to register the person’s training contract; the training contract is cancelled; the apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends; the person completes the apprenticeship or traineeship.\n(sec.139-ssec.2) The person is taken to be immediately reinstated with the employer in the person’s previous position.\n(sec.139-ssec.3) The reinstated person is not excluded from the operation of chapter 8 , part 2 only because of the apprenticeship or traineeship.\n- (a) an apprenticeship or traineeship is started with an employer; and\n- (b) immediately before the apprenticeship or traineeship started, the person training as the apprentice or trainee was employed in a position (the previous position ) by the employer; and\n- (c) any of the following events happen— (i) the chief executive (training) refuses to register the person’s training contract; (ii) the training contract is cancelled; (iii) the apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends; (iv) the person completes the apprenticeship or traineeship.\n- (i) the chief executive (training) refuses to register the person’s training contract;\n- (ii) the training contract is cancelled;\n- (iii) the apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends;\n- (iv) the person completes the apprenticeship or traineeship.\n- (i) the chief executive (training) refuses to register the person’s training contract;\n- (ii) the training contract is cancelled;\n- (iii) the apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends;\n- (iv) the person completes the apprenticeship or traineeship.","sortOrder":169},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Labour market programs","content":"# Labour market programs","sortOrder":170},{"sectionNumber":"sec.140","sectionType":"section","heading":"Orders for wages and employment conditions","content":"### sec.140 Orders for wages and employment conditions\n\nThe commission may make an order fixing wages and employment conditions for employees who participate in a labour market program.\nIn making an order, the commission may consider any matter the commission considers relevant, including—\nthe objectives of the program; and\nany attribute of the participants that affects their ability to get employment, including, for example—\nthe age and competency of the participants; and\nany disability or incapacity of the participants; and\nthe kind of work done in the program; and\nthe experience to be gained by the participants; and\nany relevant industrial instrument; and\nany remuneration or benefit the participants are receiving from the Commonwealth or the State.\nThe commission may make an order—\nof the commission’s own initiative; or\non application by—\nthe chief executive (training); or\nthe Minister.\n(sec.140-ssec.1) The commission may make an order fixing wages and employment conditions for employees who participate in a labour market program.\n(sec.140-ssec.2) In making an order, the commission may consider any matter the commission considers relevant, including— the objectives of the program; and any attribute of the participants that affects their ability to get employment, including, for example— the age and competency of the participants; and any disability or incapacity of the participants; and the kind of work done in the program; and the experience to be gained by the participants; and any relevant industrial instrument; and any remuneration or benefit the participants are receiving from the Commonwealth or the State.\n(sec.140-ssec.3) The commission may make an order— of the commission’s own initiative; or on application by— the chief executive (training); or the Minister.\n- (a) the objectives of the program; and\n- (b) any attribute of the participants that affects their ability to get employment, including, for example— (i) the age and competency of the participants; and (ii) any disability or incapacity of the participants; and\n- (i) the age and competency of the participants; and\n- (ii) any disability or incapacity of the participants; and\n- (c) the kind of work done in the program; and\n- (d) the experience to be gained by the participants; and\n- (e) any relevant industrial instrument; and\n- (f) any remuneration or benefit the participants are receiving from the Commonwealth or the State.\n- (i) the age and competency of the participants; and\n- (ii) any disability or incapacity of the participants; and\n- (a) of the commission’s own initiative; or\n- (b) on application by— (i) the chief executive (training); or (ii) the Minister.\n- (i) the chief executive (training); or\n- (ii) the Minister.\n- (i) the chief executive (training); or\n- (ii) the Minister.","sortOrder":171},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":172},{"sectionNumber":"sec.141","sectionType":"section","heading":"General requirements for commission exercising powers","content":"### sec.141 General requirements for commission exercising powers\n\nIn exercising its powers under this chapter, the commission must ensure a modern award—\nprovides for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards; and\ngenerally reflects the prevailing employment conditions of employees covered, or to be covered, by the award.\nFor subsection (1) , the commission must have regard to the following—\nrelative living standards and the needs of low-paid employees;\nthe need to promote social inclusion through increased workforce participation;\nthe need to promote flexible modern work practices and the efficient and productive performance of work;\nthe need to ensure equal remuneration for work of equal or comparable value;\nthe need to provide penalty rates for employees who—\nwork overtime; or\nwork unsocial, irregular or unpredictable hours; or\nwork on weekends or public holidays; or\nperform shift work;\nthe efficiency and effectiveness of the economy, including productivity, inflation and the desirability of achieving a high level of employment.\n(sec.141-ssec.1) In exercising its powers under this chapter, the commission must ensure a modern award— provides for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards; and generally reflects the prevailing employment conditions of employees covered, or to be covered, by the award.\n(sec.141-ssec.2) For subsection (1) , the commission must have regard to the following— relative living standards and the needs of low-paid employees; the need to promote social inclusion through increased workforce participation; the need to promote flexible modern work practices and the efficient and productive performance of work; the need to ensure equal remuneration for work of equal or comparable value; the need to provide penalty rates for employees who— work overtime; or work unsocial, irregular or unpredictable hours; or work on weekends or public holidays; or perform shift work; the efficiency and effectiveness of the economy, including productivity, inflation and the desirability of achieving a high level of employment.\n- (a) provides for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards; and\n- (b) generally reflects the prevailing employment conditions of employees covered, or to be covered, by the award.\n- (a) relative living standards and the needs of low-paid employees;\n- (b) the need to promote social inclusion through increased workforce participation;\n- (c) the need to promote flexible modern work practices and the efficient and productive performance of work;\n- (d) the need to ensure equal remuneration for work of equal or comparable value;\n- (e) the need to provide penalty rates for employees who— (i) work overtime; or (ii) work unsocial, irregular or unpredictable hours; or (iii) work on weekends or public holidays; or (iv) perform shift work;\n- (i) work overtime; or\n- (ii) work unsocial, irregular or unpredictable hours; or\n- (iii) work on weekends or public holidays; or\n- (iv) perform shift work;\n- (f) the efficiency and effectiveness of the economy, including productivity, inflation and the desirability of achieving a high level of employment.\n- (i) work overtime; or\n- (ii) work unsocial, irregular or unpredictable hours; or\n- (iii) work on weekends or public holidays; or\n- (iv) perform shift work;","sortOrder":173},{"sectionNumber":"sec.142","sectionType":"section","heading":"General requirement about minimum wages","content":"### sec.142 General requirement about minimum wages\n\nTo the extent the commission’s powers under this chapter relate to setting, varying or revoking minimum wages in a modern award, the commission must establish and maintain minimum wages that are fair and just.\nFor subsection (1) , the commission must have regard to the following—\nthe prevailing employment conditions of employees covered by the modern award;\nthe matters mentioned in section 141 (2) (a) to (d) and (f) ;\nproviding a comprehensive range of fair minimum wages to—\nyoung employees; and\nemployees engaged as apprentices and trainees; and\nemployees with a disability.\n(sec.142-ssec.1) To the extent the commission’s powers under this chapter relate to setting, varying or revoking minimum wages in a modern award, the commission must establish and maintain minimum wages that are fair and just.\n(sec.142-ssec.2) For subsection (1) , the commission must have regard to the following— the prevailing employment conditions of employees covered by the modern award; the matters mentioned in section 141 (2) (a) to (d) and (f) ; providing a comprehensive range of fair minimum wages to— young employees; and employees engaged as apprentices and trainees; and employees with a disability.\n- (a) the prevailing employment conditions of employees covered by the modern award;\n- (b) the matters mentioned in section 141 (2) (a) to (d) and (f) ;\n- (c) providing a comprehensive range of fair minimum wages to— (i) young employees; and (ii) employees engaged as apprentices and trainees; and (iii) employees with a disability.\n- (i) young employees; and\n- (ii) employees engaged as apprentices and trainees; and\n- (iii) employees with a disability.\n- (i) young employees; and\n- (ii) employees engaged as apprentices and trainees; and\n- (iii) employees with a disability.","sortOrder":174},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Content of modern awards","content":"# Content of modern awards","sortOrder":175},{"sectionNumber":"sec.143","sectionType":"section","heading":"Content of modern awards","content":"### sec.143 Content of modern awards\n\nThe commission must ensure a modern award—\ndoes not include a provision that discriminates against an employee; and\nSee, however, subsection (2) .\ndoes not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards; and\nprovides for equal remuneration for work of equal or comparable value; and\nIn relation to the making of a modern award, see the further requirements under chapter 5 , part 2 , division 1 .\ndoes not include an objectionable term within the meaning of section 301 ; and\nis stated in plain English and its structure and content is easy to understand; and\ndoes not include provisions that are obsolete; and\nincludes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to employees; and\nSee also subsection (3) for further requirements relating to the consultation provision mentioned in paragraph (g) .\nincludes provisions stating the employers, employees and organisations the award applies to; and\nprovides fair standards for employees in the context of living standards generally prevailing in the community; and\nis suited to the efficient performance of work according to the needs of particular enterprises, industries or workplaces; and\nwhenever possible—\ncontains facilitative provisions about how the provisions of the award are to apply; and\ncontains provisions enabling the employment of regular part-time employees; and\nprovides support for training arrangements; and\ncontains facilitative provisions about work and family responsibilities; and\ntakes into account employees’ family responsibilities.\nA modern award does not discriminate against an employee only because it provides for minimum wages for any of the following—\nall young employees;\nall employees with a disability;\nall employees engaged as apprentices or trainees;\na class of employees mentioned in paragraph (a) , (b) or (c) .\nFor subsection (1) (g) , the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.\nIn this section—\nfacilitative provisions , about a matter, means provisions allowing agreement to be reached at the workplace or enterprise level, between employers and employees (including individual employees), for the matter.\nrelevant employee organisation means an employee organisation that—\nis covered, or will be covered, by the modern award; or\nis entitled to represent the industrial interests of employees who are, or will be, covered by the modern award.\n(sec.143-ssec.1) The commission must ensure a modern award— does not include a provision that discriminates against an employee; and See, however, subsection (2) . does not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards; and provides for equal remuneration for work of equal or comparable value; and In relation to the making of a modern award, see the further requirements under chapter 5 , part 2 , division 1 . does not include an objectionable term within the meaning of section 301 ; and is stated in plain English and its structure and content is easy to understand; and does not include provisions that are obsolete; and includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to employees; and See also subsection (3) for further requirements relating to the consultation provision mentioned in paragraph (g) . includes provisions stating the employers, employees and organisations the award applies to; and provides fair standards for employees in the context of living standards generally prevailing in the community; and is suited to the efficient performance of work according to the needs of particular enterprises, industries or workplaces; and whenever possible— contains facilitative provisions about how the provisions of the award are to apply; and contains provisions enabling the employment of regular part-time employees; and provides support for training arrangements; and contains facilitative provisions about work and family responsibilities; and takes into account employees’ family responsibilities.\n(sec.143-ssec.2) A modern award does not discriminate against an employee only because it provides for minimum wages for any of the following— all young employees; all employees with a disability; all employees engaged as apprentices or trainees; a class of employees mentioned in paragraph (a) , (b) or (c) .\n(sec.143-ssec.3) For subsection (1) (g) , the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.\n(sec.143-ssec.4) In this section— facilitative provisions , about a matter, means provisions allowing agreement to be reached at the workplace or enterprise level, between employers and employees (including individual employees), for the matter. relevant employee organisation means an employee organisation that— is covered, or will be covered, by the modern award; or is entitled to represent the industrial interests of employees who are, or will be, covered by the modern award.\n- (a) does not include a provision that discriminates against an employee; and Note— See, however, subsection (2) .\n- (b) does not include a provision that displaces, or is otherwise inconsistent with, the Queensland Employment Standards, unless the provision is at least as favourable for an employee as the Queensland Employment Standards; and\n- (c) provides for equal remuneration for work of equal or comparable value; and Note— In relation to the making of a modern award, see the further requirements under chapter 5 , part 2 , division 1 .\n- (d) does not include an objectionable term within the meaning of section 301 ; and\n- (e) is stated in plain English and its structure and content is easy to understand; and\n- (f) does not include provisions that are obsolete; and\n- (g) includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to employees; and Note— See also subsection (3) for further requirements relating to the consultation provision mentioned in paragraph (g) .\n- (h) includes provisions stating the employers, employees and organisations the award applies to; and\n- (i) provides fair standards for employees in the context of living standards generally prevailing in the community; and\n- (j) is suited to the efficient performance of work according to the needs of particular enterprises, industries or workplaces; and\n- (k) whenever possible— (i) contains facilitative provisions about how the provisions of the award are to apply; and (ii) contains provisions enabling the employment of regular part-time employees; and (iii) provides support for training arrangements; and (iv) contains facilitative provisions about work and family responsibilities; and\n- (i) contains facilitative provisions about how the provisions of the award are to apply; and\n- (ii) contains provisions enabling the employment of regular part-time employees; and\n- (iii) provides support for training arrangements; and\n- (iv) contains facilitative provisions about work and family responsibilities; and\n- (l) takes into account employees’ family responsibilities.\n- (i) contains facilitative provisions about how the provisions of the award are to apply; and\n- (ii) contains provisions enabling the employment of regular part-time employees; and\n- (iii) provides support for training arrangements; and\n- (iv) contains facilitative provisions about work and family responsibilities; and\n- (a) all young employees;\n- (b) all employees with a disability;\n- (c) all employees engaged as apprentices or trainees;\n- (d) a class of employees mentioned in paragraph (a) , (b) or (c) .\n- (a) is covered, or will be covered, by the modern award; or\n- (b) is entitled to represent the industrial interests of employees who are, or will be, covered by the modern award.","sortOrder":176},{"sectionNumber":"sec.144","sectionType":"section","heading":"Dispute resolution procedure","content":"### sec.144 Dispute resolution procedure\n\nThe commission must ensure a modern award includes a dispute resolution procedure.\nThe dispute resolution procedure must be—\nagreed on by the parties to the modern award; or\nif the parties can not agree, a procedure considered appropriate by the commission.\nWithout limiting subsection (1) , the procedure must include—\nconsultation at the workplace; and\nthe involvement of relevant organisations; and\nany other matter prescribed by regulation.\n(sec.144-ssec.1) The commission must ensure a modern award includes a dispute resolution procedure.\n(sec.144-ssec.2) The dispute resolution procedure must be— agreed on by the parties to the modern award; or if the parties can not agree, a procedure considered appropriate by the commission.\n(sec.144-ssec.3) Without limiting subsection (1) , the procedure must include— consultation at the workplace; and the involvement of relevant organisations; and any other matter prescribed by regulation.\n- (a) agreed on by the parties to the modern award; or\n- (b) if the parties can not agree, a procedure considered appropriate by the commission.\n- (a) consultation at the workplace; and\n- (b) the involvement of relevant organisations; and\n- (c) any other matter prescribed by regulation.","sortOrder":177},{"sectionNumber":"sec.145","sectionType":"section","heading":"Flow-on of provisions from certified agreements","content":"### sec.145 Flow-on of provisions from certified agreements\n\nThe commission may, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement only if satisfied the provisions—\nare consistent with principles established by the full bench that apply for deciding wages and employment conditions; and\nare not contrary to the public interest.\nHowever, the commission must, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement if—\nthe parties to the certified agreement agree; and\nthe award applies, or will apply, to the parties to the certified agreement.\nThe provisions included under subsection (2) must apply only to the parties to the certified agreement.\n(sec.145-ssec.1) The commission may, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement only if satisfied the provisions— are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and are not contrary to the public interest.\n(sec.145-ssec.2) However, the commission must, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement if— the parties to the certified agreement agree; and the award applies, or will apply, to the parties to the certified agreement.\n(sec.145-ssec.3) The provisions included under subsection (2) must apply only to the parties to the certified agreement.\n- (a) are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and\n- (b) are not contrary to the public interest.\n- (a) the parties to the certified agreement agree; and\n- (b) the award applies, or will apply, to the parties to the certified agreement.","sortOrder":178},{"sectionNumber":"sec.146","sectionType":"section","heading":"Flow-on of provisions from directives","content":"### sec.146 Flow-on of provisions from directives\n\nThe commission must, on the application of a party to a modern award, include in the award provisions that are based on a directive if—\nthe provisions of the directive apply, or have previously applied, to the parties to the award; and\nthe parties to the award agree.\nThe provisions included under subsection (1) must apply only to the persons to whom the directive applies or applied.\n(sec.146-ssec.1) The commission must, on the application of a party to a modern award, include in the award provisions that are based on a directive if— the provisions of the directive apply, or have previously applied, to the parties to the award; and the parties to the award agree.\n(sec.146-ssec.2) The provisions included under subsection (1) must apply only to the persons to whom the directive applies or applied.\n- (a) the provisions of the directive apply, or have previously applied, to the parties to the award; and\n- (b) the parties to the award agree.","sortOrder":179},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Making, varying and revoking modern awards","content":"# Making, varying and revoking modern awards","sortOrder":180},{"sectionNumber":"sec.147","sectionType":"section","heading":"Commission’s power to make or vary modern awards","content":"### sec.147 Commission’s power to make or vary modern awards\n\nThe commission may do either of the following to provide for fair and just employment conditions—\nmake a modern award;\nmake an order varying a modern award.\nThe commission may exercise a power under this section—\non its own initiative; or\non the application of any of the following persons—\nthe Minister;\nan organisation;\nan employer;\nan employee; or\non a review of a modern award under part 5 .\n(sec.147-ssec.1) The commission may do either of the following to provide for fair and just employment conditions— make a modern award; make an order varying a modern award.\n(sec.147-ssec.2) The commission may exercise a power under this section— on its own initiative; or on the application of any of the following persons— the Minister; an organisation; an employer; an employee; or on a review of a modern award under part 5 .\n- (a) make a modern award;\n- (b) make an order varying a modern award.\n- (a) on its own initiative; or\n- (b) on the application of any of the following persons— (i) the Minister; (ii) an organisation; (iii) an employer; (iv) an employee; or\n- (i) the Minister;\n- (ii) an organisation;\n- (iii) an employer;\n- (iv) an employee; or\n- (c) on a review of a modern award under part 5 .\n- (i) the Minister;\n- (ii) an organisation;\n- (iii) an employer;\n- (iv) an employee; or","sortOrder":181},{"sectionNumber":"sec.148","sectionType":"section","heading":"When variation takes effect","content":"### sec.148 When variation takes effect\n\nThis section applies to an order varying a modern award.\nThe order takes effect on the day stated in the order.\nThe stated day must not be earlier than the day on which the order is made, unless—\nthe variation removes an ambiguity or uncertainty or corrects an error; and\nthe commission is satisfied exceptional circumstances justify stating an earlier day; and\nthe order does not adversely affect an employee.\nThe order does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after the day the order takes effect under subsection (2) .\nThe retrospective operation of the order does not affect the validity of an approval, given by the commission before the order was made, of an application under chapter 4 to certify or amend a certified agreement.\nA person can not be punished for contravening the modern award or a certified agreement before the order was made if, but for the retrospective operation of the order, the conduct would not have contravened the modern award or certified agreement.\n(sec.148-ssec.1) This section applies to an order varying a modern award.\n(sec.148-ssec.2) The order takes effect on the day stated in the order.\n(sec.148-ssec.3) The stated day must not be earlier than the day on which the order is made, unless— the variation removes an ambiguity or uncertainty or corrects an error; and the commission is satisfied exceptional circumstances justify stating an earlier day; and the order does not adversely affect an employee.\n(sec.148-ssec.4) The order does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after the day the order takes effect under subsection (2) .\n(sec.148-ssec.5) The retrospective operation of the order does not affect the validity of an approval, given by the commission before the order was made, of an application under chapter 4 to certify or amend a certified agreement.\n(sec.148-ssec.6) A person can not be punished for contravening the modern award or a certified agreement before the order was made if, but for the retrospective operation of the order, the conduct would not have contravened the modern award or certified agreement.\n- (a) the variation removes an ambiguity or uncertainty or corrects an error; and\n- (b) the commission is satisfied exceptional circumstances justify stating an earlier day; and\n- (c) the order does not adversely affect an employee.","sortOrder":182},{"sectionNumber":"sec.149","sectionType":"section","heading":"Variation of modern awards to correct minor errors etc.","content":"### sec.149 Variation of modern awards to correct minor errors etc.\n\nThe registrar may, on an application under the rules or on the registrar’s own initiative, vary a modern award to—\ncorrect minor or technical errors; or\nreflect a change to the name of a party or update another reference that has become outdated.\nThe variation takes effect when it is approved by the commissioner nominated by the president to approve variations for this section.\n(sec.149-ssec.1) The registrar may, on an application under the rules or on the registrar’s own initiative, vary a modern award to— correct minor or technical errors; or reflect a change to the name of a party or update another reference that has become outdated.\n(sec.149-ssec.2) The variation takes effect when it is approved by the commissioner nominated by the president to approve variations for this section.\n- (a) correct minor or technical errors; or\n- (b) reflect a change to the name of a party or update another reference that has become outdated.","sortOrder":183},{"sectionNumber":"sec.150","sectionType":"section","heading":"Commission’s power to revoke modern awards","content":"### sec.150 Commission’s power to revoke modern awards\n\nTo provide for fair and just employment conditions, the commission may make an order revoking a modern award.\nHowever, the commission must not make the order unless satisfied no employees will be adversely affected by the revocation of the award.\nThe commission may make the order—\non its own initiative; or\non the application of any of the following persons—\nthe Minister;\nan organisation;\nan employer;\nan employee; or\non a review of the modern award under part 5 .\nThis section does not apply to the revocation of a modern award on the making of a bargaining award under chapter 4 , part 5 .\n(sec.150-ssec.1) To provide for fair and just employment conditions, the commission may make an order revoking a modern award.\n(sec.150-ssec.2) However, the commission must not make the order unless satisfied no employees will be adversely affected by the revocation of the award.\n(sec.150-ssec.3) The commission may make the order— on its own initiative; or on the application of any of the following persons— the Minister; an organisation; an employer; an employee; or on a review of the modern award under part 5 .\n(sec.150-ssec.4) This section does not apply to the revocation of a modern award on the making of a bargaining award under chapter 4 , part 5 .\n- (a) on its own initiative; or\n- (b) on the application of any of the following persons— (i) the Minister; (ii) an organisation; (iii) an employer; (iv) an employee; or\n- (i) the Minister;\n- (ii) an organisation;\n- (iii) an employer;\n- (iv) an employee; or\n- (c) on a review of the modern award under part 5 .\n- (i) the Minister;\n- (ii) an organisation;\n- (iii) an employer;\n- (iv) an employee; or","sortOrder":184},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Coverage and operation of modern awards","content":"# Coverage and operation of modern awards","sortOrder":185},{"sectionNumber":"sec.151","sectionType":"section","heading":"Contravention of modern awards","content":"### sec.151 Contravention of modern awards\n\nA person must not contravene a provision of a modern award.\nThis section is a civil penalty provision.\nA person does not contravene a provision of a modern award unless the award applies to the person—see section 152 .\n- 1 This section is a civil penalty provision.\n- 2 A person does not contravene a provision of a modern award unless the award applies to the person—see section 152 .","sortOrder":186},{"sectionNumber":"sec.152","sectionType":"section","heading":"Significance of application of modern awards","content":"### sec.152 Significance of application of modern awards\n\nA modern award does not impose obligations, or confer entitlements, on a person unless the award applies to the person.\nA person does not contravene a provision of a modern award unless the award applies to the person.\n(sec.152-ssec.1) A modern award does not impose obligations, or confer entitlements, on a person unless the award applies to the person.\n(sec.152-ssec.2) A person does not contravene a provision of a modern award unless the award applies to the person.","sortOrder":187},{"sectionNumber":"sec.153","sectionType":"section","heading":"Who a modern award applies to","content":"### sec.153 Who a modern award applies to\n\nA modern award applies to an employee, employer or organisation if the award is in operation and—\nthe award states that it applies to the employee, employer or organisation; or\nthe award applies to the employee, employer or organisation under any of the following—\na provision of this Act;\nan order made by the commission under this Act;\nan order of a court.\nHowever, a modern award does not apply to an employee, employer or organisation if a provision of this Act provides that the award does not apply to the employee, employer or organisation.\nWithout limiting subsection (1) , it is declared that a modern award may state it applies to a stated establishment or operation of a stated employer.\nA reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.\n(sec.153-ssec.1) A modern award applies to an employee, employer or organisation if the award is in operation and— the award states that it applies to the employee, employer or organisation; or the award applies to the employee, employer or organisation under any of the following— a provision of this Act; an order made by the commission under this Act; an order of a court.\n(sec.153-ssec.2) However, a modern award does not apply to an employee, employer or organisation if a provision of this Act provides that the award does not apply to the employee, employer or organisation.\n(sec.153-ssec.3) Without limiting subsection (1) , it is declared that a modern award may state it applies to a stated establishment or operation of a stated employer.\n(sec.153-ssec.4) A reference in this Act to a modern award applying to an employee is a reference to the award applying to the employee in relation to particular employment.\n- (a) the award states that it applies to the employee, employer or organisation; or\n- (b) the award applies to the employee, employer or organisation under any of the following— (i) a provision of this Act; (ii) an order made by the commission under this Act; (iii) an order of a court.\n- (i) a provision of this Act;\n- (ii) an order made by the commission under this Act;\n- (iii) an order of a court.\n- (i) a provision of this Act;\n- (ii) an order made by the commission under this Act;\n- (iii) an order of a court.","sortOrder":188},{"sectionNumber":"sec.154","sectionType":"section","heading":"Application to successors","content":"### sec.154 Application to successors\n\nIf a modern award applies only to a stated employer, the award applies to—\nthe employer and any successor of the employer; and\nall employees of the employer and any successor.\nHowever, if a modern award applies only to a stated establishment or operation of a stated employer, the award applies to—\nthe employer and any successor of the employer; and\nall employees of the employer and any successor of the employer in the establishment or operation.\n(sec.154-ssec.1) If a modern award applies only to a stated employer, the award applies to— the employer and any successor of the employer; and all employees of the employer and any successor.\n(sec.154-ssec.2) However, if a modern award applies only to a stated establishment or operation of a stated employer, the award applies to— the employer and any successor of the employer; and all employees of the employer and any successor of the employer in the establishment or operation.\n- (a) the employer and any successor of the employer; and\n- (b) all employees of the employer and any successor.\n- (a) the employer and any successor of the employer; and\n- (b) all employees of the employer and any successor of the employer in the establishment or operation.","sortOrder":189},{"sectionNumber":"sec.155","sectionType":"section","heading":"When modern awards operate","content":"### sec.155 When modern awards operate\n\nA modern award starts operating on the day stated in the award as the day on which it comes into operation.\nThe stated day must not be earlier than the day the modern award is made.\nA modern award continues in effect until it is revoked.\n(sec.155-ssec.1) A modern award starts operating on the day stated in the award as the day on which it comes into operation.\n(sec.155-ssec.2) The stated day must not be earlier than the day the modern award is made.\n(sec.155-ssec.3) A modern award continues in effect until it is revoked.","sortOrder":190},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Review of modern awards","content":"# Review of modern awards","sortOrder":191},{"sectionNumber":"sec.156","sectionType":"section","heading":"Commission’s power to review modern awards","content":"### sec.156 Commission’s power to review modern awards\n\nThe commission may review a modern award—\non its own initiative; or\non the application of—\na person to whom the award applies; or\nan employee organisation that represents a person mentioned in subparagraph (i) .\nAn application mentioned in subsection (1) (b) may include a request to vary a provision of the modern award about wages or employment conditions.\n(sec.156-ssec.1) The commission may review a modern award— on its own initiative; or on the application of— a person to whom the award applies; or an employee organisation that represents a person mentioned in subparagraph (i) .\n(sec.156-ssec.2) An application mentioned in subsection (1) (b) may include a request to vary a provision of the modern award about wages or employment conditions.\n- (a) on its own initiative; or\n- (b) on the application of— (i) a person to whom the award applies; or (ii) an employee organisation that represents a person mentioned in subparagraph (i) .\n- (i) a person to whom the award applies; or\n- (ii) an employee organisation that represents a person mentioned in subparagraph (i) .\n- (i) a person to whom the award applies; or\n- (ii) an employee organisation that represents a person mentioned in subparagraph (i) .","sortOrder":192},{"sectionNumber":"sec.157","sectionType":"section","heading":"Review on application by Queensland Human Rights Commission","content":"### sec.157 Review on application by Queensland Human Rights Commission\n\nThe Queensland Human Rights Commission may apply to the commission for a review of a modern award on the grounds it is discriminatory.\nIf an application is made under subsection (1) , the commission must—\nreview the modern award; and\nif it considers the award requires a person to do an act that would be unlawful under the Anti-Discrimination Act 1991 if the act were not done under the award—make an order varying the award so it no longer requires the person to do the unlawful act.\ns 157 amd 2019 No. 5 s 141\n(sec.157-ssec.1) The Queensland Human Rights Commission may apply to the commission for a review of a modern award on the grounds it is discriminatory.\n(sec.157-ssec.2) If an application is made under subsection (1) , the commission must— review the modern award; and if it considers the award requires a person to do an act that would be unlawful under the Anti-Discrimination Act 1991 if the act were not done under the award—make an order varying the award so it no longer requires the person to do the unlawful act.\n- (a) review the modern award; and\n- (b) if it considers the award requires a person to do an act that would be unlawful under the Anti-Discrimination Act 1991 if the act were not done under the award—make an order varying the award so it no longer requires the person to do the unlawful act.","sortOrder":193},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Technical matters","content":"# Technical matters","sortOrder":194},{"sectionNumber":"sec.158","sectionType":"section","heading":"Definition for part","content":"### sec.158 Definition for part\n\nIn this part—\nrelevant instrument means—\na modern award; or\nan order varying or revoking a modern award.\n- (a) a modern award; or\n- (b) an order varying or revoking a modern award.","sortOrder":195},{"sectionNumber":"sec.159","sectionType":"section","heading":"Formal requirements of relevant instruments","content":"### sec.159 Formal requirements of relevant instruments\n\nA relevant instrument must—\nbe in writing; and\nbe signed by the member of the commission making the instrument; and\nstate the day on which it is signed.\nAlso, a modern award must—\nhave a unique title; and\nhave a table of contents; and\nbe expressed in plain English and be easy to understand in structure and content.\n(sec.159-ssec.1) A relevant instrument must— be in writing; and be signed by the member of the commission making the instrument; and state the day on which it is signed.\n(sec.159-ssec.2) Also, a modern award must— have a unique title; and have a table of contents; and be expressed in plain English and be easy to understand in structure and content.\n- (a) be in writing; and\n- (b) be signed by the member of the commission making the instrument; and\n- (c) state the day on which it is signed.\n- (a) have a unique title; and\n- (b) have a table of contents; and\n- (c) be expressed in plain English and be easy to understand in structure and content.","sortOrder":196},{"sectionNumber":"sec.160","sectionType":"section","heading":"Publication of relevant instruments","content":"### sec.160 Publication of relevant instruments\n\nThis section applies if the commission makes a relevant instrument.\nAs soon as practicable after making the relevant instrument, the commission must give the registrar—\na copy of the instrument; and\nwritten reasons for the instrument.\nAs soon as practicable after the registrar receives a copy of the relevant instrument under subsection (2) , the registrar must—\ngive the parties to whom the relevant modern award applies, or will or did apply, notice of the making of the instrument; and\nensure a copy of the instrument and the written reasons for the instrument are published on the QIRC website.\nThe registrar must give the notice under subsection (3) (a) —\nin the way prescribed by regulation; or\nif there is no prescribed way—in the way the registrar considers appropriate.\n(sec.160-ssec.1) This section applies if the commission makes a relevant instrument.\n(sec.160-ssec.2) As soon as practicable after making the relevant instrument, the commission must give the registrar— a copy of the instrument; and written reasons for the instrument.\n(sec.160-ssec.3) As soon as practicable after the registrar receives a copy of the relevant instrument under subsection (2) , the registrar must— give the parties to whom the relevant modern award applies, or will or did apply, notice of the making of the instrument; and ensure a copy of the instrument and the written reasons for the instrument are published on the QIRC website.\n(sec.160-ssec.4) The registrar must give the notice under subsection (3) (a) — in the way prescribed by regulation; or if there is no prescribed way—in the way the registrar considers appropriate.\n- (a) a copy of the instrument; and\n- (b) written reasons for the instrument.\n- (a) give the parties to whom the relevant modern award applies, or will or did apply, notice of the making of the instrument; and\n- (b) ensure a copy of the instrument and the written reasons for the instrument are published on the QIRC website.\n- (a) in the way prescribed by regulation; or\n- (b) if there is no prescribed way—in the way the registrar considers appropriate.","sortOrder":197},{"sectionNumber":"sec.161","sectionType":"section","heading":"Publication of varied awards","content":"### sec.161 Publication of varied awards\n\nThis section applies if—\nthe commission makes an order under this chapter or section 458 varying a modern award; or\nthe registrar varies a modern award under section 149 .\nThe registrar must, as soon as practicable after the determination is made, publish the award as varied on the QIRC website.\n(sec.161-ssec.1) This section applies if— the commission makes an order under this chapter or section 458 varying a modern award; or the registrar varies a modern award under section 149 .\n(sec.161-ssec.2) The registrar must, as soon as practicable after the determination is made, publish the award as varied on the QIRC website.\n- (a) the commission makes an order under this chapter or section 458 varying a modern award; or\n- (b) the registrar varies a modern award under section 149 .","sortOrder":198},{"sectionNumber":"sec.162","sectionType":"section","heading":"Interpretation of relevant instrument","content":"### sec.162 Interpretation of relevant instrument\n\nA term used in a relevant instrument has the same meaning as it has—\nin this Act; or\nsubject to paragraph (a) , under the Acts Interpretation Act 1954 .\nSubsection (1) applies subject to a contrary intention in the instrument.\n(sec.162-ssec.1) A term used in a relevant instrument has the same meaning as it has— in this Act; or subject to paragraph (a) , under the Acts Interpretation Act 1954 .\n(sec.162-ssec.2) Subsection (1) applies subject to a contrary intention in the instrument.\n- (a) in this Act; or\n- (b) subject to paragraph (a) , under the Acts Interpretation Act 1954 .","sortOrder":199},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":200},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Purpose and application","content":"## Purpose and application","sortOrder":201},{"sectionNumber":"sec.163","sectionType":"section","heading":"Purpose of chapter","content":"### sec.163 Purpose of chapter\n\nThe purpose of this chapter is—\nto facilitate collective bargaining by employees and employers, in good faith and with a view to reaching agreement, as the primary basis under this Act on which wages and employment conditions are decided; and\nif the negotiating parties can not reach agreement, to provide for the commission to—\nhelp the parties reach agreement or, if agreement can not be reached, reduce the matters in dispute; and\narbitrate the matter if conciliation is not successful; and\nif the negotiating parties reach agreement, to enable the parties to—\nmake an agreement and apply to the commission for the agreement to be certified; or\nin particular circumstances, apply to the commission for the making of a bargaining award and revocation of the modern award that covers the negotiating parties; and\nto recognise the right of negotiating parties to take protected industrial action, if particular requirements are satisfied, as part of the collective bargaining process.\n- (a) to facilitate collective bargaining by employees and employers, in good faith and with a view to reaching agreement, as the primary basis under this Act on which wages and employment conditions are decided; and\n- (b) if the negotiating parties can not reach agreement, to provide for the commission to— (i) help the parties reach agreement or, if agreement can not be reached, reduce the matters in dispute; and (ii) arbitrate the matter if conciliation is not successful; and\n- (i) help the parties reach agreement or, if agreement can not be reached, reduce the matters in dispute; and\n- (ii) arbitrate the matter if conciliation is not successful; and\n- (c) if the negotiating parties reach agreement, to enable the parties to— (i) make an agreement and apply to the commission for the agreement to be certified; or (ii) in particular circumstances, apply to the commission for the making of a bargaining award and revocation of the modern award that covers the negotiating parties; and\n- (i) make an agreement and apply to the commission for the agreement to be certified; or\n- (ii) in particular circumstances, apply to the commission for the making of a bargaining award and revocation of the modern award that covers the negotiating parties; and\n- (d) to recognise the right of negotiating parties to take protected industrial action, if particular requirements are satisfied, as part of the collective bargaining process.\n- (i) help the parties reach agreement or, if agreement can not be reached, reduce the matters in dispute; and\n- (ii) arbitrate the matter if conciliation is not successful; and\n- (i) make an agreement and apply to the commission for the agreement to be certified; or\n- (ii) in particular circumstances, apply to the commission for the making of a bargaining award and revocation of the modern award that covers the negotiating parties; and","sortOrder":202},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Some basic concepts about collective bargaining","content":"## Some basic concepts about collective bargaining","sortOrder":203},{"sectionNumber":"sec.164","sectionType":"section","heading":"What is a certified agreement","content":"### sec.164 What is a certified agreement\n\nA certified agreement is a written agreement—\nabout industrial matters relating to—\nan employer; and\na group of employees of the employer, whether all employees or a category of employees; and\nthe employee organisations covered by the agreement; and\nAn employee organisation is a body that is registered as an organisation under chapter 12 —see schedule 5 , definition organisation .\nthat has been certified under part 5 .\nA certified agreement covers all employees in the group, even employees who were employed after the agreement was made.\n(sec.164-ssec.1) A certified agreement is a written agreement— about industrial matters relating to— an employer; and a group of employees of the employer, whether all employees or a category of employees; and the employee organisations covered by the agreement; and An employee organisation is a body that is registered as an organisation under chapter 12 —see schedule 5 , definition organisation . that has been certified under part 5 .\n(sec.164-ssec.2) A certified agreement covers all employees in the group, even employees who were employed after the agreement was made.\n- (a) about industrial matters relating to— (i) an employer; and (ii) a group of employees of the employer, whether all employees or a category of employees; and (iii) the employee organisations covered by the agreement; and Note— An employee organisation is a body that is registered as an organisation under chapter 12 —see schedule 5 , definition organisation .\n- (i) an employer; and\n- (ii) a group of employees of the employer, whether all employees or a category of employees; and\n- (iii) the employee organisations covered by the agreement; and Note— An employee organisation is a body that is registered as an organisation under chapter 12 —see schedule 5 , definition organisation .\n- (b) that has been certified under part 5 .\n- (i) an employer; and\n- (ii) a group of employees of the employer, whether all employees or a category of employees; and\n- (iii) the employee organisations covered by the agreement; and Note— An employee organisation is a body that is registered as an organisation under chapter 12 —see schedule 5 , definition organisation .","sortOrder":204},{"sectionNumber":"sec.165","sectionType":"section","heading":"Who may make certified agreements","content":"### sec.165 Who may make certified agreements\n\nA certified agreement may be made between—\nan employer; and\neither—\n1 or more employee organisations that represent, or are entitled to represent, any employees of the employer who are, or are eligible to be, members of the organisation; or\nif subparagraph (i) does not apply, the employees of the employer at the time the agreement is made.\n(sec.165-ssec) A certified agreement may be made between— an employer; and either— 1 or more employee organisations that represent, or are entitled to represent, any employees of the employer who are, or are eligible to be, members of the organisation; or if subparagraph (i) does not apply, the employees of the employer at the time the agreement is made.\n- (a) an employer; and\n- (b) either— (i) 1 or more employee organisations that represent, or are entitled to represent, any employees of the employer who are, or are eligible to be, members of the organisation; or (ii) if subparagraph (i) does not apply, the employees of the employer at the time the agreement is made.\n- (i) 1 or more employee organisations that represent, or are entitled to represent, any employees of the employer who are, or are eligible to be, members of the organisation; or\n- (ii) if subparagraph (i) does not apply, the employees of the employer at the time the agreement is made.\n- (i) 1 or more employee organisations that represent, or are entitled to represent, any employees of the employer who are, or are eligible to be, members of the organisation; or\n- (ii) if subparagraph (i) does not apply, the employees of the employer at the time the agreement is made.","sortOrder":205},{"sectionNumber":"sec.166","sectionType":"section","heading":"What is a bargaining award","content":"### sec.166 What is a bargaining award\n\nA bargaining award is an award made under part 5 that covers the following persons stated in the bargaining award—\nan employer;\na group of employees of the employer, whether all employees or a category of employees;\nan employee organisation that represents, or is entitled to represent, any employees—\nwho are, or are entitled to be, members of the organisation; and\nwho are covered by the bargaining award.\n- (a) an employer;\n- (b) a group of employees of the employer, whether all employees or a category of employees;\n- (c) an employee organisation that represents, or is entitled to represent, any employees— (i) who are, or are entitled to be, members of the organisation; and (ii) who are covered by the bargaining award.\n- (i) who are, or are entitled to be, members of the organisation; and\n- (ii) who are covered by the bargaining award.\n- (i) who are, or are entitled to be, members of the organisation; and\n- (ii) who are covered by the bargaining award.","sortOrder":206},{"sectionNumber":"sec.167","sectionType":"section","heading":"Requirements for making bargaining awards","content":"### sec.167 Requirements for making bargaining awards\n\nA bargaining award may be made only if—\nall of the parties who will be covered by the bargaining award consent to the making of the bargaining award; and\nimmediately before the bargaining award is made, an award is in effect under which the only employers and employees covered are the employers and employees who will be covered by the bargaining award.\n- (a) all of the parties who will be covered by the bargaining award consent to the making of the bargaining award; and\n- (b) immediately before the bargaining award is made, an award is in effect under which the only employers and employees covered are the employers and employees who will be covered by the bargaining award.","sortOrder":207},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Other definitions","content":"## Other definitions","sortOrder":208},{"sectionNumber":"sec.168","sectionType":"section","heading":"Definitions for chapter","content":"### sec.168 Definitions for chapter\n\nIn this chapter—\napplies to , for a bargaining instrument, see section 220 .\narbitration determination means a determination made under part 3 , division 2 .\nbargaining award see section 166 .\nbargaining instrument means—\na certified agreement; or\na bargaining award.\ncertified agreement see section 164 .\ncovers , for a bargaining instrument, see section 221 .\ndesignated award , for a person to whom a certified agreement will apply, means an award the commission has decided under section 213 is appropriate for deciding whether the agreement passes the no-disadvantage test under part 5 , division 3 .\nemployer includes—\na multi-employer; and\nfor a project—an employer organisation for whom the agreement is made.\ngroup of employees includes—\nemployees of a single employer; and\nemployees of a multi-employer; and\nemployees of an employer who are engaged in a project, including a proposed project; and\nemployees proposed to be employed in a new business by an employer, other than a multi-employer.\nmulti-employer means 2 or more employers who are associated because they—\nare related bodies corporate within the meaning of the Corporations Act ; or\nare engaged in a joint venture or common enterprise; or\nundertake similar work.\nmulti-employer agreement means a certified agreement made with a multi-employer.\nnegotiating party means—\na person who is negotiating under this chapter; or\na person who has received a notice of intention under section 169 and refuses to negotiate, other than a person in relation to whom section 170 applies.\npart 5 application see section 191 .\nparty , in relation to a bargaining instrument or proposed bargaining instrument, means a person or organisation that is or will be covered by the instrument.\npeace obligation period see section 174 (2) .\nproject includes construction.\nproject agreement means a certified agreement for a project or proposed project.\nproposed bargaining instrument —\nin relation to a part 5 application, means the agreement or proposed bargaining award that is the subject of the application; or\ngenerally, means a proposed agreement or bargaining award being negotiated under this chapter.\nprotected industrial action , for part 8 , see section 233 (1) .\nrelevant award —\nin relation to a person to whom a certified agreement will apply, means a modern award or bargaining award—\nregulating any employment condition of persons engaged in the same kind of work as the work performed by persons covered by the agreement; and\nthat, immediately before the day the agreement was certified, covers the person’s employer; or\nin relation to a person who will be covered by a proposed bargaining award, means a modern award or bargaining award that, immediately before the proposed bargaining award is made, covers only the persons who will be covered by the proposed bargaining award.\nrelevant employee , for a bargaining instrument, means an employee who will be covered by the instrument.\nrelevant employee organisation , in relation to a bargaining instrument or proposed bargaining instrument, means—\nif a modern award or bargaining award covers an employer under the bargaining instrument or proposed bargaining instrument, or would cover the employer apart from an award under the Commonwealth Fair Work Act —an employee organisation that is covered by the award; or\nif paragraph (a) does not apply—an employee organisation that is entitled to represent the industrial interests of employees of the employer.\nscope order see section 184 (1) .\n- (a) a certified agreement; or\n- (b) a bargaining award.\n- (a) a multi-employer; and\n- (b) for a project—an employer organisation for whom the agreement is made.\n- (a) employees of a single employer; and\n- (b) employees of a multi-employer; and\n- (c) employees of an employer who are engaged in a project, including a proposed project; and\n- (d) employees proposed to be employed in a new business by an employer, other than a multi-employer.\n- (a) are related bodies corporate within the meaning of the Corporations Act ; or\n- (b) are engaged in a joint venture or common enterprise; or\n- (c) undertake similar work.\n- (a) a person who is negotiating under this chapter; or\n- (b) a person who has received a notice of intention under section 169 and refuses to negotiate, other than a person in relation to whom section 170 applies.\n- (a) in relation to a part 5 application, means the agreement or proposed bargaining award that is the subject of the application; or\n- (b) generally, means a proposed agreement or bargaining award being negotiated under this chapter.\n- (a) in relation to a person to whom a certified agreement will apply, means a modern award or bargaining award— (i) regulating any employment condition of persons engaged in the same kind of work as the work performed by persons covered by the agreement; and (ii) that, immediately before the day the agreement was certified, covers the person’s employer; or\n- (i) regulating any employment condition of persons engaged in the same kind of work as the work performed by persons covered by the agreement; and\n- (ii) that, immediately before the day the agreement was certified, covers the person’s employer; or\n- (b) in relation to a person who will be covered by a proposed bargaining award, means a modern award or bargaining award that, immediately before the proposed bargaining award is made, covers only the persons who will be covered by the proposed bargaining award.\n- (i) regulating any employment condition of persons engaged in the same kind of work as the work performed by persons covered by the agreement; and\n- (ii) that, immediately before the day the agreement was certified, covers the person’s employer; or\n- (a) if a modern award or bargaining award covers an employer under the bargaining instrument or proposed bargaining instrument, or would cover the employer apart from an award under the Commonwealth Fair Work Act —an employee organisation that is covered by the award; or\n- (b) if paragraph (a) does not apply—an employee organisation that is entitled to represent the industrial interests of employees of the employer.","sortOrder":209},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Collective bargaining process","content":"# Collective bargaining process","sortOrder":210},{"sectionNumber":"sec.169","sectionType":"section","heading":"Notice of intention to bargain","content":"### sec.169 Notice of intention to bargain\n\nThis section applies if a person (the proposer ) proposes to negotiate with a view to a bargaining instrument being made.\nThe proposer must give each of the following persons a written notice (a notice of intention ) of the proposer’s intention to start negotiating—\nthe other proposed parties to the negotiations;\nif the negotiations relate to a project agreement—all relevant employee organisations and the commission.\nThe proposer must give the notice of intention at least 14 days before the negotiations are proposed to start.\nIf an existing bargaining instrument or arbitration determination applies to the parties, the proposer must not give the notice of intention more than 6 months before the nominal expiry date.\nSubsection (4) applies subject to the provisions of the bargaining instrument.\n(sec.169-ssec.1) This section applies if a person (the proposer ) proposes to negotiate with a view to a bargaining instrument being made.\n(sec.169-ssec.2) The proposer must give each of the following persons a written notice (a notice of intention ) of the proposer’s intention to start negotiating— the other proposed parties to the negotiations; if the negotiations relate to a project agreement—all relevant employee organisations and the commission.\n(sec.169-ssec.3) The proposer must give the notice of intention at least 14 days before the negotiations are proposed to start.\n(sec.169-ssec.4) If an existing bargaining instrument or arbitration determination applies to the parties, the proposer must not give the notice of intention more than 6 months before the nominal expiry date.\n(sec.169-ssec.5) Subsection (4) applies subject to the provisions of the bargaining instrument.\n- (a) the other proposed parties to the negotiations;\n- (b) if the negotiations relate to a project agreement—all relevant employee organisations and the commission.","sortOrder":211},{"sectionNumber":"sec.170","sectionType":"section","heading":"Notice of intention to be party to bargaining","content":"### sec.170 Notice of intention to be party to bargaining\n\nThis section applies if—\na proposer gives a notice of intention; and\nthe negotiations—\nrelate to a project agreement; or\ninvolve a multi-employer agreement; and\na person who receives the notice of intention wants to be a party to the negotiations; and\nfor negotiations relating to a project—the person mentioned in paragraph (c) is an organisation.\nThe person must give written notice of the person’s intention to be a party to the negotiations to—\nthe proposer; and\nthe commission.\nA notice under subsection (2) must be given within 21 days after the person receives the notice of intention.\nAn agreement, or application under part 5 for the making of a bargaining award, may only be made within the period mentioned in subsection (3) if the other proposed parties to the negotiations, and all relevant employee organisations, have given a notice under subsection (2) .\n(sec.170-ssec.1) This section applies if— a proposer gives a notice of intention; and the negotiations— relate to a project agreement; or involve a multi-employer agreement; and a person who receives the notice of intention wants to be a party to the negotiations; and for negotiations relating to a project—the person mentioned in paragraph (c) is an organisation.\n(sec.170-ssec.2) The person must give written notice of the person’s intention to be a party to the negotiations to— the proposer; and the commission.\n(sec.170-ssec.3) A notice under subsection (2) must be given within 21 days after the person receives the notice of intention.\n(sec.170-ssec.4) An agreement, or application under part 5 for the making of a bargaining award, may only be made within the period mentioned in subsection (3) if the other proposed parties to the negotiations, and all relevant employee organisations, have given a notice under subsection (2) .\n- (a) a proposer gives a notice of intention; and\n- (b) the negotiations— (i) relate to a project agreement; or (ii) involve a multi-employer agreement; and\n- (i) relate to a project agreement; or\n- (ii) involve a multi-employer agreement; and\n- (c) a person who receives the notice of intention wants to be a party to the negotiations; and\n- (d) for negotiations relating to a project—the person mentioned in paragraph (c) is an organisation.\n- (i) relate to a project agreement; or\n- (ii) involve a multi-employer agreement; and\n- (a) the proposer; and\n- (b) the commission.","sortOrder":212},{"sectionNumber":"sec.171","sectionType":"section","heading":"Proposed bargaining instrument to be given to employees for approval","content":"### sec.171 Proposed bargaining instrument to be given to employees for approval\n\nThis section applies if, during negotiations under this chapter, the negotiating parties propose to—\nmake a certified agreement, other than an excluded instrument; or\nseek the making of a bargaining award.\nThe employer must take reasonable steps to ensure—\neach relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and\nthe terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and\nfor an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement.\nSee section 242 in relation to certificates about requested representation.\nThe employer must not ask relevant employees to approve the proposed instrument until 21 days after the later of the following—\nthe day the notice of intention for the negotiations was given;\nthe day a scope order in relation to the proposed instrument came into effect.\nIf a relevant employee asks a relevant employee organisation of which the employee is a member to represent the employee, the employer must give the organisation a reasonable opportunity to represent the employee in negotiating with the employer about the proposed instrument before—\nfor a proposed agreement—the agreement is made; or\nfor a proposed bargaining award—an application is made under part 5 for the making of the bargaining award.\nSubsection (4) stops applying if, after the request is made—\nthe relevant employee withdraws the request; or\nthe employee stops being a relevant employee.\nIf the proposed instrument is amended for any reason, the steps in subsections (2) and (3) must be taken again for the instrument as amended.\nIf the proposed instrument is amended only by adding an employer (a new employer ) as a party, the steps need only be taken in relation to the new employer’s employees.\nHowever, the steps need not be taken if the commission is satisfied the proposed bargaining instrument was amended only—\nfor a formal or clerical reason; or\nin another way that does not adversely affect a relevant employee’s interests.\nIn this section—\nexcluded instrument means—\na certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or\na project agreement to be made before the project commences.\n(sec.171-ssec.1) This section applies if, during negotiations under this chapter, the negotiating parties propose to— make a certified agreement, other than an excluded instrument; or seek the making of a bargaining award.\n(sec.171-ssec.2) The employer must take reasonable steps to ensure— each relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and the terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and for an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement. See section 242 in relation to certificates about requested representation.\n(sec.171-ssec.3) The employer must not ask relevant employees to approve the proposed instrument until 21 days after the later of the following— the day the notice of intention for the negotiations was given; the day a scope order in relation to the proposed instrument came into effect.\n(sec.171-ssec.4) If a relevant employee asks a relevant employee organisation of which the employee is a member to represent the employee, the employer must give the organisation a reasonable opportunity to represent the employee in negotiating with the employer about the proposed instrument before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under part 5 for the making of the bargaining award.\n(sec.171-ssec.5) Subsection (4) stops applying if, after the request is made— the relevant employee withdraws the request; or the employee stops being a relevant employee.\n(sec.171-ssec.6) If the proposed instrument is amended for any reason, the steps in subsections (2) and (3) must be taken again for the instrument as amended.\n(sec.171-ssec.7) If the proposed instrument is amended only by adding an employer (a new employer ) as a party, the steps need only be taken in relation to the new employer’s employees.\n(sec.171-ssec.8) However, the steps need not be taken if the commission is satisfied the proposed bargaining instrument was amended only— for a formal or clerical reason; or in another way that does not adversely affect a relevant employee’s interests.\n(sec.171-ssec.9) In this section— excluded instrument means— a certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or a project agreement to be made before the project commences.\n- (a) make a certified agreement, other than an excluded instrument; or\n- (b) seek the making of a bargaining award.\n- (a) each relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and\n- (b) the terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and\n- (c) for an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement.\n- (a) the day the notice of intention for the negotiations was given;\n- (b) the day a scope order in relation to the proposed instrument came into effect.\n- (a) for a proposed agreement—the agreement is made; or\n- (b) for a proposed bargaining award—an application is made under part 5 for the making of the bargaining award.\n- (a) the relevant employee withdraws the request; or\n- (b) the employee stops being a relevant employee.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect a relevant employee’s interests.\n- (a) a certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or\n- (b) a project agreement to be made before the project commences.","sortOrder":213},{"sectionNumber":"sec.172","sectionType":"section","heading":"Negotiations relating to projects","content":"### sec.172 Negotiations relating to projects\n\nThis section applies if 2 or more employee organisations have given notice, under section 170 (2) , that the organisations want to be party to negotiations relating to a project or proposed project.\nThe employer must negotiate with the single bargaining unit, through a person nominated by the single bargaining unit to represent the unit.\nAn organisation may withdraw as a party to the negotiations by giving written notice to—\nthe other organisations that comprise the single bargaining unit; and\nthe proposer; and\nthe commission.\nIn this section—\nsingle bargaining unit means all employee organisations that have given notice, under section 170 (2) , that they want to be party to the negotiations.\n(sec.172-ssec.1) This section applies if 2 or more employee organisations have given notice, under section 170 (2) , that the organisations want to be party to negotiations relating to a project or proposed project.\n(sec.172-ssec.2) The employer must negotiate with the single bargaining unit, through a person nominated by the single bargaining unit to represent the unit.\n(sec.172-ssec.3) An organisation may withdraw as a party to the negotiations by giving written notice to— the other organisations that comprise the single bargaining unit; and the proposer; and the commission.\n(sec.172-ssec.4) In this section— single bargaining unit means all employee organisations that have given notice, under section 170 (2) , that they want to be party to the negotiations.\n- (a) the other organisations that comprise the single bargaining unit; and\n- (b) the proposer; and\n- (c) the commission.","sortOrder":214},{"sectionNumber":"sec.173","sectionType":"section","heading":"Parties must negotiate in good faith","content":"### sec.173 Parties must negotiate in good faith\n\nThe negotiating parties must negotiate in good faith.\nWithout limiting subsection (1) , each party must do the following things—\nattend and participate in bargaining meetings;\ndisclose relevant information, other than confidential or commercially sensitive information, in a timely way;\ngenuinely consider proposals made by other parties and—\nrespond in a timely way; and\ngive reasons for the party’s response;\nnot engage in capricious or unfair conduct that undermines freedom of association or the collective bargaining process.\nWithout limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of negotiations, information relevant to the gender pay gap under the proposed instrument, including—\nthe distribution of the employees by gender; and\ndetails of the gender pay gap; and\nany major factors identified as contributing to the gender pay gap; and\nif appropriate, the projected effect of the proposed instrument on the gender pay gap; and\nother information relevant to the gender pay gap reasonably requested by another party to the negotiations; and\nother information relevant to the gender pay gap prescribed by regulation.\nFor subsection (3) , the gender pay gap under the proposed instrument is the difference between the average weekly full-time equivalent earnings of male employees and female employees covered by the proposed instrument.\nSubject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the bargaining process.\ns 173 amd 2022 No. 27 s 26\n(sec.173-ssec.1) The negotiating parties must negotiate in good faith.\n(sec.173-ssec.2) Without limiting subsection (1) , each party must do the following things— attend and participate in bargaining meetings; disclose relevant information, other than confidential or commercially sensitive information, in a timely way; genuinely consider proposals made by other parties and— respond in a timely way; and give reasons for the party’s response; not engage in capricious or unfair conduct that undermines freedom of association or the collective bargaining process.\n(sec.173-ssec.3) Without limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of negotiations, information relevant to the gender pay gap under the proposed instrument, including— the distribution of the employees by gender; and details of the gender pay gap; and any major factors identified as contributing to the gender pay gap; and if appropriate, the projected effect of the proposed instrument on the gender pay gap; and other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and other information relevant to the gender pay gap prescribed by regulation.\n(sec.173-ssec.4) For subsection (3) , the gender pay gap under the proposed instrument is the difference between the average weekly full-time equivalent earnings of male employees and female employees covered by the proposed instrument.\n(sec.173-ssec.5) Subject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the bargaining process.\n- (a) attend and participate in bargaining meetings;\n- (b) disclose relevant information, other than confidential or commercially sensitive information, in a timely way;\n- (c) genuinely consider proposals made by other parties and— (i) respond in a timely way; and (ii) give reasons for the party’s response;\n- (i) respond in a timely way; and\n- (ii) give reasons for the party’s response;\n- (d) not engage in capricious or unfair conduct that undermines freedom of association or the collective bargaining process.\n- (i) respond in a timely way; and\n- (ii) give reasons for the party’s response;\n- (a) the distribution of the employees by gender; and\n- (b) details of the gender pay gap; and\n- (c) any major factors identified as contributing to the gender pay gap; and\n- (d) if appropriate, the projected effect of the proposed instrument on the gender pay gap; and\n- (e) other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and\n- (f) other information relevant to the gender pay gap prescribed by regulation.","sortOrder":215},{"sectionNumber":"sec.174","sectionType":"section","heading":"Peace obligation period to assist negotiations","content":"### sec.174 Peace obligation period to assist negotiations\n\nTo enable negotiating parties to reach agreement about the matters that are the subject of the negotiations, during the peace obligation period the parties can not—\ntake industrial action for the purpose of—\nsupporting or advancing claims made in the course of the negotiations; or\nresponding to industrial action by the employer or the relevant employees; or\nask the commission to help the parties to reach agreement under part 3 , division 1 .\nIn this section—\npeace obligation period means the period—\nstarting on the later of the following days—\nthe day the notice of intention for the negotiations is given;\nthe day a scope order for a proposed bargaining instrument comes into operation; and\nending on the later of the following days—\nthe nominal expiry date of any existing bargaining instrument;\n21 days after the period started.\n(sec.174-ssec.1) To enable negotiating parties to reach agreement about the matters that are the subject of the negotiations, during the peace obligation period the parties can not— take industrial action for the purpose of— supporting or advancing claims made in the course of the negotiations; or responding to industrial action by the employer or the relevant employees; or ask the commission to help the parties to reach agreement under part 3 , division 1 .\n(sec.174-ssec.2) In this section— peace obligation period means the period— starting on the later of the following days— the day the notice of intention for the negotiations is given; the day a scope order for a proposed bargaining instrument comes into operation; and ending on the later of the following days— the nominal expiry date of any existing bargaining instrument; 21 days after the period started.\n- (a) take industrial action for the purpose of— (i) supporting or advancing claims made in the course of the negotiations; or (ii) responding to industrial action by the employer or the relevant employees; or\n- (i) supporting or advancing claims made in the course of the negotiations; or\n- (ii) responding to industrial action by the employer or the relevant employees; or\n- (b) ask the commission to help the parties to reach agreement under part 3 , division 1 .\n- (i) supporting or advancing claims made in the course of the negotiations; or\n- (ii) responding to industrial action by the employer or the relevant employees; or\n- (a) starting on the later of the following days— (i) the day the notice of intention for the negotiations is given; (ii) the day a scope order for a proposed bargaining instrument comes into operation; and\n- (i) the day the notice of intention for the negotiations is given;\n- (ii) the day a scope order for a proposed bargaining instrument comes into operation; and\n- (b) ending on the later of the following days— (i) the nominal expiry date of any existing bargaining instrument; (ii) 21 days after the period started.\n- (i) the nominal expiry date of any existing bargaining instrument;\n- (ii) 21 days after the period started.\n- (i) the day the notice of intention for the negotiations is given;\n- (ii) the day a scope order for a proposed bargaining instrument comes into operation; and\n- (i) the nominal expiry date of any existing bargaining instrument;\n- (ii) 21 days after the period started.","sortOrder":216},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Conciliation and arbitration by commission","content":"# Conciliation and arbitration by commission","sortOrder":217},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Conciliation","content":"## Conciliation","sortOrder":218},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application of division","content":"### sec.175 Application of division\n\nThis division applies if—\nthe peace obligation period has ended; and\na negotiating party asks the commission to help the parties reach agreement.\nHowever, this division stops applying if the negotiating parties notify the commission that the parties intend to resume negotiating without the commission’s help.\n(sec.175-ssec.1) This division applies if— the peace obligation period has ended; and a negotiating party asks the commission to help the parties reach agreement.\n(sec.175-ssec.2) However, this division stops applying if the negotiating parties notify the commission that the parties intend to resume negotiating without the commission’s help.\n- (a) the peace obligation period has ended; and\n- (b) a negotiating party asks the commission to help the parties reach agreement.","sortOrder":219},{"sectionNumber":"sec.176","sectionType":"section","heading":"Commission’s role in conciliation","content":"### sec.176 Commission’s role in conciliation\n\nThe commission’s objective in conciliating the matter under this division is to help the negotiating parties—\nreach agreement on all matters or as many matters as possible; and\ncomply with the requirement under section 173 to negotiate in good faith.\nTo achieve the objective, the commission may—\ngive advice or make recommendations to the parties about the conduct of the negotiations; or\ngive directions about action to be taken, or not to be taken, to ensure a party complies with the requirement mentioned in subsection (1) (b) ; or\nif the commission considers that holding a conference is desirable—by attendance notice, require a person to attend a conference at a stated time and place.\nA person given an attendance notice must comply with the notice.\nThis subsection is a civil penalty provision.\nTo remove any doubt, it is declared that the commission may suspend or terminate protected industrial action taken during conciliation only under part 8 , division 4 .\nThings said or done in the conciliation may not be admitted into evidence for any proceeding or otherwise disclosed.\n(sec.176-ssec.1) The commission’s objective in conciliating the matter under this division is to help the negotiating parties— reach agreement on all matters or as many matters as possible; and comply with the requirement under section 173 to negotiate in good faith.\n(sec.176-ssec.2) To achieve the objective, the commission may— give advice or make recommendations to the parties about the conduct of the negotiations; or give directions about action to be taken, or not to be taken, to ensure a party complies with the requirement mentioned in subsection (1) (b) ; or if the commission considers that holding a conference is desirable—by attendance notice, require a person to attend a conference at a stated time and place.\n(sec.176-ssec.3) A person given an attendance notice must comply with the notice. This subsection is a civil penalty provision.\n(sec.176-ssec.4) To remove any doubt, it is declared that the commission may suspend or terminate protected industrial action taken during conciliation only under part 8 , division 4 .\n(sec.176-ssec.5) Things said or done in the conciliation may not be admitted into evidence for any proceeding or otherwise disclosed.\n- (a) reach agreement on all matters or as many matters as possible; and\n- (b) comply with the requirement under section 173 to negotiate in good faith.\n- (a) give advice or make recommendations to the parties about the conduct of the negotiations; or\n- (b) give directions about action to be taken, or not to be taken, to ensure a party complies with the requirement mentioned in subsection (1) (b) ; or\n- (c) if the commission considers that holding a conference is desirable—by attendance notice, require a person to attend a conference at a stated time and place.","sortOrder":220},{"sectionNumber":"sec.177","sectionType":"section","heading":"Referral to arbitration by conciliating member","content":"### sec.177 Referral to arbitration by conciliating member\n\nThis section applies if—\nthe commissioner conciliating the matter (the conciliating member ) considers—\na negotiating party has tried to negotiate with the other parties; or\nif the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and\nthe conciliating member—\nis satisfied the negotiating parties have been negotiating for at least the minimum period; and\ndoes not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.\nThe conciliating member may refer the matter to arbitration by giving written notice of the referral to the president and each negotiating party.\nThe notice of the referral must not include any information other than—\nthe names of the negotiating parties; and\na statement that conciliation has not been successful and the matter is referred to arbitration.\nIn this section—\nminimum period means the later of the following periods to end—\n6 months from the nominal expiry date of a certified agreement or bargaining award that applies to the parties;\n3 months from the day conciliation of the matter started.\n(sec.177-ssec.1) This section applies if— the commissioner conciliating the matter (the conciliating member ) considers— a negotiating party has tried to negotiate with the other parties; or if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and the conciliating member— is satisfied the negotiating parties have been negotiating for at least the minimum period; and does not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.\n(sec.177-ssec.2) The conciliating member may refer the matter to arbitration by giving written notice of the referral to the president and each negotiating party.\n(sec.177-ssec.3) The notice of the referral must not include any information other than— the names of the negotiating parties; and a statement that conciliation has not been successful and the matter is referred to arbitration.\n(sec.177-ssec.4) In this section— minimum period means the later of the following periods to end— 6 months from the nominal expiry date of a certified agreement or bargaining award that applies to the parties; 3 months from the day conciliation of the matter started.\n- (a) the commissioner conciliating the matter (the conciliating member ) considers— (i) a negotiating party has tried to negotiate with the other parties; or (ii) if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and\n- (i) a negotiating party has tried to negotiate with the other parties; or\n- (ii) if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and\n- (b) the conciliating member— (i) is satisfied the negotiating parties have been negotiating for at least the minimum period; and (ii) does not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.\n- (i) is satisfied the negotiating parties have been negotiating for at least the minimum period; and\n- (ii) does not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.\n- (i) a negotiating party has tried to negotiate with the other parties; or\n- (ii) if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and\n- (i) is satisfied the negotiating parties have been negotiating for at least the minimum period; and\n- (ii) does not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.\n- (a) the names of the negotiating parties; and\n- (b) a statement that conciliation has not been successful and the matter is referred to arbitration.\n- (a) 6 months from the nominal expiry date of a certified agreement or bargaining award that applies to the parties;\n- (b) 3 months from the day conciliation of the matter started.","sortOrder":221},{"sectionNumber":"sec.178","sectionType":"section","heading":"Consent application for arbitration","content":"### sec.178 Consent application for arbitration\n\nAll of the negotiating parties may apply to the commission for arbitration of the matter.\nThe application must state—\nwhether the negotiating parties agree on the aspects of the matter that are at issue between the parties; and\nif the parties agree—the aspects of the matter that are at issue between the parties; and\nif the parties agree—the full bench may refer arbitration of the matter to a commissioner sitting alone.\nThe commission must consider the application and decide to grant or refuse to grant the application.\nThe commission may grant the application only if satisfied—\na negotiating party has tried to negotiate with the other parties; or\nif the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties.\nThe commission may make the interlocutory orders, or other orders, it considers appropriate, including, for example, an order requiring the negotiating parties to undertake—\nfurther negotiation with a view to reducing the scope of the matters to be arbitrated; or\nfurther conciliation.\nto reduce the scope of the matters at issue\nfailure of a negotiating party to bargain in good faith as required under section 173\nfailure of a negotiating party to bargain as required under an agreement made by the negotiating parties under section 173 (5)\ns 178 amd 2022 No. 27 ss 27 , 3 sch 1\n(sec.178-ssec.1) All of the negotiating parties may apply to the commission for arbitration of the matter.\n(sec.178-ssec.2) The application must state— whether the negotiating parties agree on the aspects of the matter that are at issue between the parties; and if the parties agree—the aspects of the matter that are at issue between the parties; and if the parties agree—the full bench may refer arbitration of the matter to a commissioner sitting alone.\n(sec.178-ssec.3) The commission must consider the application and decide to grant or refuse to grant the application.\n(sec.178-ssec.4) The commission may grant the application only if satisfied— a negotiating party has tried to negotiate with the other parties; or if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties.\n(sec.178-ssec.5) The commission may make the interlocutory orders, or other orders, it considers appropriate, including, for example, an order requiring the negotiating parties to undertake— further negotiation with a view to reducing the scope of the matters to be arbitrated; or further conciliation. to reduce the scope of the matters at issue failure of a negotiating party to bargain in good faith as required under section 173 failure of a negotiating party to bargain as required under an agreement made by the negotiating parties under section 173 (5)\n- (a) whether the negotiating parties agree on the aspects of the matter that are at issue between the parties; and\n- (b) if the parties agree—the aspects of the matter that are at issue between the parties; and\n- (c) if the parties agree—the full bench may refer arbitration of the matter to a commissioner sitting alone.\n- (a) a negotiating party has tried to negotiate with the other parties; or\n- (b) if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties.\n- (a) further negotiation with a view to reducing the scope of the matters to be arbitrated; or\n- (b) further conciliation.\n- • to reduce the scope of the matters at issue\n- • failure of a negotiating party to bargain in good faith as required under section 173\n- • failure of a negotiating party to bargain as required under an agreement made by the negotiating parties under section 173 (5)","sortOrder":222},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Arbitration","content":"## Arbitration","sortOrder":223},{"sectionNumber":"sec.179","sectionType":"section","heading":"Application of division","content":"### sec.179 Application of division\n\nThis division applies if—\nthe matter is referred to arbitration by the conciliating member under section 177 ; or\nan application for arbitration of the matter made under section 178 is granted by the commission.\nIndustrial action organised, or engaged in, while the commission is arbitrating the matter under this division is not protected industrial action—see section 234 .\ns 179 amd 2022 No. 27 s 3 sch 1\n- (a) the matter is referred to arbitration by the conciliating member under section 177 ; or\n- (b) an application for arbitration of the matter made under section 178 is granted by the commission.","sortOrder":224},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Constitution of commission for arbitration proceedings","content":"### sec.179A Constitution of commission for arbitration proceedings\n\nThe full bench must arbitrate the matter.\nHowever, the full bench may, with the consent of all of the negotiating parties, refer arbitration of the matter to a commissioner sitting alone.\ns 179A ins 2022 No. 27 s 28\n(sec.179A-ssec.1) The full bench must arbitrate the matter.\n(sec.179A-ssec.2) However, the full bench may, with the consent of all of the negotiating parties, refer arbitration of the matter to a commissioner sitting alone.","sortOrder":225},{"sectionNumber":"sec.180","sectionType":"section","heading":"Commission to arbitrate disputed matters","content":"### sec.180 Commission to arbitrate disputed matters\n\nThe commission must determine the matters in dispute by arbitration.\nTo determine the matters in dispute, the commission—\nmay give directions or make orders of an interlocutory nature; and\nwithout limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and\nmay make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters.\nA negotiating party may not be represented by a lawyer in the proceeding before the commission—see section 530 (2) .\nThe commission must ensure an arbitration determination—\nincludes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and\nincludes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.\nIn determining the matters in dispute, the commission must consider at least the following—\nthe merits of the case;\nthe likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.\ns 180 amd 2022 No. 27 s 3 sch 1\n(sec.180-ssec.1) The commission must determine the matters in dispute by arbitration.\n(sec.180-ssec.2) To determine the matters in dispute, the commission— may give directions or make orders of an interlocutory nature; and without limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and may make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters. A negotiating party may not be represented by a lawyer in the proceeding before the commission—see section 530 (2) .\n(sec.180-ssec.3) The commission must ensure an arbitration determination— includes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and includes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.\n(sec.180-ssec.4) In determining the matters in dispute, the commission must consider at least the following— the merits of the case; the likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.\n- (a) may give directions or make orders of an interlocutory nature; and\n- (b) without limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and\n- (c) may make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters.\n- (a) includes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and\n- (b) includes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.\n- (a) the merits of the case;\n- (b) the likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.","sortOrder":226},{"sectionNumber":"sec.181","sectionType":"section","heading":"Arbitration determination may include agreed matters","content":"### sec.181 Arbitration determination may include agreed matters\n\nAn arbitration determination by the commission may include provision for a matter agreed between the negotiating parties before or during the arbitration.\nHowever, the commission may not exercise any powers under this division in relation to a matter mentioned in subsection (1) .\ns 181 amd 2022 No. 27 s 3 sch 1\n(sec.181-ssec.1) An arbitration determination by the commission may include provision for a matter agreed between the negotiating parties before or during the arbitration.\n(sec.181-ssec.2) However, the commission may not exercise any powers under this division in relation to a matter mentioned in subsection (1) .","sortOrder":227},{"sectionNumber":"sec.182","sectionType":"section","heading":"Commission must publish reasons","content":"### sec.182 Commission must publish reasons\n\nThe commission must publish its reasons when determining the disputed matters under this division.\nThe reasons must address each of the things the commission considered under section 180 (4) .\ns 182 amd 2022 No. 27 s 3 sch 1\n(sec.182-ssec.1) The commission must publish its reasons when determining the disputed matters under this division.\n(sec.182-ssec.2) The reasons must address each of the things the commission considered under section 180 (4) .","sortOrder":228},{"sectionNumber":"sec.183","sectionType":"section","heading":"Operation of arbitration determinations","content":"### sec.183 Operation of arbitration determinations\n\nAn arbitration determination must state, as its nominal expiry date, a date that is—\nagreed by the negotiating parties or, if the parties can not agree, ordered by the commission; but\nno later than 4 years after the date on which the determination is made.\nThe arbitration determination has effect subject to any conditions stated in the determination.\nThe arbitration determination operates until it is terminated under part 7 , division 3 .\nWhile the arbitration determination operates, the determination—\nprevails, to the extent of any inconsistency, over an award or an order made under section 136 ; and\ncan not be amended.\ns 183 amd 2022 No. 27 s 3 sch 1\n(sec.183-ssec.1) An arbitration determination must state, as its nominal expiry date, a date that is— agreed by the negotiating parties or, if the parties can not agree, ordered by the commission; but no later than 4 years after the date on which the determination is made.\n(sec.183-ssec.2) The arbitration determination has effect subject to any conditions stated in the determination.\n(sec.183-ssec.3) The arbitration determination operates until it is terminated under part 7 , division 3 .\n(sec.183-ssec.4) While the arbitration determination operates, the determination— prevails, to the extent of any inconsistency, over an award or an order made under section 136 ; and can not be amended.\n- (a) agreed by the negotiating parties or, if the parties can not agree, ordered by the commission; but\n- (b) no later than 4 years after the date on which the determination is made.\n- (a) prevails, to the extent of any inconsistency, over an award or an order made under section 136 ; and\n- (b) can not be amended.","sortOrder":229},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Scope orders","content":"# Scope orders","sortOrder":230},{"sectionNumber":"sec.184","sectionType":"section","heading":"Applications for scope orders","content":"### sec.184 Applications for scope orders\n\nA negotiating party may apply to the commission for an order under section 185 (a scope order ) in relation to a proposed bargaining instrument if the negotiating party has concerns the instrument—\nwill not cover appropriate employees; or\nwill cover employees whom it is inappropriate for the instrument to cover.\nThe application—\nmay be made any time after the notice of intention for the negotiations has been given; but\nmay not be made after part 3 , division 2 starts applying in relation to the negotiating parties.\n(sec.184-ssec.1) A negotiating party may apply to the commission for an order under section 185 (a scope order ) in relation to a proposed bargaining instrument if the negotiating party has concerns the instrument— will not cover appropriate employees; or will cover employees whom it is inappropriate for the instrument to cover.\n(sec.184-ssec.2) The application— may be made any time after the notice of intention for the negotiations has been given; but may not be made after part 3 , division 2 starts applying in relation to the negotiating parties.\n- (a) will not cover appropriate employees; or\n- (b) will cover employees whom it is inappropriate for the instrument to cover.\n- (a) may be made any time after the notice of intention for the negotiations has been given; but\n- (b) may not be made after part 3 , division 2 starts applying in relation to the negotiating parties.","sortOrder":231},{"sectionNumber":"sec.185","sectionType":"section","heading":"Making scope orders","content":"### sec.185 Making scope orders\n\nThe commission may make an order providing for the matters mentioned in section 186 in relation to a proposed bargaining instrument if satisfied—\nan application for the order has been made under section 184 ; and\nthe negotiating party who made the application has not contravened the requirement to negotiate in good faith under section 173 ; and\nthe group of employees to be covered by the proposed bargaining instrument to be stated in the scope order was fairly chosen; and\nit is reasonable in all the circumstances to make the order.\nFor subsection (1) (c) , if the group of employees does not include all employees of each employer who will be covered by the proposed bargaining instrument, in deciding whether the group was fairly chosen the commission must consider whether the group is geographically, operationally or organisationally distinct.\nThe scope order may relate to more than 1 proposed bargaining instrument.\n(sec.185-ssec.1) The commission may make an order providing for the matters mentioned in section 186 in relation to a proposed bargaining instrument if satisfied— an application for the order has been made under section 184 ; and the negotiating party who made the application has not contravened the requirement to negotiate in good faith under section 173 ; and the group of employees to be covered by the proposed bargaining instrument to be stated in the scope order was fairly chosen; and it is reasonable in all the circumstances to make the order.\n(sec.185-ssec.2) For subsection (1) (c) , if the group of employees does not include all employees of each employer who will be covered by the proposed bargaining instrument, in deciding whether the group was fairly chosen the commission must consider whether the group is geographically, operationally or organisationally distinct.\n(sec.185-ssec.3) The scope order may relate to more than 1 proposed bargaining instrument.\n- (a) an application for the order has been made under section 184 ; and\n- (b) the negotiating party who made the application has not contravened the requirement to negotiate in good faith under section 173 ; and\n- (c) the group of employees to be covered by the proposed bargaining instrument to be stated in the scope order was fairly chosen; and\n- (d) it is reasonable in all the circumstances to make the order.","sortOrder":232},{"sectionNumber":"sec.186","sectionType":"section","heading":"Matters to be stated in scope orders","content":"### sec.186 Matters to be stated in scope orders\n\nA scope order in relation to a proposed bargaining instrument must state—\nthe employer, or employers, to be covered by the instrument; and\nthe employees to be covered by the instrument; and\nthe employee organisations to be parties to the instrument.\n- (a) the employer, or employers, to be covered by the instrument; and\n- (b) the employees to be covered by the instrument; and\n- (c) the employee organisations to be parties to the instrument.","sortOrder":233},{"sectionNumber":"sec.187","sectionType":"section","heading":"Power to make or vary other orders etc.","content":"### sec.187 Power to make or vary other orders etc.\n\nThis section applies if the commission makes a scope order in relation to a proposed bargaining instrument.\nThe commission may take the action it considers appropriate to give effect to the scope order, including, for example—\nmaking other orders, determinations or instruments;\nvarying other orders, determinations or instruments made by the commission;\ntaking any other action.\n(sec.187-ssec.1) This section applies if the commission makes a scope order in relation to a proposed bargaining instrument.\n(sec.187-ssec.2) The commission may take the action it considers appropriate to give effect to the scope order, including, for example— making other orders, determinations or instruments; varying other orders, determinations or instruments made by the commission; taking any other action.\n- (a) making other orders, determinations or instruments;\n- (b) varying other orders, determinations or instruments made by the commission;\n- (c) taking any other action.","sortOrder":234},{"sectionNumber":"sec.188","sectionType":"section","heading":"Duration of scope order","content":"### sec.188 Duration of scope order\n\nA scope order in relation to a proposed bargaining instrument—\ntakes effect on the day the order is made; and\ncontinues in force until the earliest of the following times—\nif the order is revoked by the commission—the time stated in the instrument revoking the order;\nwhen the proposed bargaining instrument is certified or made by the commission under part 5 ;\nwhen an arbitration determination covering the employees stated in the scope order is made;\nwhen the negotiating parties agree the negotiations have ended.\n- (a) takes effect on the day the order is made; and\n- (b) continues in force until the earliest of the following times— (i) if the order is revoked by the commission—the time stated in the instrument revoking the order; (ii) when the proposed bargaining instrument is certified or made by the commission under part 5 ; (iii) when an arbitration determination covering the employees stated in the scope order is made; (iv) when the negotiating parties agree the negotiations have ended.\n- (i) if the order is revoked by the commission—the time stated in the instrument revoking the order;\n- (ii) when the proposed bargaining instrument is certified or made by the commission under part 5 ;\n- (iii) when an arbitration determination covering the employees stated in the scope order is made;\n- (iv) when the negotiating parties agree the negotiations have ended.\n- (i) if the order is revoked by the commission—the time stated in the instrument revoking the order;\n- (ii) when the proposed bargaining instrument is certified or made by the commission under part 5 ;\n- (iii) when an arbitration determination covering the employees stated in the scope order is made;\n- (iv) when the negotiating parties agree the negotiations have ended.","sortOrder":235},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Certifying agreements and making bargaining awards","content":"# Certifying agreements and making bargaining awards","sortOrder":236},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Making and hearing applications","content":"## Making and hearing applications","sortOrder":237},{"sectionNumber":"sec.189","sectionType":"section","heading":"Application for certification of agreement","content":"### sec.189 Application for certification of agreement\n\nAn application for the commission to certify an agreement may be made by a party to the agreement.\nFor an agreement made between a single employer and 1 or more employee organisations, the application may be made even though the agreement has not been signed by or for all of the parties if—\nall the parties have agreed on the terms of the agreement; and\nthe agreement has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\nIf an agreement has been signed by or for all the parties, the application must be made within 21 days after the agreement is signed.\n(sec.189-ssec.1) An application for the commission to certify an agreement may be made by a party to the agreement.\n(sec.189-ssec.2) For an agreement made between a single employer and 1 or more employee organisations, the application may be made even though the agreement has not been signed by or for all of the parties if— all the parties have agreed on the terms of the agreement; and the agreement has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\n(sec.189-ssec.3) If an agreement has been signed by or for all the parties, the application must be made within 21 days after the agreement is signed.\n- (a) all the parties have agreed on the terms of the agreement; and\n- (b) the agreement has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.","sortOrder":238},{"sectionNumber":"sec.190","sectionType":"section","heading":"Application for making of bargaining award","content":"### sec.190 Application for making of bargaining award\n\nThis section applies to an application for the commission to do both of the following—\nmake a bargaining award;\nterminate the relevant modern award.\nThe application may be made by a party to the proposed bargaining award.\nThe application may be made only if—\nall the parties have agreed on the terms of the proposed bargaining award; and\nthe proposed bargaining award has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\n(sec.190-ssec.1) This section applies to an application for the commission to do both of the following— make a bargaining award; terminate the relevant modern award.\n(sec.190-ssec.2) The application may be made by a party to the proposed bargaining award.\n(sec.190-ssec.3) The application may be made only if— all the parties have agreed on the terms of the proposed bargaining award; and the proposed bargaining award has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\n- (a) make a bargaining award;\n- (b) terminate the relevant modern award.\n- (a) all the parties have agreed on the terms of the proposed bargaining award; and\n- (b) the proposed bargaining award has been approved by a valid majority of the relevant employees at the time in a properly conducted ballot.","sortOrder":239},{"sectionNumber":"sec.191","sectionType":"section","heading":"Notice of hearing","content":"### sec.191 Notice of hearing\n\nThe registrar must, at least 7 days before an application under section 189 or 190 (a part 5 application ) will be heard, place a notice in the registry stating details of—\nthe names of the parties to the proposed bargaining instrument; and\nthe relevant award or designated award; and\nthe hearing date.\n- (a) the names of the parties to the proposed bargaining instrument; and\n- (b) the relevant award or designated award; and\n- (c) the hearing date.","sortOrder":240},{"sectionNumber":"sec.192","sectionType":"section","heading":"Entities that may be heard on application","content":"### sec.192 Entities that may be heard on application\n\nAn employee organisation is entitled to be heard on a part 5 application if the organisation will be a party to the proposed bargaining instrument.\nAs soon as practicable after the part 5 application is made, the commission must notify each employee organisation mentioned in subsection (1) that—\nthe application has been made; and\nthe organisation is entitled to be heard on the application.\nAn employee organisation that will not be a party to the proposed bargaining instrument may be heard on the part 5 application only by leave of the commission.\nThe commission may give leave to an employee organisation mentioned in subsection (3) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to the commission’s decision to grant, or refuse to grant, the application.\nThis section does not affect another right of an employee organisation, or any other person, to be heard on, or to intervene in, an application.\n(sec.192-ssec.1) An employee organisation is entitled to be heard on a part 5 application if the organisation will be a party to the proposed bargaining instrument.\n(sec.192-ssec.2) As soon as practicable after the part 5 application is made, the commission must notify each employee organisation mentioned in subsection (1) that— the application has been made; and the organisation is entitled to be heard on the application.\n(sec.192-ssec.3) An employee organisation that will not be a party to the proposed bargaining instrument may be heard on the part 5 application only by leave of the commission.\n(sec.192-ssec.4) The commission may give leave to an employee organisation mentioned in subsection (3) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to the commission’s decision to grant, or refuse to grant, the application.\n(sec.192-ssec.5) This section does not affect another right of an employee organisation, or any other person, to be heard on, or to intervene in, an application.\n- (a) the application has been made; and\n- (b) the organisation is entitled to be heard on the application.","sortOrder":241},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":242},{"sectionNumber":"sec.193","sectionType":"section","heading":"Requirements for commission’s decision","content":"### sec.193 Requirements for commission’s decision\n\nThe commission must grant a part 5 application if—\neach requirement under subdivision 2 is satisfied for the application; and\nthe commission is not required under subdivision 3 to refuse to grant the application.\nIf subsection (1) does not apply, the commission must refuse to grant the application.\nSubsection (2) applies subject to section 194 .\n(sec.193-ssec.1) The commission must grant a part 5 application if— each requirement under subdivision 2 is satisfied for the application; and the commission is not required under subdivision 3 to refuse to grant the application.\n(sec.193-ssec.2) If subsection (1) does not apply, the commission must refuse to grant the application.\n(sec.193-ssec.3) Subsection (2) applies subject to section 194 .\n- (a) each requirement under subdivision 2 is satisfied for the application; and\n- (b) the commission is not required under subdivision 3 to refuse to grant the application.","sortOrder":243},{"sectionNumber":"sec.194","sectionType":"section","heading":"Opportunity to take action before commission refuses to grant application","content":"### sec.194 Opportunity to take action before commission refuses to grant application\n\nBefore refusing to grant a part 5 application, the commission must give the persons who will be covered by the proposed bargaining instrument an opportunity to take action that may be necessary to enable the commission to grant the application.\nThe commission may conciliate the industrial matter concerned with a view to helping the persons concerned to take the action necessary to enable the commission to grant the application.\n(sec.194-ssec.1) Before refusing to grant a part 5 application, the commission must give the persons who will be covered by the proposed bargaining instrument an opportunity to take action that may be necessary to enable the commission to grant the application.\n(sec.194-ssec.2) The commission may conciliate the industrial matter concerned with a view to helping the persons concerned to take the action necessary to enable the commission to grant the application.","sortOrder":244},{"sectionNumber":"sec.195","sectionType":"section","heading":"Compliance with bargaining process requirements","content":"### sec.195 Compliance with bargaining process requirements\n\nThe commission must be satisfied that—\nthe things required by sections 169 , 171 and 172 were done, and, in particular, the terms of the proposed bargaining instrument were explained in a way that was appropriate having regard to the persons’ particular circumstances and needs; and\nthe employer did not coerce, or attempt to coerce, an employee—\nnot to make a request mentioned in section 171 (2) (c) ; or\nto withdraw the request.\n- (a) the things required by sections 169 , 171 and 172 were done, and, in particular, the terms of the proposed bargaining instrument were explained in a way that was appropriate having regard to the persons’ particular circumstances and needs; and\n- (b) the employer did not coerce, or attempt to coerce, an employee— (i) not to make a request mentioned in section 171 (2) (c) ; or (ii) to withdraw the request.\n- (i) not to make a request mentioned in section 171 (2) (c) ; or\n- (ii) to withdraw the request.\n- (i) not to make a request mentioned in section 171 (2) (c) ; or\n- (ii) to withdraw the request.","sortOrder":245},{"sectionNumber":"sec.196","sectionType":"section","heading":"Proposed bargaining instrument to be in writing and signed by parties","content":"### sec.196 Proposed bargaining instrument to be in writing and signed by parties\n\nThe commission must be satisfied the proposed bargaining instrument—\nis in writing; and\nis signed by or for all the parties.\nSubsection (1) (b) does not apply if the commission is satisfied, in the particular circumstances, that—\nalthough the proposed bargaining instrument has not been signed by or for all the parties, all parties have agreed on the terms of the instrument; and\nthe part 5 application was made within a reasonable time after the instrument was approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\nFor subsection (2) , in deciding whether all parties have agreed on the terms of the proposed bargaining instrument, the commission may consider—\nwhether the parties negotiated in good faith as required under section 173 ; and\nany other evidence supporting or not supporting the alleged agreement.\n(sec.196-ssec.1) The commission must be satisfied the proposed bargaining instrument— is in writing; and is signed by or for all the parties.\n(sec.196-ssec.2) Subsection (1) (b) does not apply if the commission is satisfied, in the particular circumstances, that— although the proposed bargaining instrument has not been signed by or for all the parties, all parties have agreed on the terms of the instrument; and the part 5 application was made within a reasonable time after the instrument was approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\n(sec.196-ssec.3) For subsection (2) , in deciding whether all parties have agreed on the terms of the proposed bargaining instrument, the commission may consider— whether the parties negotiated in good faith as required under section 173 ; and any other evidence supporting or not supporting the alleged agreement.\n- (a) is in writing; and\n- (b) is signed by or for all the parties.\n- (a) although the proposed bargaining instrument has not been signed by or for all the parties, all parties have agreed on the terms of the instrument; and\n- (b) the part 5 application was made within a reasonable time after the instrument was approved by a valid majority of the relevant employees at the time in a properly conducted ballot.\n- (a) whether the parties negotiated in good faith as required under section 173 ; and\n- (b) any other evidence supporting or not supporting the alleged agreement.","sortOrder":246},{"sectionNumber":"sec.197","sectionType":"section","heading":"Approval by relevant employees","content":"### sec.197 Approval by relevant employees\n\nThe commission must be satisfied a valid majority of the relevant employees employed at the time approved the proposed bargaining instrument.","sortOrder":247},{"sectionNumber":"sec.198","sectionType":"section","heading":"Provisions and other information to be included","content":"### sec.198 Provisions and other information to be included\n\nThe commission must be satisfied the proposed bargaining instrument—\nincludes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to the employees; and\nstates a nominal expiry date that is—\nfor a project agreement—the day the project ends; or\notherwise—no later than 4 years after the day the instrument will come into operation; and\nincludes or is accompanied by—\nthe information required under section 250 ; and\nany other information prescribed by regulation.\nFor subsection (1) (a) , the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.\n(sec.198-ssec.1) The commission must be satisfied the proposed bargaining instrument— includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to the employees; and states a nominal expiry date that is— for a project agreement—the day the project ends; or otherwise—no later than 4 years after the day the instrument will come into operation; and includes or is accompanied by— the information required under section 250 ; and any other information prescribed by regulation.\n(sec.198-ssec.2) For subsection (1) (a) , the provision must state a consultation process to be followed that enables the employer to properly consider the views of employees and relevant employee organisations before making or implementing a final decision.\n- (a) includes a provision requiring an employer to consult employees before making a decision likely to be of particular significance to the employees; and\n- (b) states a nominal expiry date that is— (i) for a project agreement—the day the project ends; or (ii) otherwise—no later than 4 years after the day the instrument will come into operation; and\n- (i) for a project agreement—the day the project ends; or\n- (ii) otherwise—no later than 4 years after the day the instrument will come into operation; and\n- (c) includes or is accompanied by— (i) the information required under section 250 ; and (ii) any other information prescribed by regulation.\n- (i) the information required under section 250 ; and\n- (ii) any other information prescribed by regulation.\n- (i) for a project agreement—the day the project ends; or\n- (ii) otherwise—no later than 4 years after the day the instrument will come into operation; and\n- (i) the information required under section 250 ; and\n- (ii) any other information prescribed by regulation.","sortOrder":248},{"sectionNumber":"sec.199","sectionType":"section","heading":"No-disadvantage test","content":"### sec.199 No-disadvantage test\n\nThe commission must be satisfied the proposed bargaining instrument passes the no-disadvantage test under division 3 .","sortOrder":249},{"sectionNumber":"sec.200","sectionType":"section","heading":"Agreements—requirements about parties","content":"### sec.200 Agreements—requirements about parties\n\nThe commission must be satisfied—\nfor a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or\nfor an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or\nfor an agreement for a new business—\nthe agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and\nthe agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.\nSubsection (1) (b) does not apply if the commission is satisfied a relevant employee organisation—\nhas been given the opportunity to be a party to the agreement, but does not want to be a party; or\nhas no members who are to be covered by the agreement.\n(sec.200-ssec.1) The commission must be satisfied— for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or for an agreement for a new business— the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.\n(sec.200-ssec.2) Subsection (1) (b) does not apply if the commission is satisfied a relevant employee organisation— has been given the opportunity to be a party to the agreement, but does not want to be a party; or has no members who are to be covered by the agreement.\n- (a) for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or\n- (b) for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or\n- (c) for an agreement for a new business— (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.\n- (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and\n- (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.\n- (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and\n- (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.\n- (a) has been given the opportunity to be a party to the agreement, but does not want to be a party; or\n- (b) has no members who are to be covered by the agreement.","sortOrder":250},{"sectionNumber":"sec.201","sectionType":"section","heading":"Equal remuneration","content":"### sec.201 Equal remuneration\n\nThe commission must be satisfied—\nfor a multi-employer agreement or project agreement—the agreement includes information about the way equal remuneration for work of equal or comparable value is implemented, or is to be implemented, in relation to the employees to be covered by the agreement; or\nfor any other proposed bargaining instrument—the proposed bargaining instrument contains information about the way the employer has implemented, will implement (if the instrument is certified or made) or is implementing equal remuneration for work of equal or comparable value in relation to the employees to be covered by the agreement.\ns 201 amd 2022 No. 27 s 29\n- (a) for a multi-employer agreement or project agreement—the agreement includes information about the way equal remuneration for work of equal or comparable value is implemented, or is to be implemented, in relation to the employees to be covered by the agreement; or\n- (b) for any other proposed bargaining instrument—the proposed bargaining instrument contains information about the way the employer has implemented, will implement (if the instrument is certified or made) or is implementing equal remuneration for work of equal or comparable value in relation to the employees to be covered by the agreement.","sortOrder":251},{"sectionNumber":"sec.202","sectionType":"section","heading":"Proposed bargaining awards—requirement about relevant modern award","content":"### sec.202 Proposed bargaining awards—requirement about relevant modern award\n\nThis section applies if the proposed bargaining instrument is a bargaining award.\nThe commission must be satisfied a modern award or bargaining award is in effect under which the only employers and employees covered are the employers and employees who will be covered by the proposed bargaining award.\n(sec.202-ssec.1) This section applies if the proposed bargaining instrument is a bargaining award.\n(sec.202-ssec.2) The commission must be satisfied a modern award or bargaining award is in effect under which the only employers and employees covered are the employers and employees who will be covered by the proposed bargaining award.","sortOrder":252},{"sectionNumber":"sec.203","sectionType":"section","heading":"Consistency with scope order","content":"### sec.203 Consistency with scope order\n\nThis section applies if a scope order in relation to the proposed bargaining instrument is in effect.\nThe commission must be satisfied the instrument is not inconsistent with the order.\n(sec.203-ssec.1) This section applies if a scope order in relation to the proposed bargaining instrument is in effect.\n(sec.203-ssec.2) The commission must be satisfied the instrument is not inconsistent with the order.","sortOrder":253},{"sectionNumber":"sec.204","sectionType":"section","heading":"Inconsistency with equal remuneration orders etc.","content":"### sec.204 Inconsistency with equal remuneration orders etc.\n\nThe commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument—\nis inconsistent with a provision of chapter 5 , part 3 ; or\nis inconsistent with an order by the commission under a provision mentioned in paragraph (a) ; or\nseeks to prohibit or restrict an application being made under chapter 5 , part 3 .\n- (a) is inconsistent with a provision of chapter 5 , part 3 ; or\n- (b) is inconsistent with an order by the commission under a provision mentioned in paragraph (a) ; or\n- (c) seeks to prohibit or restrict an application being made under chapter 5 , part 3 .","sortOrder":254},{"sectionNumber":"sec.205","sectionType":"section","heading":"Objectionable terms","content":"### sec.205 Objectionable terms\n\nThe commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument is an objectionable term within the meaning of section 301 .","sortOrder":255},{"sectionNumber":"sec.206","sectionType":"section","heading":"Contravention of ch 8 , pt 1 , div 4","content":"### sec.206 Contravention of ch 8 , pt 1 , div 4\n\nThe commission must refuse to grant a part 5 application if the commission is satisfied—\nthe employer has, in connection with negotiating the proposed bargaining instrument, contravened a provision of chapter 8 , part 1 , division 4 ; or\nthe employer has caused an entity to engage, in connection with negotiations for the proposed bargaining instrument, in conduct that, had the employer engaged in the conduct, would be a contravention by the employer of a provision of chapter 8 , part 1 , division 4 ; or\nan entity has, for the employer, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.\nSubsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.\n(sec.206-ssec.1) The commission must refuse to grant a part 5 application if the commission is satisfied— the employer has, in connection with negotiating the proposed bargaining instrument, contravened a provision of chapter 8 , part 1 , division 4 ; or the employer has caused an entity to engage, in connection with negotiations for the proposed bargaining instrument, in conduct that, had the employer engaged in the conduct, would be a contravention by the employer of a provision of chapter 8 , part 1 , division 4 ; or an entity has, for the employer, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.\n(sec.206-ssec.2) Subsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.\n- (a) the employer has, in connection with negotiating the proposed bargaining instrument, contravened a provision of chapter 8 , part 1 , division 4 ; or\n- (b) the employer has caused an entity to engage, in connection with negotiations for the proposed bargaining instrument, in conduct that, had the employer engaged in the conduct, would be a contravention by the employer of a provision of chapter 8 , part 1 , division 4 ; or\n- (c) an entity has, for the employer, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.","sortOrder":256},{"sectionNumber":"sec.207","sectionType":"section","heading":"Discriminatory provisions","content":"### sec.207 Discriminatory provisions\n\nThe commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument is a discriminatory provision.\nSubsection (1) does not apply only because a provision of the proposed bargaining instrument provides for minimum wages for any of the following—\nall young employees;\nall employees with a disability;\nall employees engaged as apprentices or trainees;\na class of employees mentioned in paragraph (a) , (b) or (c) .\n(sec.207-ssec.1) The commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument is a discriminatory provision.\n(sec.207-ssec.2) Subsection (1) does not apply only because a provision of the proposed bargaining instrument provides for minimum wages for any of the following— all young employees; all employees with a disability; all employees engaged as apprentices or trainees; a class of employees mentioned in paragraph (a) , (b) or (c) .\n- (a) all young employees;\n- (b) all employees with a disability;\n- (c) all employees engaged as apprentices or trainees;\n- (d) a class of employees mentioned in paragraph (a) , (b) or (c) .","sortOrder":257},{"sectionNumber":"sec.208","sectionType":"section","heading":"Displacement of Queensland Employment Standards","content":"### sec.208 Displacement of Queensland Employment Standards\n\nThe commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument displaces, or is otherwise inconsistent with, the Queensland Employment Standards.\nSubsection (1) does not apply to a provision that is at least as favourable for an employee as the Queensland Employment Standards.\n(sec.208-ssec.1) The commission must refuse to grant a part 5 application if the commission considers a provision of the proposed bargaining instrument displaces, or is otherwise inconsistent with, the Queensland Employment Standards.\n(sec.208-ssec.2) Subsection (1) does not apply to a provision that is at least as favourable for an employee as the Queensland Employment Standards.","sortOrder":258},{"sectionNumber":"sec.209","sectionType":"section","heading":"Employees covered by the proposed bargaining instrument","content":"### sec.209 Employees covered by the proposed bargaining instrument\n\nThe commission must refuse to grant a part 5 application if—\nthe proposed bargaining instrument applies only to a group or category of employees; and\nthe commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and\nthe commission considers it unfair the other employees are not covered by the instrument.\nFor subsection (1) (b) , in deciding whether it would be reasonable for the other employees to be covered by the proposed bargaining instrument, the commission must consider—\nthe nature of the work performed by the other employees; and\nthe organisational and operational relationships between the group or category and the other employees.\n(sec.209-ssec.1) The commission must refuse to grant a part 5 application if— the proposed bargaining instrument applies only to a group or category of employees; and the commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and the commission considers it unfair the other employees are not covered by the instrument.\n(sec.209-ssec.2) For subsection (1) (b) , in deciding whether it would be reasonable for the other employees to be covered by the proposed bargaining instrument, the commission must consider— the nature of the work performed by the other employees; and the organisational and operational relationships between the group or category and the other employees.\n- (a) the proposed bargaining instrument applies only to a group or category of employees; and\n- (b) the commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and\n- (c) the commission considers it unfair the other employees are not covered by the instrument.\n- (a) the nature of the work performed by the other employees; and\n- (b) the organisational and operational relationships between the group or category and the other employees.","sortOrder":259},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"No-disadvantage test","content":"## No-disadvantage test","sortOrder":260},{"sectionNumber":"sec.210","sectionType":"section","heading":"When proposed bargaining instrument passes the no-disadvantage test","content":"### sec.210 When proposed bargaining instrument passes the no-disadvantage test\n\nA proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.\nA proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.\nSubsection (2) applies subject to sections 211 and 212 .\nSubsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.\nIf the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.\nIn this section—\nentitlements or protections means the entitlements or protections under—\na relevant award, designated award, or order under chapter 2 , part 5 ; or\nchapter 2 , part 3 .\n(sec.210-ssec.1) A proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.\n(sec.210-ssec.2) A proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.\n(sec.210-ssec.3) Subsection (2) applies subject to sections 211 and 212 .\n(sec.210-ssec.4) Subsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.\n(sec.210-ssec.5) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.\n(sec.210-ssec.6) In this section— entitlements or protections means the entitlements or protections under— a relevant award, designated award, or order under chapter 2 , part 5 ; or chapter 2 , part 3 .\n- (a) a relevant award, designated award, or order under chapter 2 , part 5 ; or\n- (b) chapter 2 , part 3 .","sortOrder":261},{"sectionNumber":"sec.211","sectionType":"section","heading":"Special case—employee eligible for supported wage system","content":"### sec.211 Special case—employee eligible for supported wage system\n\nThis section applies if a proposed bargaining instrument provides for the payment of wages to an employee who is eligible for the supported wage system at a rate not less than the rate set in accordance with that system for the employee.\nSee the Supported Wage Award—State 2012.\nThe proposed bargaining instrument does not disadvantage the employee in relation to the employee’s employment conditions only because of the reduction of the employee’s wages.\n(sec.211-ssec.1) This section applies if a proposed bargaining instrument provides for the payment of wages to an employee who is eligible for the supported wage system at a rate not less than the rate set in accordance with that system for the employee. See the Supported Wage Award—State 2012.\n(sec.211-ssec.2) The proposed bargaining instrument does not disadvantage the employee in relation to the employee’s employment conditions only because of the reduction of the employee’s wages.","sortOrder":262},{"sectionNumber":"sec.212","sectionType":"section","heading":"Special case—employee undertaking approved apprenticeship or traineeship","content":"### sec.212 Special case—employee undertaking approved apprenticeship or traineeship\n\nThis section applies if—\na proposed bargaining instrument provides for the payment of wages to an employee undertaking approved training (a training employee ) in a particular trade, occupation or work (the particular work ); and\nthere is a relevant award, designated award or order providing for the payment of wages to employees undertaking benchmark training for—\nthe particular work; or\na trade, occupation or work that is similar to the particular work.\nThe proposed bargaining instrument is taken to disadvantage the training employee in the employee’s employment conditions if the proposed bargaining instrument provides for the payment of wages to the employee at a rate less than the rate payable to an employee (a benchmark employee ) undertaking benchmark training under the relevant award, designated award or order, as adjusted under subsection (3) .\nFor subsection (2) , the rate payable to a benchmark employee is to be adjusted to take into account the proportionate difference, as decided by the approving authority, between the productive time of—\na training employee; and\na benchmark employee.\nSubsection (5) applies if the proposed bargaining instrument adopts, as the qualification for a wage level, a criterion decided by the approving authority (the decided criterion ) instead of a specified criterion applying under the relevant award, designated award or order (the award criterion ).\nFor this section, the relevant award, designated award or order is taken to have effect as if the decided criterion were substituted for the award criterion.\nThis section does not apply to a trainee covered by—\nthe Training Wage Award—State 2012; or\nthe National Training Wage Schedule of a modern award under the Commonwealth Fair Work Act .\nIn this section—\napproved training means training for an apprentice or trainee approved by the approving authority.\nbenchmark training means training for an apprentice or trainee in a particular trade, occupation or work if that is recognised under an award or under an order made under section 136 .\n(sec.212-ssec.1) This section applies if— a proposed bargaining instrument provides for the payment of wages to an employee undertaking approved training (a training employee ) in a particular trade, occupation or work (the particular work ); and there is a relevant award, designated award or order providing for the payment of wages to employees undertaking benchmark training for— the particular work; or a trade, occupation or work that is similar to the particular work.\n(sec.212-ssec.2) The proposed bargaining instrument is taken to disadvantage the training employee in the employee’s employment conditions if the proposed bargaining instrument provides for the payment of wages to the employee at a rate less than the rate payable to an employee (a benchmark employee ) undertaking benchmark training under the relevant award, designated award or order, as adjusted under subsection (3) .\n(sec.212-ssec.3) For subsection (2) , the rate payable to a benchmark employee is to be adjusted to take into account the proportionate difference, as decided by the approving authority, between the productive time of— a training employee; and a benchmark employee.\n(sec.212-ssec.4) Subsection (5) applies if the proposed bargaining instrument adopts, as the qualification for a wage level, a criterion decided by the approving authority (the decided criterion ) instead of a specified criterion applying under the relevant award, designated award or order (the award criterion ).\n(sec.212-ssec.5) For this section, the relevant award, designated award or order is taken to have effect as if the decided criterion were substituted for the award criterion.\n(sec.212-ssec.6) This section does not apply to a trainee covered by— the Training Wage Award—State 2012; or the National Training Wage Schedule of a modern award under the Commonwealth Fair Work Act .\n(sec.212-ssec.7) In this section— approved training means training for an apprentice or trainee approved by the approving authority. benchmark training means training for an apprentice or trainee in a particular trade, occupation or work if that is recognised under an award or under an order made under section 136 .\n- (a) a proposed bargaining instrument provides for the payment of wages to an employee undertaking approved training (a training employee ) in a particular trade, occupation or work (the particular work ); and\n- (b) there is a relevant award, designated award or order providing for the payment of wages to employees undertaking benchmark training for— (i) the particular work; or (ii) a trade, occupation or work that is similar to the particular work.\n- (i) the particular work; or\n- (ii) a trade, occupation or work that is similar to the particular work.\n- (i) the particular work; or\n- (ii) a trade, occupation or work that is similar to the particular work.\n- (a) a training employee; and\n- (b) a benchmark employee.\n- (a) the Training Wage Award—State 2012; or\n- (b) the National Training Wage Schedule of a modern award under the Commonwealth Fair Work Act .","sortOrder":263},{"sectionNumber":"sec.213","sectionType":"section","heading":"Deciding designated awards","content":"### sec.213 Deciding designated awards\n\nThis section applies if—\nan employer, or an employee organisation, proposes to make a certified agreement; and\nthere is no relevant award for some or all of the persons to whom the agreement will apply.\nThe employer or organisation must apply to the commission for a decision under subsection (3) .\nOn application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test.\nThe commission must give the employer or organisation in written notice of the commission’s decision.\n(sec.213-ssec.1) This section applies if— an employer, or an employee organisation, proposes to make a certified agreement; and there is no relevant award for some or all of the persons to whom the agreement will apply.\n(sec.213-ssec.2) The employer or organisation must apply to the commission for a decision under subsection (3) .\n(sec.213-ssec.3) On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test.\n(sec.213-ssec.4) The commission must give the employer or organisation in written notice of the commission’s decision.\n- (a) an employer, or an employee organisation, proposes to make a certified agreement; and\n- (b) there is no relevant award for some or all of the persons to whom the agreement will apply.","sortOrder":264},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":265},{"sectionNumber":"sec.214","sectionType":"section","heading":"Procedures for preventing and settling disputes","content":"### sec.214 Procedures for preventing and settling disputes\n\nThe procedures for preventing and settling disputes contained in a bargaining instrument may, with the commission’s approval, authorise the commission to settle a dispute.","sortOrder":266},{"sectionNumber":"sec.215","sectionType":"section","heading":"Publication of bargaining instruments","content":"### sec.215 Publication of bargaining instruments\n\nThis section applies if the commission grants a part 5 application.\nAs soon as practicable after granting the application, the commission must give the registrar—\na copy of the bargaining instrument certified or made by the commission; and\nwritten reasons for the certification or making of the instrument.\nAs soon as practicable after the registrar receives a copy of the bargaining instrument under subsection (2) , the registrar must—\ngive the parties to whom the instrument will apply notice of—\nthe making of the instrument; and\nif the instrument is a bargaining award—notice of the revocation of the relevant modern award; and\nensure a copy of the instrument is published on the QIRC website.\n(sec.215-ssec.1) This section applies if the commission grants a part 5 application.\n(sec.215-ssec.2) As soon as practicable after granting the application, the commission must give the registrar— a copy of the bargaining instrument certified or made by the commission; and written reasons for the certification or making of the instrument.\n(sec.215-ssec.3) As soon as practicable after the registrar receives a copy of the bargaining instrument under subsection (2) , the registrar must— give the parties to whom the instrument will apply notice of— the making of the instrument; and if the instrument is a bargaining award—notice of the revocation of the relevant modern award; and ensure a copy of the instrument is published on the QIRC website.\n- (a) a copy of the bargaining instrument certified or made by the commission; and\n- (b) written reasons for the certification or making of the instrument.\n- (a) give the parties to whom the instrument will apply notice of— (i) the making of the instrument; and (ii) if the instrument is a bargaining award—notice of the revocation of the relevant modern award; and\n- (i) the making of the instrument; and\n- (ii) if the instrument is a bargaining award—notice of the revocation of the relevant modern award; and\n- (b) ensure a copy of the instrument is published on the QIRC website.\n- (i) the making of the instrument; and\n- (ii) if the instrument is a bargaining award—notice of the revocation of the relevant modern award; and","sortOrder":267},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Effect of bargaining instruments","content":"# Effect of bargaining instruments","sortOrder":268},{"sectionNumber":"sec.216","sectionType":"section","heading":"When certified agreements operate","content":"### sec.216 When certified agreements operate\n\nA certified agreement starts operating when it is certified.\nA certified agreement continues to operate until the agreement is terminated under section 227 or 228 .\n(sec.216-ssec.1) A certified agreement starts operating when it is certified.\n(sec.216-ssec.2) A certified agreement continues to operate until the agreement is terminated under section 227 or 228 .","sortOrder":269},{"sectionNumber":"sec.217","sectionType":"section","heading":"When bargaining awards operate","content":"### sec.217 When bargaining awards operate\n\nA bargaining award starts operating on the day stated in the award as the day on which the award comes into operation.\nThe stated day must not be earlier than the day on which the bargaining award is made.\nA bargaining award continues to operate until—\nafter the nominal expiry date, the award is replaced by another bargaining award; or\nthe award stops having effect as a bargaining award under section 229 .\n(sec.217-ssec.1) A bargaining award starts operating on the day stated in the award as the day on which the award comes into operation.\n(sec.217-ssec.2) The stated day must not be earlier than the day on which the bargaining award is made.\n(sec.217-ssec.3) A bargaining award continues to operate until— after the nominal expiry date, the award is replaced by another bargaining award; or the award stops having effect as a bargaining award under section 229 .\n- (a) after the nominal expiry date, the award is replaced by another bargaining award; or\n- (b) the award stops having effect as a bargaining award under section 229 .","sortOrder":270},{"sectionNumber":"sec.218","sectionType":"section","heading":"Contravening bargaining instruments","content":"### sec.218 Contravening bargaining instruments\n\nA person must not contravene a bargaining instrument.\nThis section is a civil penalty provision.\nA person does not contravene a bargaining instrument unless the instrument applies to the person—see section 219 .\n- 1 This section is a civil penalty provision.\n- 2 A person does not contravene a bargaining instrument unless the instrument applies to the person—see section 219 .","sortOrder":271},{"sectionNumber":"sec.219","sectionType":"section","heading":"Significance of application of bargaining instrument","content":"### sec.219 Significance of application of bargaining instrument\n\nA bargaining instrument does not impose obligations, or confer entitlements, on a person unless the instrument applies to the person.\nA person does not contravene a bargaining instrument unless the instrument applies to the person.\n(sec.219-ssec.1) A bargaining instrument does not impose obligations, or confer entitlements, on a person unless the instrument applies to the person.\n(sec.219-ssec.2) A person does not contravene a bargaining instrument unless the instrument applies to the person.","sortOrder":272},{"sectionNumber":"sec.220","sectionType":"section","heading":"Who a bargaining instrument applies to","content":"### sec.220 Who a bargaining instrument applies to\n\nA bargaining instrument applies to an employee, employer or organisation if—\nthe instrument is in operation; and\nthe instrument covers the employee, employer or organisation.\nHowever, a bargaining instrument does not apply to an employee, employer or organisation if this Act provides that the instrument does not apply to the employee, employer or organisation.\nA reference in this Act to a bargaining instrument applying to an employee is a reference to the instrument applying to the employee in relation to particular employment.\n(sec.220-ssec.1) A bargaining instrument applies to an employee, employer or organisation if— the instrument is in operation; and the instrument covers the employee, employer or organisation.\n(sec.220-ssec.2) However, a bargaining instrument does not apply to an employee, employer or organisation if this Act provides that the instrument does not apply to the employee, employer or organisation.\n(sec.220-ssec.3) A reference in this Act to a bargaining instrument applying to an employee is a reference to the instrument applying to the employee in relation to particular employment.\n- (a) the instrument is in operation; and\n- (b) the instrument covers the employee, employer or organisation.","sortOrder":273},{"sectionNumber":"sec.221","sectionType":"section","heading":"Who is covered by a bargaining instrument","content":"### sec.221 Who is covered by a bargaining instrument\n\nA bargaining instrument covers an employee or employer if the instrument states that it covers (however described) the employee or employer.\nA bargaining instrument covers an employee organisation if—\nthe instrument is made with the organisation; or\nfor an instrument made between employees and the employer—\nbefore the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and\nthe organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and\nthe instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.\nA bargaining instrument also covers an employee, employer or employee organisation if this Act, or an order made under this Act, provides or has the effect that the instrument covers the employee, employer or organisation.\nHowever, a bargaining instrument does not cover an employee, employer or employee organisation if any of the following provides or has the effect that the instrument does not cover the employee, employer or organisation—\nanother provision of this Act;\nan order made by the commission under another provision of this Act;\nan order of a court.\nDespite subsections (1) to (3) , a bargaining instrument that has stopped operating does not cover an employee, employer or employee organisation.\nA reference in this Act to a bargaining instrument covering an employee is a reference to the instrument covering the employee in relation to particular employment.\n(sec.221-ssec.1) A bargaining instrument covers an employee or employer if the instrument states that it covers (however described) the employee or employer.\n(sec.221-ssec.2) A bargaining instrument covers an employee organisation if— the instrument is made with the organisation; or for an instrument made between employees and the employer— before the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and the organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and the instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.\n(sec.221-ssec.3) A bargaining instrument also covers an employee, employer or employee organisation if this Act, or an order made under this Act, provides or has the effect that the instrument covers the employee, employer or organisation.\n(sec.221-ssec.4) However, a bargaining instrument does not cover an employee, employer or employee organisation if any of the following provides or has the effect that the instrument does not cover the employee, employer or organisation— another provision of this Act; an order made by the commission under another provision of this Act; an order of a court.\n(sec.221-ssec.5) Despite subsections (1) to (3) , a bargaining instrument that has stopped operating does not cover an employee, employer or employee organisation.\n(sec.221-ssec.6) A reference in this Act to a bargaining instrument covering an employee is a reference to the instrument covering the employee in relation to particular employment.\n- (a) the instrument is made with the organisation; or\n- (b) for an instrument made between employees and the employer— (i) before the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and (ii) the organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and (iii) the instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.\n- (i) before the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and\n- (ii) the organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and\n- (iii) the instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.\n- (i) before the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and\n- (ii) the organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and\n- (iii) the instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.\n- (a) another provision of this Act;\n- (b) an order made by the commission under another provision of this Act;\n- (c) an order of a court.","sortOrder":274},{"sectionNumber":"sec.222","sectionType":"section","heading":"Application of bargaining instrument to successor employers","content":"### sec.222 Application of bargaining instrument to successor employers\n\nThis section applies if—\na bargaining instrument applies to an employer; and\nat a later time a new employer becomes the successor (whether or not immediate) of the whole or a part of the business of the employer to whom the instrument applies.\nFrom the later time—\nthe bargaining instrument applies to the new employer, to the extent the instrument relates to the whole or part of the business; and\nthe bargaining instrument stops applying to the previous employer, to the extent the instrument relates to the whole or part of the business; and\na reference in this chapter to the employer includes a reference to the new employer, and stops referring to the previous employer, to the extent the context relates to the whole or part of the business.\n(sec.222-ssec.1) This section applies if— a bargaining instrument applies to an employer; and at a later time a new employer becomes the successor (whether or not immediate) of the whole or a part of the business of the employer to whom the instrument applies.\n(sec.222-ssec.2) From the later time— the bargaining instrument applies to the new employer, to the extent the instrument relates to the whole or part of the business; and the bargaining instrument stops applying to the previous employer, to the extent the instrument relates to the whole or part of the business; and a reference in this chapter to the employer includes a reference to the new employer, and stops referring to the previous employer, to the extent the context relates to the whole or part of the business.\n- (a) a bargaining instrument applies to an employer; and\n- (b) at a later time a new employer becomes the successor (whether or not immediate) of the whole or a part of the business of the employer to whom the instrument applies.\n- (a) the bargaining instrument applies to the new employer, to the extent the instrument relates to the whole or part of the business; and\n- (b) the bargaining instrument stops applying to the previous employer, to the extent the instrument relates to the whole or part of the business; and\n- (c) a reference in this chapter to the employer includes a reference to the new employer, and stops referring to the previous employer, to the extent the context relates to the whole or part of the business.","sortOrder":275},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Extending, amending and terminating bargaining instruments etc.","content":"# Extending, amending and terminating bargaining instruments etc.","sortOrder":276},{"sectionNumber":"ch.4-pt.7-div.1","sectionType":"division","heading":"Extension of bargaining instruments","content":"## Extension of bargaining instruments","sortOrder":277},{"sectionNumber":"sec.223","sectionType":"section","heading":"Extension of nominal expiry date","content":"### sec.223 Extension of nominal expiry date\n\nOn or before the nominal expiry date of a bargaining instrument, the following persons may apply to the commission to extend the bargaining instrument’s nominal expiry date—\nif the instrument applies to 1 or more organisations—the employer and the 1 or more organisations;\notherwise—the employer.\nHowever, the nominal expiry date can not be extended beyond—\nfor a project agreement—the date on which the project ends; or\nfor another bargaining instrument—4 years after the date on which the instrument came into operation.\nThe extension has no effect unless the commission approves the extension.\nThe commission must approve the extension if, and must not approve the extension unless, satisfied a valid majority of the relevant employees at the time approved the extension.\nThe extension takes effect when the commission’s approval takes effect.\nThis section does not apply to—\nan agreement made with an employee organisation for employees proposed to be employed in a new business; or\na bargaining instrument to which section 210 (4) applies.\n(sec.223-ssec.1) On or before the nominal expiry date of a bargaining instrument, the following persons may apply to the commission to extend the bargaining instrument’s nominal expiry date— if the instrument applies to 1 or more organisations—the employer and the 1 or more organisations; otherwise—the employer.\n(sec.223-ssec.2) However, the nominal expiry date can not be extended beyond— for a project agreement—the date on which the project ends; or for another bargaining instrument—4 years after the date on which the instrument came into operation.\n(sec.223-ssec.3) The extension has no effect unless the commission approves the extension.\n(sec.223-ssec.4) The commission must approve the extension if, and must not approve the extension unless, satisfied a valid majority of the relevant employees at the time approved the extension.\n(sec.223-ssec.5) The extension takes effect when the commission’s approval takes effect.\n(sec.223-ssec.6) This section does not apply to— an agreement made with an employee organisation for employees proposed to be employed in a new business; or a bargaining instrument to which section 210 (4) applies.\n- (a) if the instrument applies to 1 or more organisations—the employer and the 1 or more organisations;\n- (b) otherwise—the employer.\n- (a) for a project agreement—the date on which the project ends; or\n- (b) for another bargaining instrument—4 years after the date on which the instrument came into operation.\n- (a) an agreement made with an employee organisation for employees proposed to be employed in a new business; or\n- (b) a bargaining instrument to which section 210 (4) applies.","sortOrder":278},{"sectionNumber":"ch.4-pt.7-div.2","sectionType":"division","heading":"Amendment of bargaining instruments","content":"## Amendment of bargaining instruments","sortOrder":279},{"sectionNumber":"sec.224","sectionType":"section","heading":"Power to amend bargaining instruments","content":"### sec.224 Power to amend bargaining instruments\n\nA bargaining instrument may only be amended under—\nthis division; or\nsection 223 .\n- (a) this division; or\n- (b) section 223 .","sortOrder":280},{"sectionNumber":"sec.225","sectionType":"section","heading":"Amendment on application","content":"### sec.225 Amendment on application\n\nThe following persons may apply to the commission to amend a bargaining instrument—\nif the instrument applies to 1 or more organisations—the employer and the organisations to which the instrument applies;\nif the amendment amends the parties to a multi-party agreement—the person who wants to become a party to the agreement;\notherwise—the employer.\nThe commission must approve the amendment if, and must not approve the amendment unless, satisfied—\nthe amendment has been approved by—\nfor an amendment mentioned in subsection (1) (b) —the approving parties; or\nfor any other amendment—a valid majority of the relevant employees at the time; and\nthe commission would be required to certify or make the instrument as amended if it were an instrument for which an application for certification or making were made under part 5 .\nIn applying subsection (2) (b) —\na requirement about a majority of persons approving the instrument is taken to be satisfied; and\nsection 194 is to be disregarded.\nThe amendment takes effect when the commission’s approval takes effect.\nThe commission may, on application by a person to whom a bargaining instrument applies, amend the instrument—\nto remove ambiguity; or\nto include, omit or amend a term, however described, allowing an employer to stand down an employee; or\nin another way, if—\nthe approving parties have agreed to the amendment; and\nthe commission is satisfied the amendment does not disadvantage the relevant employees; and\nthe commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.\nThis section does not apply to an amendment to add or omit a party to a bargaining instrument, other than an amendment mentioned in subsection (1) (b) .\nIn this section—\napproving parties means—\nfor an instrument that applies to an employer and an employee organisation—the employer and organisation; or\nfor another instrument—the employer and a valid majority of the relevant employees at the time.\n(sec.225-ssec.1) The following persons may apply to the commission to amend a bargaining instrument— if the instrument applies to 1 or more organisations—the employer and the organisations to which the instrument applies; if the amendment amends the parties to a multi-party agreement—the person who wants to become a party to the agreement; otherwise—the employer.\n(sec.225-ssec.2) The commission must approve the amendment if, and must not approve the amendment unless, satisfied— the amendment has been approved by— for an amendment mentioned in subsection (1) (b) —the approving parties; or for any other amendment—a valid majority of the relevant employees at the time; and the commission would be required to certify or make the instrument as amended if it were an instrument for which an application for certification or making were made under part 5 .\n(sec.225-ssec.3) In applying subsection (2) (b) — a requirement about a majority of persons approving the instrument is taken to be satisfied; and section 194 is to be disregarded.\n(sec.225-ssec.4) The amendment takes effect when the commission’s approval takes effect.\n(sec.225-ssec.5) The commission may, on application by a person to whom a bargaining instrument applies, amend the instrument— to remove ambiguity; or to include, omit or amend a term, however described, allowing an employer to stand down an employee; or in another way, if— the approving parties have agreed to the amendment; and the commission is satisfied the amendment does not disadvantage the relevant employees; and the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.\n(sec.225-ssec.6) This section does not apply to an amendment to add or omit a party to a bargaining instrument, other than an amendment mentioned in subsection (1) (b) .\n(sec.225-ssec.7) In this section— approving parties means— for an instrument that applies to an employer and an employee organisation—the employer and organisation; or for another instrument—the employer and a valid majority of the relevant employees at the time.\n- (a) if the instrument applies to 1 or more organisations—the employer and the organisations to which the instrument applies;\n- (b) if the amendment amends the parties to a multi-party agreement—the person who wants to become a party to the agreement;\n- (c) otherwise—the employer.\n- (a) the amendment has been approved by— (i) for an amendment mentioned in subsection (1) (b) —the approving parties; or (ii) for any other amendment—a valid majority of the relevant employees at the time; and\n- (i) for an amendment mentioned in subsection (1) (b) —the approving parties; or\n- (ii) for any other amendment—a valid majority of the relevant employees at the time; and\n- (b) the commission would be required to certify or make the instrument as amended if it were an instrument for which an application for certification or making were made under part 5 .\n- (i) for an amendment mentioned in subsection (1) (b) —the approving parties; or\n- (ii) for any other amendment—a valid majority of the relevant employees at the time; and\n- (a) a requirement about a majority of persons approving the instrument is taken to be satisfied; and\n- (b) section 194 is to be disregarded.\n- (a) to remove ambiguity; or\n- (b) to include, omit or amend a term, however described, allowing an employer to stand down an employee; or\n- (c) in another way, if— (i) the approving parties have agreed to the amendment; and (ii) the commission is satisfied the amendment does not disadvantage the relevant employees; and (iii) the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.\n- (i) the approving parties have agreed to the amendment; and\n- (ii) the commission is satisfied the amendment does not disadvantage the relevant employees; and\n- (iii) the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.\n- (i) the approving parties have agreed to the amendment; and\n- (ii) the commission is satisfied the amendment does not disadvantage the relevant employees; and\n- (iii) the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.\n- (a) for an instrument that applies to an employer and an employee organisation—the employer and organisation; or\n- (b) for another instrument—the employer and a valid majority of the relevant employees at the time.","sortOrder":281},{"sectionNumber":"sec.226","sectionType":"section","heading":"Amendment of parties to bargaining award by consent","content":"### sec.226 Amendment of parties to bargaining award by consent\n\nThis section applies if an employer, or an employee organisation, to whom a bargaining award does not apply (the proposed new party ) would like the award to apply to the proposed new party.\nAll the parties to the award, and the proposed new party, may apply to the commission to amend the bargaining award so the award applies to the proposed new party.\nThe commission may approve the amendment if satisfied—\nif the proposed new party is an employer—the bargaining instrument should apply to the employer; or\nif the proposed new party is an employee organisation—the organisation is entitled to represent the industrial interests of employees covered by the bargaining award.\n(sec.226-ssec.1) This section applies if an employer, or an employee organisation, to whom a bargaining award does not apply (the proposed new party ) would like the award to apply to the proposed new party.\n(sec.226-ssec.2) All the parties to the award, and the proposed new party, may apply to the commission to amend the bargaining award so the award applies to the proposed new party.\n(sec.226-ssec.3) The commission may approve the amendment if satisfied— if the proposed new party is an employer—the bargaining instrument should apply to the employer; or if the proposed new party is an employee organisation—the organisation is entitled to represent the industrial interests of employees covered by the bargaining award.\n- (a) if the proposed new party is an employer—the bargaining instrument should apply to the employer; or\n- (b) if the proposed new party is an employee organisation—the organisation is entitled to represent the industrial interests of employees covered by the bargaining award.","sortOrder":282},{"sectionNumber":"ch.4-pt.7-div.3","sectionType":"division","heading":"Termination of certified agreements and arbitration determinations","content":"## Termination of certified agreements and arbitration determinations","sortOrder":283},{"sectionNumber":"sec.227","sectionType":"section","heading":"Termination on or before nominal expiry date","content":"### sec.227 Termination on or before nominal expiry date\n\nOn or before the nominal expiry date of a certified agreement or arbitration determination, the employer and the organisations to which the agreement or determination applies may apply to the commission to terminate the agreement or determination.\nThe commission must approve the termination if, and must not approve the termination unless, satisfied a valid majority of the relevant employees at the time approve the termination.\nThe termination takes effect when the commission’s approval takes effect.\n(sec.227-ssec.1) On or before the nominal expiry date of a certified agreement or arbitration determination, the employer and the organisations to which the agreement or determination applies may apply to the commission to terminate the agreement or determination.\n(sec.227-ssec.2) The commission must approve the termination if, and must not approve the termination unless, satisfied a valid majority of the relevant employees at the time approve the termination.\n(sec.227-ssec.3) The termination takes effect when the commission’s approval takes effect.","sortOrder":284},{"sectionNumber":"sec.228","sectionType":"section","heading":"Termination after nominal expiry date","content":"### sec.228 Termination after nominal expiry date\n\nAfter the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination—\nthe employer;\na valid majority of the relevant employees;\nan employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.\nThe person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.\nThe commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and—\nfor an agreement or determination that provides that it may be terminated if particular conditions are met—the conditions have been met; or\nfor an agreement or determination that does not provide for the way it may be terminated—\nthe other parties to the agreement or determination agree to it being terminated; and\ntermination of the agreement or determination is not contrary to the public interest.\nThe termination takes effect when the commission’s approval takes effect.\n(sec.228-ssec.1) After the nominal expiry date of a certified agreement or arbitration determination, the following persons may apply to the commission to terminate the agreement or determination— the employer; a valid majority of the relevant employees; an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.\n(sec.228-ssec.2) The person who intends to apply to terminate the agreement or determination must give all other persons to whom the agreement or determination applies notice of the intention.\n(sec.228-ssec.3) The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and— for an agreement or determination that provides that it may be terminated if particular conditions are met—the conditions have been met; or for an agreement or determination that does not provide for the way it may be terminated— the other parties to the agreement or determination agree to it being terminated; and termination of the agreement or determination is not contrary to the public interest.\n(sec.228-ssec.4) The termination takes effect when the commission’s approval takes effect.\n- (a) the employer;\n- (b) a valid majority of the relevant employees;\n- (c) an employee organisation to which the agreement or determination applies and that has at least 1 member who is a relevant employee.\n- (a) for an agreement or determination that provides that it may be terminated if particular conditions are met—the conditions have been met; or\n- (b) for an agreement or determination that does not provide for the way it may be terminated— (i) the other parties to the agreement or determination agree to it being terminated; and (ii) termination of the agreement or determination is not contrary to the public interest.\n- (i) the other parties to the agreement or determination agree to it being terminated; and\n- (ii) termination of the agreement or determination is not contrary to the public interest.\n- (i) the other parties to the agreement or determination agree to it being terminated; and\n- (ii) termination of the agreement or determination is not contrary to the public interest.","sortOrder":285},{"sectionNumber":"ch.4-pt.7-div.4","sectionType":"division","heading":"Termination of bargaining awards","content":"## Termination of bargaining awards","sortOrder":286},{"sectionNumber":"sec.229","sectionType":"section","heading":"Termination of bargaining awards and conversion into modern awards","content":"### sec.229 Termination of bargaining awards and conversion into modern awards\n\nThis section applies if, after the nominal expiry date of a bargaining award, either of the following events (each a conversion event ) happens—\nthe commission certifies a certified agreement that applies to any of the parties to the bargaining award;\nan arbitration determination is made that applies to any of the parties to the bargaining award.\nWhen the conversion event happens, the bargaining award—\nstops having effect as a bargaining award; and\nis taken to be, and starts operating as, a modern award.\nSubsection (2) (b) applies despite section 155 .\nDespite section 153 , the modern award that takes effect under subsection (2) applies to the employees, employers and organisations to whom the bargaining award applied immediately before the conversion event happened.\nSections 143 to 147 and 160 do not apply in relation to the modern award taking effect under subsection (2) (b) .\n(sec.229-ssec.1) This section applies if, after the nominal expiry date of a bargaining award, either of the following events (each a conversion event ) happens— the commission certifies a certified agreement that applies to any of the parties to the bargaining award; an arbitration determination is made that applies to any of the parties to the bargaining award.\n(sec.229-ssec.2) When the conversion event happens, the bargaining award— stops having effect as a bargaining award; and is taken to be, and starts operating as, a modern award.\n(sec.229-ssec.3) Subsection (2) (b) applies despite section 155 .\n(sec.229-ssec.4) Despite section 153 , the modern award that takes effect under subsection (2) applies to the employees, employers and organisations to whom the bargaining award applied immediately before the conversion event happened.\n(sec.229-ssec.5) Sections 143 to 147 and 160 do not apply in relation to the modern award taking effect under subsection (2) (b) .\n- (a) the commission certifies a certified agreement that applies to any of the parties to the bargaining award;\n- (b) an arbitration determination is made that applies to any of the parties to the bargaining award.\n- (a) stops having effect as a bargaining award; and\n- (b) is taken to be, and starts operating as, a modern award.","sortOrder":287},{"sectionNumber":"sec.230","sectionType":"section","heading":"Publication of modern award","content":"### sec.230 Publication of modern award\n\nThis section applies if a modern award takes effect under section 229 .\nAs soon as practicable after the modern award takes effect, the registrar must—\ngive the parties to whom the modern award applies notice of—\nthe taking effect of the modern award; and\nthe revocation of the bargaining award that applied to the parties immediately before the modern award took effect; and\nensure a copy of the modern award is published on the QIRC website.\n(sec.230-ssec.1) This section applies if a modern award takes effect under section 229 .\n(sec.230-ssec.2) As soon as practicable after the modern award takes effect, the registrar must— give the parties to whom the modern award applies notice of— the taking effect of the modern award; and the revocation of the bargaining award that applied to the parties immediately before the modern award took effect; and ensure a copy of the modern award is published on the QIRC website.\n- (a) give the parties to whom the modern award applies notice of— (i) the taking effect of the modern award; and (ii) the revocation of the bargaining award that applied to the parties immediately before the modern award took effect; and\n- (i) the taking effect of the modern award; and\n- (ii) the revocation of the bargaining award that applied to the parties immediately before the modern award took effect; and\n- (b) ensure a copy of the modern award is published on the QIRC website.\n- (i) the taking effect of the modern award; and\n- (ii) the revocation of the bargaining award that applied to the parties immediately before the modern award took effect; and","sortOrder":288},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Protected industrial action","content":"# Protected industrial action","sortOrder":289},{"sectionNumber":"ch.4-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":290},{"sectionNumber":"sec.231","sectionType":"section","heading":"Definition for part","content":"### sec.231 Definition for part\n\nIn this part—\nprotected industrial action see section 233 (1) .","sortOrder":291},{"sectionNumber":"sec.232","sectionType":"section","heading":"Right to take protected industrial action","content":"### sec.232 Right to take protected industrial action\n\nA negotiating party for a proposed bargaining instrument has a right to take protected industrial action for the proposed instrument, subject to this part.","sortOrder":292},{"sectionNumber":"ch.4-pt.8-div.2","sectionType":"division","heading":"Process for taking protected industrial action","content":"## Process for taking protected industrial action","sortOrder":293},{"sectionNumber":"sec.233","sectionType":"section","heading":"When industrial action is protected industrial action","content":"### sec.233 When industrial action is protected industrial action\n\nIndustrial action is protected industrial action for a proposed bargaining instrument if the industrial action—\nmeets the requirements of this section; and\nis not industrial action to which section 234 applies.\nThe industrial action must be—\norganised, or engaged in, by a protected person for the purpose of—\nsupporting or advancing claims made in relation to the proposed instrument; or\nresponding to industrial action mentioned in paragraph (b) (i) by an employer who will be covered by the proposed instrument; or\norganised, or engaged in, by an employer who will be covered by the proposed instrument for the purpose of—\nsupporting or advancing claims made in relation to the proposed instrument; or\nresponding to industrial action mentioned in paragraph (a) (i) by an employee who will be covered by the proposed instrument.\nThe following persons have not contravened, before the industrial action starts, the requirement to negotiate in good faith under section 173 —\nif the industrial action is a strike by an employee who will be covered by the proposed instrument—the negotiating party for the employee;\nif the industrial action is a lockout by an employer who will be covered by the proposed instrument—the employer.\nIf the industrial action is engaged in by employees, the employees likely to be engaging in the industrial action have, before the industrial action is engaged in, been approved by the registrar under section 235 to engage in the industrial action.\nBefore the industrial action is engaged in, notice of the industrial action must have been given under section 236 .\nThe industrial action may be engaged in during conciliation for the proposed bargaining instrument.\nHowever, see sections 240 and 241 .\nIn this section—\nprotected person , for a proposed bargaining instrument, means—\nan employee organisation that is a negotiating party for the proposed instrument; or\nan officer or employee of that employee organisation acting in that capacity; or\nan employee who is a member of that employee organisation and will be covered by the proposed instrument.\n(sec.233-ssec.1) Industrial action is protected industrial action for a proposed bargaining instrument if the industrial action— meets the requirements of this section; and is not industrial action to which section 234 applies.\n(sec.233-ssec.2) The industrial action must be— organised, or engaged in, by a protected person for the purpose of— supporting or advancing claims made in relation to the proposed instrument; or responding to industrial action mentioned in paragraph (b) (i) by an employer who will be covered by the proposed instrument; or organised, or engaged in, by an employer who will be covered by the proposed instrument for the purpose of— supporting or advancing claims made in relation to the proposed instrument; or responding to industrial action mentioned in paragraph (a) (i) by an employee who will be covered by the proposed instrument.\n(sec.233-ssec.3) The following persons have not contravened, before the industrial action starts, the requirement to negotiate in good faith under section 173 — if the industrial action is a strike by an employee who will be covered by the proposed instrument—the negotiating party for the employee; if the industrial action is a lockout by an employer who will be covered by the proposed instrument—the employer.\n(sec.233-ssec.4) If the industrial action is engaged in by employees, the employees likely to be engaging in the industrial action have, before the industrial action is engaged in, been approved by the registrar under section 235 to engage in the industrial action.\n(sec.233-ssec.5) Before the industrial action is engaged in, notice of the industrial action must have been given under section 236 .\n(sec.233-ssec.6) The industrial action may be engaged in during conciliation for the proposed bargaining instrument. However, see sections 240 and 241 .\n(sec.233-ssec.7) In this section— protected person , for a proposed bargaining instrument, means— an employee organisation that is a negotiating party for the proposed instrument; or an officer or employee of that employee organisation acting in that capacity; or an employee who is a member of that employee organisation and will be covered by the proposed instrument.\n- (a) meets the requirements of this section; and\n- (b) is not industrial action to which section 234 applies.\n- (a) organised, or engaged in, by a protected person for the purpose of— (i) supporting or advancing claims made in relation to the proposed instrument; or (ii) responding to industrial action mentioned in paragraph (b) (i) by an employer who will be covered by the proposed instrument; or\n- (i) supporting or advancing claims made in relation to the proposed instrument; or\n- (ii) responding to industrial action mentioned in paragraph (b) (i) by an employer who will be covered by the proposed instrument; or\n- (b) organised, or engaged in, by an employer who will be covered by the proposed instrument for the purpose of— (i) supporting or advancing claims made in relation to the proposed instrument; or (ii) responding to industrial action mentioned in paragraph (a) (i) by an employee who will be covered by the proposed instrument.\n- (i) supporting or advancing claims made in relation to the proposed instrument; or\n- (ii) responding to industrial action mentioned in paragraph (a) (i) by an employee who will be covered by the proposed instrument.\n- (i) supporting or advancing claims made in relation to the proposed instrument; or\n- (ii) responding to industrial action mentioned in paragraph (b) (i) by an employer who will be covered by the proposed instrument; or\n- (i) supporting or advancing claims made in relation to the proposed instrument; or\n- (ii) responding to industrial action mentioned in paragraph (a) (i) by an employee who will be covered by the proposed instrument.\n- (a) if the industrial action is a strike by an employee who will be covered by the proposed instrument—the negotiating party for the employee;\n- (b) if the industrial action is a lockout by an employer who will be covered by the proposed instrument—the employer.\n- (a) an employee organisation that is a negotiating party for the proposed instrument; or\n- (b) an officer or employee of that employee organisation acting in that capacity; or\n- (c) an employee who is a member of that employee organisation and will be covered by the proposed instrument.","sortOrder":294},{"sectionNumber":"sec.234","sectionType":"section","heading":"When industrial action is not protected industrial action","content":"### sec.234 When industrial action is not protected industrial action\n\nIndustrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in—\non or before the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed instrument; or\nduring any peace obligation period for the proposed instrument.\nIndustrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in during arbitration for the proposed instrument.\nThe following persons must not engage in industrial action to which subsection (1) or (2) applies—\nan employee who will be covered by the proposed instrument;\nan employee organisation that is a negotiating party for the proposed instrument;\nan officer or employee of that employee organisation acting in that capacity;\nan employer who will be covered by the proposed instrument.\nThis subsection is a civil penalty provision.\n(sec.234-ssec.1) Industrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in— on or before the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed instrument; or during any peace obligation period for the proposed instrument.\n(sec.234-ssec.2) Industrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in during arbitration for the proposed instrument.\n(sec.234-ssec.3) The following persons must not engage in industrial action to which subsection (1) or (2) applies— an employee who will be covered by the proposed instrument; an employee organisation that is a negotiating party for the proposed instrument; an officer or employee of that employee organisation acting in that capacity; an employer who will be covered by the proposed instrument. This subsection is a civil penalty provision.\n- (a) on or before the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed instrument; or\n- (b) during any peace obligation period for the proposed instrument.\n- (a) an employee who will be covered by the proposed instrument;\n- (b) an employee organisation that is a negotiating party for the proposed instrument;\n- (c) an officer or employee of that employee organisation acting in that capacity;\n- (d) an employer who will be covered by the proposed instrument.","sortOrder":295},{"sectionNumber":"sec.235","sectionType":"section","heading":"Approval to engage in industrial action","content":"### sec.235 Approval to engage in industrial action\n\nFor section 233 (4) , the registrar must, on application by an employee organisation, approve the employees likely to be engaging in the proposed industrial action doing so if satisfied that—\nbefore making the application, the employee organisation followed the process approved under subsection (2) and the result was that a majority of employees who participated in the process expressed support for the industrial action; and\nthe employees are members of the employee organisation; and\nthe employees will be covered by the proposed bargaining agreement the subject of the industrial action; and\nthe employees are not proposing to engage in the industrial action—\nbefore the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or\nduring any peace obligation period for the proposed bargaining instrument.\nFor subsection (1) (a) , the employee organisation must provide its members likely to be engaging in the proposed industrial action with a process, approved by the registrar, to express their democratic views about the industrial action.\nAn approval remains in force for the period stated by the registrar.\n(sec.235-ssec.1) For section 233 (4) , the registrar must, on application by an employee organisation, approve the employees likely to be engaging in the proposed industrial action doing so if satisfied that— before making the application, the employee organisation followed the process approved under subsection (2) and the result was that a majority of employees who participated in the process expressed support for the industrial action; and the employees are members of the employee organisation; and the employees will be covered by the proposed bargaining agreement the subject of the industrial action; and the employees are not proposing to engage in the industrial action— before the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or during any peace obligation period for the proposed bargaining instrument.\n(sec.235-ssec.2) For subsection (1) (a) , the employee organisation must provide its members likely to be engaging in the proposed industrial action with a process, approved by the registrar, to express their democratic views about the industrial action.\n(sec.235-ssec.3) An approval remains in force for the period stated by the registrar.\n- (a) before making the application, the employee organisation followed the process approved under subsection (2) and the result was that a majority of employees who participated in the process expressed support for the industrial action; and\n- (b) the employees are members of the employee organisation; and\n- (c) the employees will be covered by the proposed bargaining agreement the subject of the industrial action; and\n- (d) the employees are not proposing to engage in the industrial action— (i) before the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or (ii) during any peace obligation period for the proposed bargaining instrument.\n- (i) before the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or\n- (ii) during any peace obligation period for the proposed bargaining instrument.\n- (i) before the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or\n- (ii) during any peace obligation period for the proposed bargaining instrument.","sortOrder":296},{"sectionNumber":"sec.236","sectionType":"section","heading":"Notice of industrial action must be given","content":"### sec.236 Notice of industrial action must be given\n\nFor section 233 (5) , the protected person or employer intending to take the industrial action must give written notice of the intention to all of the negotiating parties for the proposed bargaining instrument—\nat least 3 working days before the day the intended action starts, unless paragraph (b) applies; or\nif the intended action is in response to industrial action as mentioned in section 233 (2) (a) (ii) or (b)(ii) or the intended action is taken after industrial action is taken by a negotiating party—at any time before the day the intended action starts.\nHowever, an employer may, instead of giving written notice, take any other reasonable steps to notify employees of the intended action.\nNotice under this section must indicate—\nthe nature of the intended action; and\nthe day on which the intended action will start.\nNotice under this section may be given before the end of any peace obligation period for the proposed bargaining instrument, as long as the intended action does not start during that period.\n(sec.236-ssec.1) For section 233 (5) , the protected person or employer intending to take the industrial action must give written notice of the intention to all of the negotiating parties for the proposed bargaining instrument— at least 3 working days before the day the intended action starts, unless paragraph (b) applies; or if the intended action is in response to industrial action as mentioned in section 233 (2) (a) (ii) or (b)(ii) or the intended action is taken after industrial action is taken by a negotiating party—at any time before the day the intended action starts.\n(sec.236-ssec.2) However, an employer may, instead of giving written notice, take any other reasonable steps to notify employees of the intended action.\n(sec.236-ssec.3) Notice under this section must indicate— the nature of the intended action; and the day on which the intended action will start.\n(sec.236-ssec.4) Notice under this section may be given before the end of any peace obligation period for the proposed bargaining instrument, as long as the intended action does not start during that period.\n- (a) at least 3 working days before the day the intended action starts, unless paragraph (b) applies; or\n- (b) if the intended action is in response to industrial action as mentioned in section 233 (2) (a) (ii) or (b)(ii) or the intended action is taken after industrial action is taken by a negotiating party—at any time before the day the intended action starts.\n- (a) the nature of the intended action; and\n- (b) the day on which the intended action will start.","sortOrder":297},{"sectionNumber":"ch.4-pt.8-div.3","sectionType":"division","heading":"Consequences of protected industrial action","content":"## Consequences of protected industrial action","sortOrder":298},{"sectionNumber":"sec.237","sectionType":"section","heading":"Legal effect of protected industrial action","content":"### sec.237 Legal effect of protected industrial action\n\nNo legal proceedings lie under any law for action taken for protected industrial action except proceedings for action resulting in any of the following—\npersonal injury;\nwilful or reckless destruction of, or damage to, property;\nthe unlawful taking, keeping or use of property.\nDespite subsection (1) , proceedings for defamation may be brought for anything that happens during protected industrial action.\nIf protected industrial action is the lockout of an employee by an employer—\nthe employer may refuse to pay the employee remuneration for the period of the lockout; but\nthe continuity of the employee’s employment, for the purposes prescribed by regulation, is not affected by the lockout.\n(sec.237-ssec.1) No legal proceedings lie under any law for action taken for protected industrial action except proceedings for action resulting in any of the following— personal injury; wilful or reckless destruction of, or damage to, property; the unlawful taking, keeping or use of property.\n(sec.237-ssec.2) Despite subsection (1) , proceedings for defamation may be brought for anything that happens during protected industrial action.\n(sec.237-ssec.3) If protected industrial action is the lockout of an employee by an employer— the employer may refuse to pay the employee remuneration for the period of the lockout; but the continuity of the employee’s employment, for the purposes prescribed by regulation, is not affected by the lockout.\n- (a) personal injury;\n- (b) wilful or reckless destruction of, or damage to, property;\n- (c) the unlawful taking, keeping or use of property.\n- (a) the employer may refuse to pay the employee remuneration for the period of the lockout; but\n- (b) the continuity of the employee’s employment, for the purposes prescribed by regulation, is not affected by the lockout.","sortOrder":299},{"sectionNumber":"sec.238","sectionType":"section","heading":"Employer must not prejudice employee for engaging in protected industrial action","content":"### sec.238 Employer must not prejudice employee for engaging in protected industrial action\n\nAn employer must not do any of the following wholly or partly because an employee is proposing to engage in, is engaging in, or has engaged in, protected industrial action—\ndismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice; or\nthreaten to dismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply to any of the following actions taken by the employer—\nstanding down the employee;\nrefusing to pay the employee if, under common law, the employer is permitted to do so because the employee has not performed work as directed;\naction that is itself protected industrial action.\nIn proceedings under chapter 11 , part 8 for an alleged contravention of subsection (1) , it is to be presumed the alleged conduct of the employer was carried out wholly or partly because the employee was proposing to engage in, was engaging in, or had engaged in protected industrial action, unless the contrary is proved.\n(sec.238-ssec.1) An employer must not do any of the following wholly or partly because an employee is proposing to engage in, is engaging in, or has engaged in, protected industrial action— dismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice; or threaten to dismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice. This subsection is a civil penalty provision.\n(sec.238-ssec.2) Subsection (1) does not apply to any of the following actions taken by the employer— standing down the employee; refusing to pay the employee if, under common law, the employer is permitted to do so because the employee has not performed work as directed; action that is itself protected industrial action.\n(sec.238-ssec.3) In proceedings under chapter 11 , part 8 for an alleged contravention of subsection (1) , it is to be presumed the alleged conduct of the employer was carried out wholly or partly because the employee was proposing to engage in, was engaging in, or had engaged in protected industrial action, unless the contrary is proved.\n- (a) dismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice; or\n- (b) threaten to dismiss the employee, injure the employee in the employee’s employment or change the employee’s position to the employee’s prejudice.\n- (a) standing down the employee;\n- (b) refusing to pay the employee if, under common law, the employer is permitted to do so because the employee has not performed work as directed;\n- (c) action that is itself protected industrial action.","sortOrder":300},{"sectionNumber":"sec.239","sectionType":"section","heading":"Remedies if employee prejudiced for engaging in protected industrial action","content":"### sec.239 Remedies if employee prejudiced for engaging in protected industrial action\n\nThe commission may order an employer who contravenes section 238 (1) —\nif the contravention was dismissing the employee—\nto reinstate the employee to the position the employee occupied immediately before the dismissal; or\nto re-employ the employee in a position at least as favourable as that position; and\nto pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice.\nThe rights of and relating to reinstatement and re-employment that are conferred on an employee by this section do not limit any other rights of the employee.\n(sec.239-ssec.1) The commission may order an employer who contravenes section 238 (1) — if the contravention was dismissing the employee— to reinstate the employee to the position the employee occupied immediately before the dismissal; or to re-employ the employee in a position at least as favourable as that position; and to pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice.\n(sec.239-ssec.2) The rights of and relating to reinstatement and re-employment that are conferred on an employee by this section do not limit any other rights of the employee.\n- (a) if the contravention was dismissing the employee— (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or (ii) to re-employ the employee in a position at least as favourable as that position; and\n- (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or\n- (ii) to re-employ the employee in a position at least as favourable as that position; and\n- (b) to pay the employee who is dismissed, injured or prejudiced compensation for loss suffered because of the dismissal, injury or prejudice.\n- (i) to reinstate the employee to the position the employee occupied immediately before the dismissal; or\n- (ii) to re-employ the employee in a position at least as favourable as that position; and","sortOrder":301},{"sectionNumber":"ch.4-pt.8-div.4","sectionType":"division","heading":"Suspension or termination by commission of protected industrial action","content":"## Suspension or termination by commission of protected industrial action","sortOrder":302},{"sectionNumber":"sec.240","sectionType":"section","heading":"Suspension or termination if significant economic harm to employers or employees","content":"### sec.240 Suspension or termination if significant economic harm to employers or employees\n\nThe commission may, on application by a person mentioned in subsection (3) , make an order to suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in if satisfied of the following—\nif section 233 (2) (a) applies—the industrial action is causing, or threatening to cause, significant economic harm to—\nan employer who will be covered by the proposed instrument; or\nan employee who will be covered by the proposed instrument; or\nif section 233 (2) (b) applies—the industrial action is causing, or threatening to cause, significant economic harm to an employee who will be covered by the proposed instrument;\nif the industrial action is threatening to cause significant economic harm—the harm is imminent;\nthe industrial action has been protracted;\nthe dispute about the terms of the proposed instrument will not be resolved in the reasonably foreseeable future.\nFor subsection (1) (a) and (b) , the factors relevant to deciding whether protected industrial action is causing, or threatening to cause, significant economic harm to an employer or employee include the following—\nthe source, nature and degree of harm suffered or likely to be suffered;\nthe likelihood the harm will continue to be caused or will be caused;\nthe capacity of the employer or employee to bear the harm;\nthe views of the employer or employee;\nthe views of the negotiating parties for the proposed bargaining instrument;\nwhether the negotiating parties for the proposed instrument have met the requirement to negotiate in good faith under section 173 ;\nif the commission is considering making an order to terminate the industrial action—\nwhether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and\nwhether there is any reasonable prospect of agreement being reached;\nthe objective of promoting and facilitating bargaining for the proposed instrument.\nFor subsection (1) , an application may be made by—\na negotiating party for the proposed bargaining instrument; or\nthe Minister; or\na person prescribed by regulation.\n(sec.240-ssec.1) The commission may, on application by a person mentioned in subsection (3) , make an order to suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in if satisfied of the following— if section 233 (2) (a) applies—the industrial action is causing, or threatening to cause, significant economic harm to— an employer who will be covered by the proposed instrument; or an employee who will be covered by the proposed instrument; or if section 233 (2) (b) applies—the industrial action is causing, or threatening to cause, significant economic harm to an employee who will be covered by the proposed instrument; if the industrial action is threatening to cause significant economic harm—the harm is imminent; the industrial action has been protracted; the dispute about the terms of the proposed instrument will not be resolved in the reasonably foreseeable future.\n(sec.240-ssec.2) For subsection (1) (a) and (b) , the factors relevant to deciding whether protected industrial action is causing, or threatening to cause, significant economic harm to an employer or employee include the following— the source, nature and degree of harm suffered or likely to be suffered; the likelihood the harm will continue to be caused or will be caused; the capacity of the employer or employee to bear the harm; the views of the employer or employee; the views of the negotiating parties for the proposed bargaining instrument; whether the negotiating parties for the proposed instrument have met the requirement to negotiate in good faith under section 173 ; if the commission is considering making an order to terminate the industrial action— whether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and whether there is any reasonable prospect of agreement being reached; the objective of promoting and facilitating bargaining for the proposed instrument.\n(sec.240-ssec.3) For subsection (1) , an application may be made by— a negotiating party for the proposed bargaining instrument; or the Minister; or a person prescribed by regulation.\n- (a) if section 233 (2) (a) applies—the industrial action is causing, or threatening to cause, significant economic harm to— (i) an employer who will be covered by the proposed instrument; or (ii) an employee who will be covered by the proposed instrument; or\n- (i) an employer who will be covered by the proposed instrument; or\n- (ii) an employee who will be covered by the proposed instrument; or\n- (b) if section 233 (2) (b) applies—the industrial action is causing, or threatening to cause, significant economic harm to an employee who will be covered by the proposed instrument;\n- (c) if the industrial action is threatening to cause significant economic harm—the harm is imminent;\n- (d) the industrial action has been protracted;\n- (e) the dispute about the terms of the proposed instrument will not be resolved in the reasonably foreseeable future.\n- (i) an employer who will be covered by the proposed instrument; or\n- (ii) an employee who will be covered by the proposed instrument; or\n- (a) the source, nature and degree of harm suffered or likely to be suffered;\n- (b) the likelihood the harm will continue to be caused or will be caused;\n- (c) the capacity of the employer or employee to bear the harm;\n- (d) the views of the employer or employee;\n- (e) the views of the negotiating parties for the proposed bargaining instrument;\n- (f) whether the negotiating parties for the proposed instrument have met the requirement to negotiate in good faith under section 173 ;\n- (g) if the commission is considering making an order to terminate the industrial action— (i) whether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and (ii) whether there is any reasonable prospect of agreement being reached;\n- (i) whether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and\n- (ii) whether there is any reasonable prospect of agreement being reached;\n- (h) the objective of promoting and facilitating bargaining for the proposed instrument.\n- (i) whether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and\n- (ii) whether there is any reasonable prospect of agreement being reached;\n- (a) a negotiating party for the proposed bargaining instrument; or\n- (b) the Minister; or\n- (c) a person prescribed by regulation.","sortOrder":303},{"sectionNumber":"sec.241","sectionType":"section","heading":"Suspension or termination if life, property, health or welfare is endangered","content":"### sec.241 Suspension or termination if life, property, health or welfare is endangered\n\nThe commission must, on application by a person mentioned in subsection (2) , suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in, or threatened to be engaged in, if satisfied the industrial action has threatened, is threatening or would threaten—\nto endanger the life, personal safety or health, or welfare of the State’s population or part of it; or\nto cause significant damage to the State’s economy or an important part of it.\nFor subsection (1) , an application may be made by—\na negotiating party for the proposed bargaining instrument; or\nthe Minister; or\na person prescribed by regulation.\nThe commission must, as far as practicable, decide an application under this section within 5 days after it is made.\nIf the commission is unable to decide the application in that time, the commission must, before the time ends, make an interim order to suspend the protected industrial action to which the application relates.\nThe interim order continues in force until the application is decided.\n(sec.241-ssec.1) The commission must, on application by a person mentioned in subsection (2) , suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in, or threatened to be engaged in, if satisfied the industrial action has threatened, is threatening or would threaten— to endanger the life, personal safety or health, or welfare of the State’s population or part of it; or to cause significant damage to the State’s economy or an important part of it.\n(sec.241-ssec.2) For subsection (1) , an application may be made by— a negotiating party for the proposed bargaining instrument; or the Minister; or a person prescribed by regulation.\n(sec.241-ssec.3) The commission must, as far as practicable, decide an application under this section within 5 days after it is made.\n(sec.241-ssec.4) If the commission is unable to decide the application in that time, the commission must, before the time ends, make an interim order to suspend the protected industrial action to which the application relates.\n(sec.241-ssec.5) The interim order continues in force until the application is decided.\n- (a) to endanger the life, personal safety or health, or welfare of the State’s population or part of it; or\n- (b) to cause significant damage to the State’s economy or an important part of it.\n- (a) a negotiating party for the proposed bargaining instrument; or\n- (b) the Minister; or\n- (c) a person prescribed by regulation.","sortOrder":304},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"General","content":"# General","sortOrder":305},{"sectionNumber":"sec.242","sectionType":"section","heading":"Certificate as to requested representation","content":"### sec.242 Certificate as to requested representation\n\nAn employee organisation may apply to the registrar for a certificate stating that an employee has asked the organisation, under section 171 , to represent the employee in negotiating with the employer under this chapter.\nAn employer may apply to the registrar for a certificate stating that the employer need not negotiate with an employee organisation under this chapter because of a circumstance mentioned in section 171 (5) .\nA certificate must identify the organisation, the employer and any proposed bargaining instrument.\nA certificate must not identify any of the employees concerned.\nThe certificate is, for all purposes of this Act, evidence of the matters stated in it.\n(sec.242-ssec.1) An employee organisation may apply to the registrar for a certificate stating that an employee has asked the organisation, under section 171 , to represent the employee in negotiating with the employer under this chapter.\n(sec.242-ssec.2) An employer may apply to the registrar for a certificate stating that the employer need not negotiate with an employee organisation under this chapter because of a circumstance mentioned in section 171 (5) .\n(sec.242-ssec.3) A certificate must identify the organisation, the employer and any proposed bargaining instrument.\n(sec.242-ssec.4) A certificate must not identify any of the employees concerned.\n(sec.242-ssec.5) The certificate is, for all purposes of this Act, evidence of the matters stated in it.","sortOrder":306},{"sectionNumber":"sec.243","sectionType":"section","heading":"Secret ballot on valid majority","content":"### sec.243 Secret ballot on valid majority\n\nThis section applies if—\nthe commission is required under this chapter to be satisfied a valid majority of the persons employed at a particular time—\nhave made or terminated a bargaining instrument; or\nhave given an approval in relation to a bargaining instrument; and\nthe commission is not satisfied.\nThe commission may order a vote be taken by secret ballot, in accordance with the commission’s directions, of employees to whom the bargaining instrument applies or will apply to find out whether the employees would make or terminate the bargaining instrument or give the approval.\nAn order under subsection (2) may include a provision for absent voting.\nIf a majority of the validly cast votes is in favour of making or terminating the bargaining instrument, or giving the approval, the commission is taken to be satisfied of the requirement.\nBefore a vote is taken, the commission may revoke an order under subsection (2) if the commission becomes satisfied the requirement mentioned in subsection (1) (a) has been met.\nIn this section—\nbargaining instrument includes a proposed bargaining instrument.\n(sec.243-ssec.1) This section applies if— the commission is required under this chapter to be satisfied a valid majority of the persons employed at a particular time— have made or terminated a bargaining instrument; or have given an approval in relation to a bargaining instrument; and the commission is not satisfied.\n(sec.243-ssec.2) The commission may order a vote be taken by secret ballot, in accordance with the commission’s directions, of employees to whom the bargaining instrument applies or will apply to find out whether the employees would make or terminate the bargaining instrument or give the approval.\n(sec.243-ssec.3) An order under subsection (2) may include a provision for absent voting.\n(sec.243-ssec.4) If a majority of the validly cast votes is in favour of making or terminating the bargaining instrument, or giving the approval, the commission is taken to be satisfied of the requirement.\n(sec.243-ssec.5) Before a vote is taken, the commission may revoke an order under subsection (2) if the commission becomes satisfied the requirement mentioned in subsection (1) (a) has been met.\n(sec.243-ssec.6) In this section— bargaining instrument includes a proposed bargaining instrument.\n- (a) the commission is required under this chapter to be satisfied a valid majority of the persons employed at a particular time— (i) have made or terminated a bargaining instrument; or (ii) have given an approval in relation to a bargaining instrument; and\n- (i) have made or terminated a bargaining instrument; or\n- (ii) have given an approval in relation to a bargaining instrument; and\n- (b) the commission is not satisfied.\n- (i) have made or terminated a bargaining instrument; or\n- (ii) have given an approval in relation to a bargaining instrument; and","sortOrder":307},{"sectionNumber":"sec.244","sectionType":"section","heading":"Coercion","content":"### sec.244 Coercion\n\nA person must not take, or refrain from taking, industrial action or other action with intent to coerce someone else to agree, or not to agree, to—\nmaking, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or\napproving anything mentioned in paragraph (a) .\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply to industrial action that is protected industrial action.\nAn employer must not coerce, or attempt to coerce, an employee of the employer—\nnot to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or\nto withdraw the request.\nThis subsection is a civil penalty provision.\nA person must not coerce, or attempt to coerce, an employee—\nnot to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or\nto express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views.\nThis subsection is a civil penalty provision.\nIn this section—\ntake or refrain from taking includes threaten to take or refrain from taking.\n(sec.244-ssec.1) A person must not take, or refrain from taking, industrial action or other action with intent to coerce someone else to agree, or not to agree, to— making, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or approving anything mentioned in paragraph (a) . This subsection is a civil penalty provision.\n(sec.244-ssec.2) Subsection (1) does not apply to industrial action that is protected industrial action.\n(sec.244-ssec.3) An employer must not coerce, or attempt to coerce, an employee of the employer— not to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or to withdraw the request. This subsection is a civil penalty provision.\n(sec.244-ssec.4) A person must not coerce, or attempt to coerce, an employee— not to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or to express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views. This subsection is a civil penalty provision.\n(sec.244-ssec.5) In this section— take or refrain from taking includes threaten to take or refrain from taking.\n- (a) making, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or\n- (b) approving anything mentioned in paragraph (a) .\n- (a) not to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or\n- (b) to withdraw the request.\n- (a) not to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or\n- (b) to express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views.","sortOrder":308},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":309},{"sectionNumber":"sec.245","sectionType":"section","heading":"Purpose of chapter","content":"### sec.245 Purpose of chapter\n\nThe purpose of this chapter is—\nto require the commission, in making modern awards, to ensure—\nthe value of work is identified appropriately; and\nequal remuneration for work of equal or comparable value is provided for; and\nto ensure the commission, in certifying or making bargaining instruments, is informed about the steps taken by the parties to provide for equal remuneration for work of equal or comparable value; and\nto enable the commission, in performing functions in relation to bargaining instruments and other instruments affecting wages, to obtain information from the parties about equal remuneration for work of equal or comparable value; and\nto enable the commission to make orders, on application, to ensure employees receive equal remuneration for work of equal or comparable value.\n- (a) to require the commission, in making modern awards, to ensure— (i) the value of work is identified appropriately; and (ii) equal remuneration for work of equal or comparable value is provided for; and\n- (i) the value of work is identified appropriately; and\n- (ii) equal remuneration for work of equal or comparable value is provided for; and\n- (b) to ensure the commission, in certifying or making bargaining instruments, is informed about the steps taken by the parties to provide for equal remuneration for work of equal or comparable value; and\n- (c) to enable the commission, in performing functions in relation to bargaining instruments and other instruments affecting wages, to obtain information from the parties about equal remuneration for work of equal or comparable value; and\n- (d) to enable the commission to make orders, on application, to ensure employees receive equal remuneration for work of equal or comparable value.\n- (i) the value of work is identified appropriately; and\n- (ii) equal remuneration for work of equal or comparable value is provided for; and","sortOrder":310},{"sectionNumber":"sec.246","sectionType":"section","heading":"Definition for chapter","content":"### sec.246 Definition for chapter\n\nIn this chapter—\nwage-related information , for employees covered by a proposed bargaining instrument or an instrument mentioned in section 7 (1) , means information about each of the following matters—\nthe distribution of the employees by gender;\nthe difference between the average weekly full-time equivalent earnings of male employees and female employees covered by the instrument (the gender pay gap );\nany major factors identified as contributing to the gender pay gap;\nif appropriate, the projected effect of the instrument on the gender pay gap;\nother information relevant to the gender pay gap prescribed by regulation.\ns 246 amd 2022 No. 27 s 30\n- (a) the distribution of the employees by gender;\n- (b) the difference between the average weekly full-time equivalent earnings of male employees and female employees covered by the instrument (the gender pay gap );\n- (c) any major factors identified as contributing to the gender pay gap;\n- (d) if appropriate, the projected effect of the instrument on the gender pay gap;\n- (e) other information relevant to the gender pay gap prescribed by regulation.","sortOrder":311},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Instruments affecting wages","content":"# Instruments affecting wages","sortOrder":312},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Making of modern awards","content":"## Making of modern awards","sortOrder":313},{"sectionNumber":"sec.247","sectionType":"section","heading":"Application of division","content":"### sec.247 Application of division\n\nThis division applies, for the purposes of section 143 (1) (c) , in relation to the making of a modern award under chapter 3 .","sortOrder":314},{"sectionNumber":"sec.248","sectionType":"section","heading":"Requirements for commission—ensuring modern award provides for equal remuneration","content":"### sec.248 Requirements for commission—ensuring modern award provides for equal remuneration\n\nThe commission must be satisfied—\nthe work to which the award relates is appropriately valued; and\nthe award provides for equal remuneration for work of equal or comparable value.\nFor subsection (1) (a) , the commission must assess the current value of the work that is the subject of the modern award, having regard to—\nthe nature of the work, skill and responsibility required; and\nthe conditions under which the work is performed; and\nany other matters the commission considers relevant.\nThe assessment of the current value of the work must be free of assumptions based on gender.\nFor subsection (1) (b) —\ncomparisons within and between occupations and industries—\nmay be used, but are not required, to establish whether the work has been undervalued on a gender basis; and\nare not restricted to similar work; and\ndiscrimination on the basis of gender is not necessary to establish the work has been undervalued; and\nthe commission must consider previous valuations of the work and whether historically the work has been undervalued; and\nthe commission may have regard to other industrial instruments or federal industrial instruments.\n(sec.248-ssec.1) The commission must be satisfied— the work to which the award relates is appropriately valued; and the award provides for equal remuneration for work of equal or comparable value.\n(sec.248-ssec.2) For subsection (1) (a) , the commission must assess the current value of the work that is the subject of the modern award, having regard to— the nature of the work, skill and responsibility required; and the conditions under which the work is performed; and any other matters the commission considers relevant.\n(sec.248-ssec.3) The assessment of the current value of the work must be free of assumptions based on gender.\n(sec.248-ssec.4) For subsection (1) (b) — comparisons within and between occupations and industries— may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and are not restricted to similar work; and discrimination on the basis of gender is not necessary to establish the work has been undervalued; and the commission must consider previous valuations of the work and whether historically the work has been undervalued; and the commission may have regard to other industrial instruments or federal industrial instruments.\n- (a) the work to which the award relates is appropriately valued; and\n- (b) the award provides for equal remuneration for work of equal or comparable value.\n- (a) the nature of the work, skill and responsibility required; and\n- (b) the conditions under which the work is performed; and\n- (c) any other matters the commission considers relevant.\n- (a) comparisons within and between occupations and industries— (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and (ii) are not restricted to similar work; and\n- (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and\n- (ii) are not restricted to similar work; and\n- (b) discrimination on the basis of gender is not necessary to establish the work has been undervalued; and\n- (c) the commission must consider previous valuations of the work and whether historically the work has been undervalued; and\n- (d) the commission may have regard to other industrial instruments or federal industrial instruments.\n- (i) may be used, but are not required, to establish whether the work has been undervalued on a gender basis; and\n- (ii) are not restricted to similar work; and","sortOrder":315},{"sectionNumber":"sec.249","sectionType":"section","heading":"Commission to make order if test not passed","content":"### sec.249 Commission to make order if test not passed\n\nThis section applies if the commission is not satisfied the modern award provides for equal remuneration for work of equal or comparable value.\nThe commission must make an order under part 3 to ensure the modern award provides for equal remuneration for work of equal or comparable value.\n(sec.249-ssec.1) This section applies if the commission is not satisfied the modern award provides for equal remuneration for work of equal or comparable value.\n(sec.249-ssec.2) The commission must make an order under part 3 to ensure the modern award provides for equal remuneration for work of equal or comparable value.","sortOrder":316},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Bargaining instruments and other instruments","content":"## Bargaining instruments and other instruments","sortOrder":317},{"sectionNumber":"sec.250","sectionType":"section","heading":"Requirement for application relating to proposed bargaining instrument","content":"### sec.250 Requirement for application relating to proposed bargaining instrument\n\nThis section applies to an application for the certification of an agreement, or the making of a bargaining award, under chapter 4 , part 5 .\nThe application must be accompanied by an affidavit that—\ncontains the wage-related information for the employees who are or will be covered by the proposed bargaining instrument; and\nstates the steps taken by the parties to the instrument to provide for equal remuneration for work of equal or comparable value in the instrument; and\nfor a provision that allows differential treatment of wages for different groups of employees—states the justification for including the provision in the instrument.\nThe affidavit must be in the form required under the rules.\nIn this section—\nproposed bargaining instrument see section 168 .\ns 250 amd 2022 No. 27 s 31\n(sec.250-ssec.1) This section applies to an application for the certification of an agreement, or the making of a bargaining award, under chapter 4 , part 5 .\n(sec.250-ssec.2) The application must be accompanied by an affidavit that— contains the wage-related information for the employees who are or will be covered by the proposed bargaining instrument; and states the steps taken by the parties to the instrument to provide for equal remuneration for work of equal or comparable value in the instrument; and for a provision that allows differential treatment of wages for different groups of employees—states the justification for including the provision in the instrument.\n(sec.250-ssec.3) The affidavit must be in the form required under the rules.\n(sec.250-ssec.4) In this section— proposed bargaining instrument see section 168 .\n- (a) contains the wage-related information for the employees who are or will be covered by the proposed bargaining instrument; and\n- (b) states the steps taken by the parties to the instrument to provide for equal remuneration for work of equal or comparable value in the instrument; and\n- (c) for a provision that allows differential treatment of wages for different groups of employees—states the justification for including the provision in the instrument.","sortOrder":318},{"sectionNumber":"sec.251","sectionType":"section","heading":"Commission may give directions about wage-related information","content":"### sec.251 Commission may give directions about wage-related information\n\nThis section applies if the commission is performing any of the following functions under this Act—\nmaking an order varying a modern award;\ncertifying an agreement or making a bargaining award;\nmaking an order varying a certified agreement or bargaining award, if the variation—\nrelates to equal remuneration for work of equal or comparable value; or\notherwise affects wages;\nmaking an arbitration determination;\nmaking an order under chapter 6 in relation to an industrial dispute, if the order—\nrelates to equal remuneration for work of equal or comparable value; or\notherwise affects wages;\nmaking an order under chapter 2 , part 5 .\nIn performing the function, the commission may direct any of the relevant parties to obtain and give the commission, at a stated time or within a stated period, wage-related information in relation to the proposed instrument.\nThe direction may require the information to be given by an affidavit—\nin the form required under the rules; and\nsigned by the party to whom the direction is given.\nA party to whom a direction is given under subsection (2) must comply with the direction.\nThis subsection is a civil penalty provision.\nIf the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed instrument mentioned in subsection (1) with the entitlements of the employees who are or will be covered by the proposed instrument.\nIn this section—\nfunction includes power.\nrelevant parties means the parties to the proposed instrument mentioned in subsection (1) to which the performance of the function relates.\n(sec.251-ssec.1) This section applies if the commission is performing any of the following functions under this Act— making an order varying a modern award; certifying an agreement or making a bargaining award; making an order varying a certified agreement or bargaining award, if the variation— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an arbitration determination; making an order under chapter 6 in relation to an industrial dispute, if the order— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an order under chapter 2 , part 5 .\n(sec.251-ssec.2) In performing the function, the commission may direct any of the relevant parties to obtain and give the commission, at a stated time or within a stated period, wage-related information in relation to the proposed instrument.\n(sec.251-ssec.3) The direction may require the information to be given by an affidavit— in the form required under the rules; and signed by the party to whom the direction is given.\n(sec.251-ssec.4) A party to whom a direction is given under subsection (2) must comply with the direction. This subsection is a civil penalty provision.\n(sec.251-ssec.5) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed instrument mentioned in subsection (1) with the entitlements of the employees who are or will be covered by the proposed instrument.\n(sec.251-ssec.6) In this section— function includes power. relevant parties means the parties to the proposed instrument mentioned in subsection (1) to which the performance of the function relates.\n- (a) making an order varying a modern award;\n- (b) certifying an agreement or making a bargaining award;\n- (c) making an order varying a certified agreement or bargaining award, if the variation— (i) relates to equal remuneration for work of equal or comparable value; or (ii) otherwise affects wages;\n- (i) relates to equal remuneration for work of equal or comparable value; or\n- (ii) otherwise affects wages;\n- (d) making an arbitration determination;\n- (e) making an order under chapter 6 in relation to an industrial dispute, if the order— (i) relates to equal remuneration for work of equal or comparable value; or (ii) otherwise affects wages;\n- (i) relates to equal remuneration for work of equal or comparable value; or\n- (ii) otherwise affects wages;\n- (f) making an order under chapter 2 , part 5 .\n- (i) relates to equal remuneration for work of equal or comparable value; or\n- (ii) otherwise affects wages;\n- (i) relates to equal remuneration for work of equal or comparable value; or\n- (ii) otherwise affects wages;\n- (a) in the form required under the rules; and\n- (b) signed by the party to whom the direction is given.","sortOrder":319},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Equal remuneration orders","content":"# Equal remuneration orders","sortOrder":320},{"sectionNumber":"sec.252","sectionType":"section","heading":"Orders requiring equal remuneration","content":"### sec.252 Orders requiring equal remuneration\n\nThe commission may make any order it considers appropriate to ensure employees covered by the order receive equal remuneration for work of equal or comparable value.\norders reclassifying work\norders establishing new career paths\norders implementing changes to incremental scales\norders providing for wage increases\norders providing for new allowances\norders about reassessing definitions and descriptions of work to properly reflect the value of the work\nWithout limiting subsection (1) , the order may provide for an increase in remuneration rates, including minimum rates.\n(sec.252-ssec.1) The commission may make any order it considers appropriate to ensure employees covered by the order receive equal remuneration for work of equal or comparable value. orders reclassifying work orders establishing new career paths orders implementing changes to incremental scales orders providing for wage increases orders providing for new allowances orders about reassessing definitions and descriptions of work to properly reflect the value of the work\n(sec.252-ssec.2) Without limiting subsection (1) , the order may provide for an increase in remuneration rates, including minimum rates.\n- • orders reclassifying work\n- • orders establishing new career paths\n- • orders implementing changes to incremental scales\n- • orders providing for wage increases\n- • orders providing for new allowances\n- • orders about reassessing definitions and descriptions of work to properly reflect the value of the work","sortOrder":321},{"sectionNumber":"sec.253","sectionType":"section","heading":"Orders on application etc.","content":"### sec.253 Orders on application etc.\n\nThe commission may make an order under this part on application by—\nan employee to be covered by the order; or\nan organisation whose rules entitle it to represent the industrial interests of employees to be covered by the order; or\na State peak council; or\nthe Minister; or\nthe human rights commissioner under the Anti-Discrimination Act 1991 .\nAlso, the commission must make an order under this part on its own initiative if required to do so under section 249 .\ns 253 amd 2019 No. 5 s 142\n(sec.253-ssec.1) The commission may make an order under this part on application by— an employee to be covered by the order; or an organisation whose rules entitle it to represent the industrial interests of employees to be covered by the order; or a State peak council; or the Minister; or the human rights commissioner under the Anti-Discrimination Act 1991 .\n(sec.253-ssec.2) Also, the commission must make an order under this part on its own initiative if required to do so under section 249 .\n- (a) an employee to be covered by the order; or\n- (b) an organisation whose rules entitle it to represent the industrial interests of employees to be covered by the order; or\n- (c) a State peak council; or\n- (d) the Minister; or\n- (e) the human rights commissioner under the Anti-Discrimination Act 1991 .","sortOrder":322},{"sectionNumber":"sec.254","sectionType":"section","heading":"Requirements about making of order on application","content":"### sec.254 Requirements about making of order on application\n\nThis section applies if an application for an order under this part is made under section 253 .\nThe commission must make the order if, and must not make the order unless, it is satisfied the employees to be covered by the order do not receive equal remuneration for work of equal or comparable value.\n(sec.254-ssec.1) This section applies if an application for an order under this part is made under section 253 .\n(sec.254-ssec.2) The commission must make the order if, and must not make the order unless, it is satisfied the employees to be covered by the order do not receive equal remuneration for work of equal or comparable value.","sortOrder":323},{"sectionNumber":"sec.255","sectionType":"section","heading":"Immediate or progressive introduction of equal remuneration","content":"### sec.255 Immediate or progressive introduction of equal remuneration\n\nThe order may introduce equal remuneration for work of equal or comparable value—\nimmediately; or\nprogressively in stated stages.\n- (a) immediately; or\n- (b) progressively in stated stages.","sortOrder":324},{"sectionNumber":"sec.256","sectionType":"section","heading":"Employer not to reduce remuneration","content":"### sec.256 Employer not to reduce remuneration\n\nAn employer must not reduce an employee’s remuneration because an application or order has been made under this part.\nA purported reduction by an employer is of no effect.\n(sec.256-ssec.1) An employer must not reduce an employee’s remuneration because an application or order has been made under this part.\n(sec.256-ssec.2) A purported reduction by an employer is of no effect.","sortOrder":325},{"sectionNumber":"sec.257","sectionType":"section","heading":"Part does not limit other rights","content":"### sec.257 Part does not limit other rights\n\nThis part does not limit a right a person or organisation may otherwise have to secure equal remuneration for work of equal or comparable value.\nSubsection (1) is subject to section 258 .\n(sec.257-ssec.1) This part does not limit a right a person or organisation may otherwise have to secure equal remuneration for work of equal or comparable value.\n(sec.257-ssec.2) Subsection (1) is subject to section 258 .","sortOrder":326},{"sectionNumber":"sec.258","sectionType":"section","heading":"Applications under this part","content":"### sec.258 Applications under this part\n\nAn application can not be made under section 253 for an order to secure equal remuneration for work of equal or comparable value for an employee if there are current proceedings for an alternative remedy under—\nanother provision of this Act; or\nanother Act.\nIf an application under section 253 has been made, the person who made the application can not start proceedings for an alternative remedy under a provision or Act mentioned in subsection (1) .\nSubsection (2) does not prevent proceedings being started for an alternative remedy if the proceedings under this part have—\nbeen discontinued by the party who started the proceedings; or\nfailed for want of jurisdiction.\nIn this section—\nalternative remedy means an alternative remedy—\nto secure the remuneration for the employee; or\nagainst unequal remuneration for work of equal or comparable value for the employee.\n(sec.258-ssec.1) An application can not be made under section 253 for an order to secure equal remuneration for work of equal or comparable value for an employee if there are current proceedings for an alternative remedy under— another provision of this Act; or another Act.\n(sec.258-ssec.2) If an application under section 253 has been made, the person who made the application can not start proceedings for an alternative remedy under a provision or Act mentioned in subsection (1) .\n(sec.258-ssec.3) Subsection (2) does not prevent proceedings being started for an alternative remedy if the proceedings under this part have— been discontinued by the party who started the proceedings; or failed for want of jurisdiction.\n(sec.258-ssec.4) In this section— alternative remedy means an alternative remedy— to secure the remuneration for the employee; or against unequal remuneration for work of equal or comparable value for the employee.\n- (a) another provision of this Act; or\n- (b) another Act.\n- (a) been discontinued by the party who started the proceedings; or\n- (b) failed for want of jurisdiction.\n- (a) to secure the remuneration for the employee; or\n- (b) against unequal remuneration for work of equal or comparable value for the employee.","sortOrder":327},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":328},{"sectionNumber":"sec.259","sectionType":"section","heading":"Commission may make statement of policy about operation of chapter","content":"### sec.259 Commission may make statement of policy about operation of chapter\n\nThe commission may make a statement of policy about the operation of this chapter.\nThis section does not limit section 461 .\n(sec.259-ssec.1) The commission may make a statement of policy about the operation of this chapter.\n(sec.259-ssec.2) This section does not limit section 461 .","sortOrder":329},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":330},{"sectionNumber":"sec.260","sectionType":"section","heading":"Definitions for chapter","content":"### sec.260 Definitions for chapter\n\nIn this chapter—\ndispute means an industrial dispute.\nparty ...\ns 260 def party om 2022 No. 27 s 32\nshow cause notice see section 265 (7) .","sortOrder":331},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Notice of industrial dispute","content":"# Notice of industrial dispute","sortOrder":332},{"sectionNumber":"sec.261","sectionType":"section","heading":"Notice must be given to registrar","content":"### sec.261 Notice must be given to registrar\n\nSubsection (2) applies if an industrial dispute—\nexists between—\nan employer organisation or employer; and\nan employee organisation or employee; and\nremains unresolved after the parties to the dispute have genuinely attempted to settle the dispute.\nEach party to the dispute must immediately give the registrar written notice of the dispute.\nThe notice—\nmay be given by letter, facsimile, email or other means of written communication; and\nmust state each of the following—\nthe names of the parties to the dispute;\nthe place where the dispute exists;\nthe subject matter of the dispute;\nanything else required by the rules.\n(sec.261-ssec.1) Subsection (2) applies if an industrial dispute— exists between— an employer organisation or employer; and an employee organisation or employee; and remains unresolved after the parties to the dispute have genuinely attempted to settle the dispute.\n(sec.261-ssec.2) Each party to the dispute must immediately give the registrar written notice of the dispute.\n(sec.261-ssec.3) The notice— may be given by letter, facsimile, email or other means of written communication; and must state each of the following— the names of the parties to the dispute; the place where the dispute exists; the subject matter of the dispute; anything else required by the rules.\n- (a) exists between— (i) an employer organisation or employer; and (ii) an employee organisation or employee; and\n- (i) an employer organisation or employer; and\n- (ii) an employee organisation or employee; and\n- (b) remains unresolved after the parties to the dispute have genuinely attempted to settle the dispute.\n- (i) an employer organisation or employer; and\n- (ii) an employee organisation or employee; and\n- (a) may be given by letter, facsimile, email or other means of written communication; and\n- (b) must state each of the following— (i) the names of the parties to the dispute; (ii) the place where the dispute exists; (iii) the subject matter of the dispute; (iv) anything else required by the rules.\n- (i) the names of the parties to the dispute;\n- (ii) the place where the dispute exists;\n- (iii) the subject matter of the dispute;\n- (iv) anything else required by the rules.\n- (i) the names of the parties to the dispute;\n- (ii) the place where the dispute exists;\n- (iii) the subject matter of the dispute;\n- (iv) anything else required by the rules.","sortOrder":333},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Action for preventing or settling industrial disputes","content":"# Action for preventing or settling industrial disputes","sortOrder":334},{"sectionNumber":"sec.262","sectionType":"section","heading":"Action on industrial dispute","content":"### sec.262 Action on industrial dispute\n\nThis section applies if—\nnotice of a dispute has been given by a party under section 261 (2) ; or\nwhether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.\nSubsection (1) (b) applies irrespective of whether the parties are attempting to resolve the dispute.\nThe commission may take the steps it considers appropriate for the prevention or prompt settlement of the dispute, by—\nconciliation in the first instance; and\nif the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.\nWithout limiting subsection (3) , the commission may do 1 or more of the following—\ndirect any industrial action in relation to the dispute to stop or not happen;\nmake orders, or give directions, of an interlocutory nature;\nexercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction;\nmake another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.\nFor proceedings for the dispute—\nthe commission may name a party to the dispute as having carriage of the proceedings; and\nthe party named has the carriage of the proceedings accordingly.\nThis section does not affect the operation of an industrial instrument that imposes a duty on a party to the instrument in relation to industrial disputes.\n(sec.262-ssec.1) This section applies if— notice of a dispute has been given by a party under section 261 (2) ; or whether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.\n(sec.262-ssec.2) Subsection (1) (b) applies irrespective of whether the parties are attempting to resolve the dispute.\n(sec.262-ssec.3) The commission may take the steps it considers appropriate for the prevention or prompt settlement of the dispute, by— conciliation in the first instance; and if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.\n(sec.262-ssec.4) Without limiting subsection (3) , the commission may do 1 or more of the following— direct any industrial action in relation to the dispute to stop or not happen; make orders, or give directions, of an interlocutory nature; exercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction; make another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.\n(sec.262-ssec.5) For proceedings for the dispute— the commission may name a party to the dispute as having carriage of the proceedings; and the party named has the carriage of the proceedings accordingly.\n(sec.262-ssec.6) This section does not affect the operation of an industrial instrument that imposes a duty on a party to the instrument in relation to industrial disputes.\n- (a) notice of a dispute has been given by a party under section 261 (2) ; or\n- (b) whether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.\n- (a) conciliation in the first instance; and\n- (b) if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.\n- (a) direct any industrial action in relation to the dispute to stop or not happen;\n- (b) make orders, or give directions, of an interlocutory nature;\n- (c) exercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction;\n- (d) make another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.\n- (a) the commission may name a party to the dispute as having carriage of the proceedings; and\n- (b) the party named has the carriage of the proceedings accordingly.","sortOrder":335},{"sectionNumber":"sec.263","sectionType":"section","heading":"Mediation by commission","content":"### sec.263 Mediation by commission\n\nThe commission may act as mediator in an industrial cause, whether or not it is within the jurisdiction of the commission—\non the request of the parties directly involved in the cause; or\nif the commissioner is satisfied mediation of the cause is desirable in the public interest.\n- (a) on the request of the parties directly involved in the cause; or\n- (b) if the commissioner is satisfied mediation of the cause is desirable in the public interest.","sortOrder":336},{"sectionNumber":"sec.264","sectionType":"section","heading":"Compulsory conference","content":"### sec.264 Compulsory conference\n\nThis section applies if the commission, when taking action under section 262 in relation to a dispute, considers that holding a conference is desirable to prevent or settle the dispute.\nThe commission may, by attendance notice, require a person to attend a conference at a stated time and place.\nA person may be required to attend the conference even though not directly involved in the dispute if the commission considers the person’s presence would be conducive to the prevention of, or the prompt settlement of, the dispute.\nA person required to attend must—\nattend the conference at the stated time and place; and\ncontinue to attend as directed by the commission.\nThis subsection is a civil penalty provision.\n(sec.264-ssec.1) This section applies if the commission, when taking action under section 262 in relation to a dispute, considers that holding a conference is desirable to prevent or settle the dispute.\n(sec.264-ssec.2) The commission may, by attendance notice, require a person to attend a conference at a stated time and place.\n(sec.264-ssec.3) A person may be required to attend the conference even though not directly involved in the dispute if the commission considers the person’s presence would be conducive to the prevention of, or the prompt settlement of, the dispute.\n(sec.264-ssec.4) A person required to attend must— attend the conference at the stated time and place; and continue to attend as directed by the commission. This subsection is a civil penalty provision.\n- (a) attend the conference at the stated time and place; and\n- (b) continue to attend as directed by the commission.","sortOrder":337},{"sectionNumber":"sec.265","sectionType":"section","heading":"Enforcing commission’s orders","content":"### sec.265 Enforcing commission’s orders\n\nThe commission may direct an order about a dispute to—\nan organisation; or\na person in a capacity as an officer or agent of an organisation; or\nany other person.\nIf an order may be directed to an organisation or a person, the commission may direct the order to the person only after considering whether it would be more appropriate to direct the order to the organisation.\nAn order must—\nif the order is made against a person—state the person’s name; and\nstate a time for complying with the order; and\ndirect any of the following to file an affidavit with the registrar within a stated time—\nthe organisation or person to whom the order is directed;\nthe party to the proceedings who sought the order;\nany other party to the proceedings the commission considers appropriate.\nAn affidavit under subsection (3) (c) must state whether there has been compliance with the order and, if the order has not been complied with, the steps the person is aware of that have been taken to comply.\nThe commission may extend a time stated under subsection (3) (b) or (c) .\nAt the end of the time stated or extended for filing an affidavit, the registrar must—\nexamine all affidavits filed; and\nif not all affidavits required to be filed have been filed by that time—make all necessary further inquiries; and\nhaving examined the affidavits filed and made the inquiries necessary, decide whether there has been substantial compliance with the order.\nIf the registrar is not satisfied that there has been substantial compliance with the order, the registrar must issue a notice (a show cause notice ) under the rules calling on the organisation or person to whom the order was directed to show cause to the full bench at a stated time why the organisation or person should not be dealt with under section 266 .\nIn this section—\nfull bench means the full bench constituted by 3 or more members, 1 of whom must be the president, vice-president or a deputy president (court).\n(sec.265-ssec.1) The commission may direct an order about a dispute to— an organisation; or a person in a capacity as an officer or agent of an organisation; or any other person.\n(sec.265-ssec.2) If an order may be directed to an organisation or a person, the commission may direct the order to the person only after considering whether it would be more appropriate to direct the order to the organisation.\n(sec.265-ssec.3) An order must— if the order is made against a person—state the person’s name; and state a time for complying with the order; and direct any of the following to file an affidavit with the registrar within a stated time— the organisation or person to whom the order is directed; the party to the proceedings who sought the order; any other party to the proceedings the commission considers appropriate.\n(sec.265-ssec.4) An affidavit under subsection (3) (c) must state whether there has been compliance with the order and, if the order has not been complied with, the steps the person is aware of that have been taken to comply.\n(sec.265-ssec.5) The commission may extend a time stated under subsection (3) (b) or (c) .\n(sec.265-ssec.6) At the end of the time stated or extended for filing an affidavit, the registrar must— examine all affidavits filed; and if not all affidavits required to be filed have been filed by that time—make all necessary further inquiries; and having examined the affidavits filed and made the inquiries necessary, decide whether there has been substantial compliance with the order.\n(sec.265-ssec.7) If the registrar is not satisfied that there has been substantial compliance with the order, the registrar must issue a notice (a show cause notice ) under the rules calling on the organisation or person to whom the order was directed to show cause to the full bench at a stated time why the organisation or person should not be dealt with under section 266 .\n(sec.265-ssec.8) In this section— full bench means the full bench constituted by 3 or more members, 1 of whom must be the president, vice-president or a deputy president (court).\n- (a) an organisation; or\n- (b) a person in a capacity as an officer or agent of an organisation; or\n- (c) any other person.\n- (a) if the order is made against a person—state the person’s name; and\n- (b) state a time for complying with the order; and\n- (c) direct any of the following to file an affidavit with the registrar within a stated time— (i) the organisation or person to whom the order is directed; (ii) the party to the proceedings who sought the order; (iii) any other party to the proceedings the commission considers appropriate.\n- (i) the organisation or person to whom the order is directed;\n- (ii) the party to the proceedings who sought the order;\n- (iii) any other party to the proceedings the commission considers appropriate.\n- (i) the organisation or person to whom the order is directed;\n- (ii) the party to the proceedings who sought the order;\n- (iii) any other party to the proceedings the commission considers appropriate.\n- (a) examine all affidavits filed; and\n- (b) if not all affidavits required to be filed have been filed by that time—make all necessary further inquiries; and\n- (c) having examined the affidavits filed and made the inquiries necessary, decide whether there has been substantial compliance with the order.","sortOrder":338},{"sectionNumber":"sec.266","sectionType":"section","heading":"Remedies on show cause notice","content":"### sec.266 Remedies on show cause notice\n\nIf an organisation issued with a show cause notice does not show cause at the stated time, the full bench may do 1 or more of the following—\nimpose on the organisation a penalty of not more than 1,000 penalty units;\namend a bargaining instrument to which the organisation is a party;\nif the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members;\nchange the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership;\nmake the orders it considers appropriate—\nto restrict the use of the organisation’s property; and\nto control the organisation’s property to ensure the restrictions are complied with;\nsuspend the organisation’s registration for a stated period;\nderegister the organisation;\nmake the other orders it considers appropriate—\nto secure the organisation’s compliance with the commission’s order; or\nto punish the organisation for not complying with the commission’s order;\norder the organisation to pay the costs of the show cause proceedings.\nIf a person issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following—\nimpose on the person a penalty of not more than 40 penalty units;\nmake the other orders it considers appropriate—\nto secure the person’s compliance with the commission’s order; or\nto punish the person for not complying with the commission’s order;\norder the person to pay the costs of the show cause proceedings.\nAll persons concerned must comply with an order or direction made or given by the full bench.\nIn this section—\norganisation includes a branch of an organisation.\nstated time means the time stated in the notice to show cause under section 265 (7) or the time to which the proceedings are adjourned.\n(sec.266-ssec.1) If an organisation issued with a show cause notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the organisation a penalty of not more than 1,000 penalty units; amend a bargaining instrument to which the organisation is a party; if the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members; change the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership; make the orders it considers appropriate— to restrict the use of the organisation’s property; and to control the organisation’s property to ensure the restrictions are complied with; suspend the organisation’s registration for a stated period; deregister the organisation; make the other orders it considers appropriate— to secure the organisation’s compliance with the commission’s order; or to punish the organisation for not complying with the commission’s order; order the organisation to pay the costs of the show cause proceedings.\n(sec.266-ssec.2) If a person issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the person a penalty of not more than 40 penalty units; make the other orders it considers appropriate— to secure the person’s compliance with the commission’s order; or to punish the person for not complying with the commission’s order; order the person to pay the costs of the show cause proceedings.\n(sec.266-ssec.3) All persons concerned must comply with an order or direction made or given by the full bench.\n(sec.266-ssec.4) In this section— organisation includes a branch of an organisation. stated time means the time stated in the notice to show cause under section 265 (7) or the time to which the proceedings are adjourned.\n- (a) impose on the organisation a penalty of not more than 1,000 penalty units;\n- (b) amend a bargaining instrument to which the organisation is a party;\n- (c) if the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members;\n- (d) change the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership;\n- (e) make the orders it considers appropriate— (i) to restrict the use of the organisation’s property; and (ii) to control the organisation’s property to ensure the restrictions are complied with;\n- (i) to restrict the use of the organisation’s property; and\n- (ii) to control the organisation’s property to ensure the restrictions are complied with;\n- (f) suspend the organisation’s registration for a stated period;\n- (g) deregister the organisation;\n- (h) make the other orders it considers appropriate— (i) to secure the organisation’s compliance with the commission’s order; or (ii) to punish the organisation for not complying with the commission’s order;\n- (i) to secure the organisation’s compliance with the commission’s order; or\n- (ii) to punish the organisation for not complying with the commission’s order;\n- (i) order the organisation to pay the costs of the show cause proceedings.\n- (i) to restrict the use of the organisation’s property; and\n- (ii) to control the organisation’s property to ensure the restrictions are complied with;\n- (i) to secure the organisation’s compliance with the commission’s order; or\n- (ii) to punish the organisation for not complying with the commission’s order;\n- (a) impose on the person a penalty of not more than 40 penalty units;\n- (b) make the other orders it considers appropriate— (i) to secure the person’s compliance with the commission’s order; or (ii) to punish the person for not complying with the commission’s order;\n- (i) to secure the person’s compliance with the commission’s order; or\n- (ii) to punish the person for not complying with the commission’s order;\n- (c) order the person to pay the costs of the show cause proceedings.\n- (i) to secure the person’s compliance with the commission’s order; or\n- (ii) to punish the person for not complying with the commission’s order;","sortOrder":339},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Industrial action","content":"# Industrial action","sortOrder":340},{"sectionNumber":"sec.267","sectionType":"section","heading":"Indemnity against agent’s unauthorised actions","content":"### sec.267 Indemnity against agent’s unauthorised actions\n\nAn organisation or association of persons is not liable for anything said or done by its agent, during or in connection with industrial action, if—\nthe agent acted without the knowledge of the governing body of the organisation or association; and\nthe governing body could not, by the exercise of reasonable diligence, have prevented the action.\n- (a) the agent acted without the knowledge of the governing body of the organisation or association; and\n- (b) the governing body could not, by the exercise of reasonable diligence, have prevented the action.","sortOrder":341},{"sectionNumber":"sec.268","sectionType":"section","heading":"Payments for strikes not compellable","content":"### sec.268 Payments for strikes not compellable\n\nAn employer may pay, or refuse to pay, an employee for a period when the employee engages in a strike.\nAn employee must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.\nAn employee organisation, or an officer, member or employee of the organisation, must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.\nFor subsection (3) , action is taken to have been done by an organisation if it is done by—\nthe organisation’s management committee; or\nan officer, employee or agent of the organisation acting in that capacity; or\na member or group of members of the organisation acting under the organisation’s rules; or\na member of the organisation, who performs the function of dealing with an employer on behalf of the member and other members of the organisation, acting in that capacity.\nSubsection (4) (c) or (d) does not apply if any of the following persons has taken reasonable steps to prevent the action—\nthe organisation’s management committee;\na person authorised by the committee;\nan officer of the organisation.\nA contravention of subsection (2) or (3) is not an offence, but the commission may make an order for the contravention.\nIn this section—\nstrike does not include the failure to perform work in excess of work required under a bargaining instrument.\n(sec.268-ssec.1) An employer may pay, or refuse to pay, an employee for a period when the employee engages in a strike.\n(sec.268-ssec.2) An employee must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.\n(sec.268-ssec.3) An employee organisation, or an officer, member or employee of the organisation, must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.\n(sec.268-ssec.4) For subsection (3) , action is taken to have been done by an organisation if it is done by— the organisation’s management committee; or an officer, employee or agent of the organisation acting in that capacity; or a member or group of members of the organisation acting under the organisation’s rules; or a member of the organisation, who performs the function of dealing with an employer on behalf of the member and other members of the organisation, acting in that capacity.\n(sec.268-ssec.5) Subsection (4) (c) or (d) does not apply if any of the following persons has taken reasonable steps to prevent the action— the organisation’s management committee; a person authorised by the committee; an officer of the organisation.\n(sec.268-ssec.6) A contravention of subsection (2) or (3) is not an offence, but the commission may make an order for the contravention.\n(sec.268-ssec.7) In this section— strike does not include the failure to perform work in excess of work required under a bargaining instrument.\n- (a) the organisation’s management committee; or\n- (b) an officer, employee or agent of the organisation acting in that capacity; or\n- (c) a member or group of members of the organisation acting under the organisation’s rules; or\n- (d) a member of the organisation, who performs the function of dealing with an employer on behalf of the member and other members of the organisation, acting in that capacity.\n- (a) the organisation’s management committee;\n- (b) a person authorised by the committee;\n- (c) an officer of the organisation.","sortOrder":342},{"sectionNumber":"sec.269","sectionType":"section","heading":"Orders for contravention of s 268","content":"### sec.269 Orders for contravention of s 268\n\nThe commission may, on application, make an order for a contravention of section 268 .\nAn application may be made by any of the following—\nthe Minister;\na person or organisation who has an interest in the matter;\nthe employer against whom the strike was organised, engaged in or threatened;\na person prescribed by regulation.\nThe commission may, if it considers it appropriate in all the circumstances, make 1 or more of the following orders—\nan order imposing on a person or organisation who contravenes section 268 a penalty of not more than 135 penalty units;\nan order requiring a person or organisation who contravenes section 268 to pay the employer against whom the strike was organised, engaged in or threatened compensation of an amount the commission considers appropriate;\nan injunctive order (including an interim injunction), and any other order, the commission considers necessary to stop the contravention or remedy its effects;\nanother consequential order.\n(sec.269-ssec.1) The commission may, on application, make an order for a contravention of section 268 .\n(sec.269-ssec.2) An application may be made by any of the following— the Minister; a person or organisation who has an interest in the matter; the employer against whom the strike was organised, engaged in or threatened; a person prescribed by regulation.\n(sec.269-ssec.3) The commission may, if it considers it appropriate in all the circumstances, make 1 or more of the following orders— an order imposing on a person or organisation who contravenes section 268 a penalty of not more than 135 penalty units; an order requiring a person or organisation who contravenes section 268 to pay the employer against whom the strike was organised, engaged in or threatened compensation of an amount the commission considers appropriate; an injunctive order (including an interim injunction), and any other order, the commission considers necessary to stop the contravention or remedy its effects; another consequential order.\n- (a) the Minister;\n- (b) a person or organisation who has an interest in the matter;\n- (c) the employer against whom the strike was organised, engaged in or threatened;\n- (d) a person prescribed by regulation.\n- (a) an order imposing on a person or organisation who contravenes section 268 a penalty of not more than 135 penalty units;\n- (b) an order requiring a person or organisation who contravenes section 268 to pay the employer against whom the strike was organised, engaged in or threatened compensation of an amount the commission considers appropriate;\n- (c) an injunctive order (including an interim injunction), and any other order, the commission considers necessary to stop the contravention or remedy its effects;\n- (d) another consequential order.","sortOrder":343},{"sectionNumber":"sec.270","sectionType":"section","heading":"Commission must not deal with claims for payments for strikes","content":"### sec.270 Commission must not deal with claims for payments for strikes\n\nThe commission must not deal with a claim for the making of a payment under section 268 (1) to an employee for a period when the employee engages in a strike.\nSubsection (1) applies in relation to a claim whether the claim is for a period before or after—\nthe making of the claim; or\nthe commencement.\n(sec.270-ssec.1) The commission must not deal with a claim for the making of a payment under section 268 (1) to an employee for a period when the employee engages in a strike.\n(sec.270-ssec.2) Subsection (1) applies in relation to a claim whether the claim is for a period before or after— the making of the claim; or the commencement.\n- (a) the making of the claim; or\n- (b) the commencement.","sortOrder":344},{"sectionNumber":"sec.271","sectionType":"section","heading":"Right to refuse work if imminent health or safety risk","content":"### sec.271 Right to refuse work if imminent health or safety risk\n\nThis Act does not prevent an employee from refusing to perform work if—\nthe refusal is based on a reasonable concern by the employee about an imminent risk to the employee’s health or safety; and\nthe employee does not unreasonably contravene a direction of the employee’s employer to perform other available work (whether at the same or another workplace) that is safe and appropriate for the employee to perform.\ns 271 amd 2022 No. 27 s 3 sch 1\n- (a) the refusal is based on a reasonable concern by the employee about an imminent risk to the employee’s health or safety; and\n- (b) the employee does not unreasonably contravene a direction of the employee’s employer to perform other available work (whether at the same or another workplace) that is safe and appropriate for the employee to perform.","sortOrder":345},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"General protections","content":"# General protections","sortOrder":346},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":347},{"sectionNumber":"sec.278","sectionType":"section","heading":"Purposes of part","content":"### sec.278 Purposes of part\n\nThe purposes of this part are as follows—\nto protect workplace rights;\nto protect freedom of association by ensuring that persons are—\nfree to become, or not become, members of industrial organisations; and\nfree to be represented, or not represented, by industrial organisations; and\nfree to participate, or not participate, in lawful industrial activities;\nto provide protection from workplace discrimination;\nto provide effective relief for persons who have been discriminated against, victimised or otherwise adversely affected as a result of contraventions of this part.\nThe protections contained in subsection (1) are provided to a person (whether an employee, an employer or otherwise).\ns 278 amd 2022 No. 27 s 3 sch 1\n(sec.278-ssec.1) The purposes of this part are as follows— to protect workplace rights; to protect freedom of association by ensuring that persons are— free to become, or not become, members of industrial organisations; and free to be represented, or not represented, by industrial organisations; and free to participate, or not participate, in lawful industrial activities; to provide protection from workplace discrimination; to provide effective relief for persons who have been discriminated against, victimised or otherwise adversely affected as a result of contraventions of this part.\n(sec.278-ssec.2) The protections contained in subsection (1) are provided to a person (whether an employee, an employer or otherwise).\n- (a) to protect workplace rights;\n- (b) to protect freedom of association by ensuring that persons are— (i) free to become, or not become, members of industrial organisations; and (ii) free to be represented, or not represented, by industrial organisations; and (iii) free to participate, or not participate, in lawful industrial activities;\n- (i) free to become, or not become, members of industrial organisations; and\n- (ii) free to be represented, or not represented, by industrial organisations; and\n- (iii) free to participate, or not participate, in lawful industrial activities;\n- (c) to provide protection from workplace discrimination;\n- (d) to provide effective relief for persons who have been discriminated against, victimised or otherwise adversely affected as a result of contraventions of this part.\n- (i) free to become, or not become, members of industrial organisations; and\n- (ii) free to be represented, or not represented, by industrial organisations; and\n- (iii) free to participate, or not participate, in lawful industrial activities;","sortOrder":348},{"sectionNumber":"sec.279","sectionType":"section","heading":"Definitions","content":"### sec.279 Definitions\n\nIn this part—\naction includes omission.\nadverse action see section 282 .\nengages in industrial activity see section 290 .\nindustrial association ...\ns 279 def industrial association om 2022 No. 27 s 33\nprocess or proceedings under an industrial law or industrial instrument see section 283 .\nworkplace right see section 284 .","sortOrder":349},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Application of this part","content":"## Application of this part","sortOrder":350},{"sectionNumber":"sec.280","sectionType":"section","heading":"Action to which this part applies","content":"### sec.280 Action to which this part applies\n\nSubject to section 281 , this part applies to the following action—\naction taken by an employer;\naction that affects, is capable of affecting or is taken with intent to affect the activities, relationships or business of an employer;\naction that consists of advising, encouraging or inciting, or action taken with intent to coerce, an employer—\nto take, or not take, particular action in relation to another person; or\nto threaten to take, or not take, particular action in relation to another person.\n- (a) action taken by an employer;\n- (b) action that affects, is capable of affecting or is taken with intent to affect the activities, relationships or business of an employer;\n- (c) action that consists of advising, encouraging or inciting, or action taken with intent to coerce, an employer— (i) to take, or not take, particular action in relation to another person; or (ii) to threaten to take, or not take, particular action in relation to another person.\n- (i) to take, or not take, particular action in relation to another person; or\n- (ii) to threaten to take, or not take, particular action in relation to another person.\n- (i) to take, or not take, particular action in relation to another person; or\n- (ii) to threaten to take, or not take, particular action in relation to another person.","sortOrder":351},{"sectionNumber":"sec.281","sectionType":"section","heading":"Action to which this part does not apply","content":"### sec.281 Action to which this part does not apply\n\nThis part does not apply to—\naction mentioned in section 280 if the Commonwealth Fair Work Act , chapter 3 , part 3–1 applies to the action; or\nan action for unfair dismissal.\nSee part 2 for actions for unfair dismissal.\n- (a) action mentioned in section 280 if the Commonwealth Fair Work Act , chapter 3 , part 3–1 applies to the action; or\n- (b) an action for unfair dismissal.","sortOrder":352},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Workplace rights","content":"## Workplace rights","sortOrder":353},{"sectionNumber":"sec.282","sectionType":"section","heading":"Meaning of adverse action","content":"### sec.282 Meaning of adverse action\n\nAdverse action is taken by an employer against an employee if the employer—\ndismisses the employee; or\ninjures the employee in the employee’s employment; or\nalters the position of the employee to the employee’s prejudice; or\ndiscriminates between the employee and other employees of the employer.\nAdverse action is taken by a prospective employer against a prospective employee if the prospective employer—\nrefuses to employ the prospective employee; or\ndiscriminates against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee.\nAdverse action is taken by an employee against an employer if the employee—\nceases work in the service of the employer; or\ntakes industrial action against the employer.\nAdverse action is taken by an industrial organisation, or an officer or member of an industrial organisation, against a person if the organisation, or the officer or member of the organisation—\norganises or takes industrial action against the person; or\ntakes action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment; or\nif the person is a member of the organisation—imposes a penalty, forfeiture or disability of any kind on the member (other than in relation to an amount legally owed to the organisation by the member).\nAdverse action includes—\nthreatening to take action covered by subsections (1) to (4) ; and\norganising to take action covered by subsections (1) to (4) .\nAdverse action does not include action that is authorised under—\nthis Act or any other law of the State; or\na law of the Commonwealth.\nWithout limiting subsection (6) , adverse action does not include an employer standing down an employee who is engaged in protected industrial action and employed under a contract of employment that provides for the employer to stand down the employee in the circumstances.\ns 282 amd 2022 No. 27 s 3 sch 1\n(sec.282-ssec.1) Adverse action is taken by an employer against an employee if the employer— dismisses the employee; or injures the employee in the employee’s employment; or alters the position of the employee to the employee’s prejudice; or discriminates between the employee and other employees of the employer.\n(sec.282-ssec.2) Adverse action is taken by a prospective employer against a prospective employee if the prospective employer— refuses to employ the prospective employee; or discriminates against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee.\n(sec.282-ssec.3) Adverse action is taken by an employee against an employer if the employee— ceases work in the service of the employer; or takes industrial action against the employer.\n(sec.282-ssec.4) Adverse action is taken by an industrial organisation, or an officer or member of an industrial organisation, against a person if the organisation, or the officer or member of the organisation— organises or takes industrial action against the person; or takes action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment; or if the person is a member of the organisation—imposes a penalty, forfeiture or disability of any kind on the member (other than in relation to an amount legally owed to the organisation by the member).\n(sec.282-ssec.5) Adverse action includes— threatening to take action covered by subsections (1) to (4) ; and organising to take action covered by subsections (1) to (4) .\n(sec.282-ssec.6) Adverse action does not include action that is authorised under— this Act or any other law of the State; or a law of the Commonwealth.\n(sec.282-ssec.7) Without limiting subsection (6) , adverse action does not include an employer standing down an employee who is engaged in protected industrial action and employed under a contract of employment that provides for the employer to stand down the employee in the circumstances.\n- (a) dismisses the employee; or\n- (b) injures the employee in the employee’s employment; or\n- (c) alters the position of the employee to the employee’s prejudice; or\n- (d) discriminates between the employee and other employees of the employer.\n- (a) refuses to employ the prospective employee; or\n- (b) discriminates against the prospective employee in the terms or conditions on which the prospective employer offers to employ the prospective employee.\n- (a) ceases work in the service of the employer; or\n- (b) takes industrial action against the employer.\n- (a) organises or takes industrial action against the person; or\n- (b) takes action that has the effect, directly or indirectly, of prejudicing the person in the person’s employment or prospective employment; or\n- (c) if the person is a member of the organisation—imposes a penalty, forfeiture or disability of any kind on the member (other than in relation to an amount legally owed to the organisation by the member).\n- (a) threatening to take action covered by subsections (1) to (4) ; and\n- (b) organising to take action covered by subsections (1) to (4) .\n- (a) this Act or any other law of the State; or\n- (b) a law of the Commonwealth.","sortOrder":354},{"sectionNumber":"sec.283","sectionType":"section","heading":"Meaning of process or proceedings under an industrial law or industrial instrument","content":"### sec.283 Meaning of process or proceedings under an industrial law or industrial instrument\n\nEach of the following is a process or proceedings under an industrial law or industrial instrument —\nany conference conducted, or hearing held, by the commission or the court;\ncourt proceedings under an industrial law or industrial instrument;\nprotected industrial action;\na process under section 235 (2) for employees to express their democratic views about proposed industrial action before it is engaged in;\ncertifying, making, amending or terminating a bargaining instrument under chapter 4 ;\nagreeing to cash out paid annual leave;\nmaking a request under chapter 2 , part 3 , division 4 ;\ndispute settlement for which provision is made by, or under, an industrial law or industrial instrument;\nany other process or proceedings under an industrial law or industrial instrument.\n- (a) any conference conducted, or hearing held, by the commission or the court;\n- (b) court proceedings under an industrial law or industrial instrument;\n- (c) protected industrial action;\n- (d) a process under section 235 (2) for employees to express their democratic views about proposed industrial action before it is engaged in;\n- (e) certifying, making, amending or terminating a bargaining instrument under chapter 4 ;\n- (f) agreeing to cash out paid annual leave;\n- (g) making a request under chapter 2 , part 3 , division 4 ;\n- (h) dispute settlement for which provision is made by, or under, an industrial law or industrial instrument;\n- (i) any other process or proceedings under an industrial law or industrial instrument.","sortOrder":355},{"sectionNumber":"sec.284","sectionType":"section","heading":"Meaning of workplace right","content":"### sec.284 Meaning of workplace right\n\nA person has a workplace right if the person—\nhas a right to the benefit of, or has a role or responsibility under, an industrial law, industrial instrument or order made by an industrial body; or\nis able to start, or participate in, a process or proceedings under an industrial law or industrial instrument; or\nis able to make a complaint or inquiry—\nto an entity having the capacity under an industrial law to seek compliance with that law or an industrial instrument; or\nif the person is an employee—in relation to the person’s employment.\nIn this section—\nindustrial body means—\nthe commission; or\nthe court, or another court or commission (however called), exercising industrial law functions and powers corresponding to the commission’s functions and powers.\ns 284 amd 2022 No. 27 s 3 sch 1\n(sec.284-ssec.1) A person has a workplace right if the person— has a right to the benefit of, or has a role or responsibility under, an industrial law, industrial instrument or order made by an industrial body; or is able to start, or participate in, a process or proceedings under an industrial law or industrial instrument; or is able to make a complaint or inquiry— to an entity having the capacity under an industrial law to seek compliance with that law or an industrial instrument; or if the person is an employee—in relation to the person’s employment.\n(sec.284-ssec.2) In this section— industrial body means— the commission; or the court, or another court or commission (however called), exercising industrial law functions and powers corresponding to the commission’s functions and powers.\n- (a) has a right to the benefit of, or has a role or responsibility under, an industrial law, industrial instrument or order made by an industrial body; or\n- (b) is able to start, or participate in, a process or proceedings under an industrial law or industrial instrument; or\n- (c) is able to make a complaint or inquiry— (i) to an entity having the capacity under an industrial law to seek compliance with that law or an industrial instrument; or (ii) if the person is an employee—in relation to the person’s employment.\n- (i) to an entity having the capacity under an industrial law to seek compliance with that law or an industrial instrument; or\n- (ii) if the person is an employee—in relation to the person’s employment.\n- (i) to an entity having the capacity under an industrial law to seek compliance with that law or an industrial instrument; or\n- (ii) if the person is an employee—in relation to the person’s employment.\n- (a) the commission; or\n- (b) the court, or another court or commission (however called), exercising industrial law functions and powers corresponding to the commission’s functions and powers.","sortOrder":356},{"sectionNumber":"sec.285","sectionType":"section","heading":"Protection","content":"### sec.285 Protection\n\nA person must not take adverse action against another person—\nbecause the other person—\nhas a workplace right; or\nhas, or has not, exercised a workplace right; or\nproposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or\nto prevent the exercise of a workplace right by the other person.\nThis subsection is a civil penalty provision.\nA person must not take adverse action against another person (the second person ) because a third person has exercised, or proposes to or has at any time proposed to exercise, a workplace right for the second person’s benefit or for the benefit of a class of persons to which the second person belongs.\nThis subsection is a civil penalty provision.\n(sec.285-ssec.1) A person must not take adverse action against another person— because the other person— has a workplace right; or has, or has not, exercised a workplace right; or proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or to prevent the exercise of a workplace right by the other person. This subsection is a civil penalty provision.\n(sec.285-ssec.2) A person must not take adverse action against another person (the second person ) because a third person has exercised, or proposes to or has at any time proposed to exercise, a workplace right for the second person’s benefit or for the benefit of a class of persons to which the second person belongs. This subsection is a civil penalty provision.\n- (a) because the other person— (i) has a workplace right; or (ii) has, or has not, exercised a workplace right; or (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or\n- (i) has a workplace right; or\n- (ii) has, or has not, exercised a workplace right; or\n- (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or\n- (b) to prevent the exercise of a workplace right by the other person.\n- (i) has a workplace right; or\n- (ii) has, or has not, exercised a workplace right; or\n- (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or","sortOrder":357},{"sectionNumber":"sec.286","sectionType":"section","heading":"Prospective employees taken to have workplace rights","content":"### sec.286 Prospective employees taken to have workplace rights\n\nA prospective employee is taken to have the workplace rights the person would have if the person were employed in the prospective employment by the prospective employer.\nDespite section 284 (1) (a) , a prospective employer does not contravene section 285 (1) if the prospective employer refuses to employ a prospective employee because the prospective employee would be entitled to the benefit of a bargaining instrument that the prospective employer is bound by under section 222 because of the transfer of the whole or part of a business to the prospective employer from another employer.\ns 286 amd 2022 No. 27 s 3 sch 1\n(sec.286-ssec.1) A prospective employee is taken to have the workplace rights the person would have if the person were employed in the prospective employment by the prospective employer.\n(sec.286-ssec.2) Despite section 284 (1) (a) , a prospective employer does not contravene section 285 (1) if the prospective employer refuses to employ a prospective employee because the prospective employee would be entitled to the benefit of a bargaining instrument that the prospective employer is bound by under section 222 because of the transfer of the whole or part of a business to the prospective employer from another employer.","sortOrder":358},{"sectionNumber":"sec.287","sectionType":"section","heading":"Coercion","content":"### sec.287 Coercion\n\nA person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person or a third person—\nto exercise or not exercise, or to propose to exercise or not exercise, a workplace right; or\nto exercise, or to propose to exercise, a workplace right in a particular way.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply to protected industrial action.\n(sec.287-ssec.1) A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person or a third person— to exercise or not exercise, or to propose to exercise or not exercise, a workplace right; or to exercise, or to propose to exercise, a workplace right in a particular way. This subsection is a civil penalty provision.\n(sec.287-ssec.2) Subsection (1) does not apply to protected industrial action.\n- (a) to exercise or not exercise, or to propose to exercise or not exercise, a workplace right; or\n- (b) to exercise, or to propose to exercise, a workplace right in a particular way.","sortOrder":359},{"sectionNumber":"sec.288","sectionType":"section","heading":"Undue influence or pressure","content":"### sec.288 Undue influence or pressure\n\nAn employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee—\nto make or not make an agreement or arrangement under the Queensland Employment Standards; or\nto make or not make an agreement or arrangement under a term of an industrial instrument; or\nto agree or not agree to a deduction from amounts payable to the employee in relation to the performance of work.\nThis section is a civil penalty provision.\nThis section can apply to decisions whether to agree to performing work on keeping in touch days—see section 80 .\n- (a) to make or not make an agreement or arrangement under the Queensland Employment Standards; or\n- (b) to make or not make an agreement or arrangement under a term of an industrial instrument; or\n- (c) to agree or not agree to a deduction from amounts payable to the employee in relation to the performance of work.","sortOrder":360},{"sectionNumber":"sec.289","sectionType":"section","heading":"Misrepresentations","content":"### sec.289 Misrepresentations\n\nA person must not knowingly or recklessly make a false or misleading representation to another person about—\nthe workplace rights of the other person or a third person; or\nthe exercise, or the effect of the exercise, of a workplace right by the other person or a third person.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.\n(sec.289-ssec.1) A person must not knowingly or recklessly make a false or misleading representation to another person about— the workplace rights of the other person or a third person; or the exercise, or the effect of the exercise, of a workplace right by the other person or a third person. This subsection is a civil penalty provision.\n(sec.289-ssec.2) Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.\n- (a) the workplace rights of the other person or a third person; or\n- (b) the exercise, or the effect of the exercise, of a workplace right by the other person or a third person.","sortOrder":361},{"sectionNumber":"ch.8-pt.1-div.4","sectionType":"division","heading":"Industrial activities","content":"## Industrial activities","sortOrder":362},{"sectionNumber":"sec.290","sectionType":"section","heading":"Meaning of engages in industrial activity","content":"### sec.290 Meaning of engages in industrial activity\n\nA person engages in industrial activity if the person—\nbecomes or does not become, or remains or stops being, an officer or member of an industrial organisation; or\ndoes or does not—\nbecome involved in establishing an industrial organisation; or\norganise or promote a lawful activity for, or on behalf of, an industrial organisation; or\nencourage, or participate in, a lawful activity organised or promoted by an industrial organisation; or\ncomply with a lawful request made by, or a lawful requirement of, an industrial organisation; or\nrepresent or advance the views, claims or interests of an industrial organisation; or\npay a fee (however described) to an industrial organisation or to someone instead of an industrial organisation; or\nseek to be represented by an industrial organisation; or\nFor subparagraph (vii) , representation of a person by an industrial organisation includes a member, delegate or officer of the industrial organisation making representations or advocating on the person’s behalf.\ngives or distributes information, or organises or encourages discussion, about the following matters for, or on behalf of, an industrial organisation—\nthe wages and employment conditions of employees;\nworkplace rights; or\norganises or promotes an unlawful activity for, or on behalf of, an industrial organisation; or\nencourages, or participates in, an unlawful activity organised or promoted by an industrial organisation; or\ncomplies with an unlawful request made by, or an unlawful requirement of, an industrial organisation; or\ntakes part in industrial action that is not protected industrial action.\ns 290 amd 2022 No. 27 s 34\n- (a) becomes or does not become, or remains or stops being, an officer or member of an industrial organisation; or\n- (b) does or does not— (i) become involved in establishing an industrial organisation; or (ii) organise or promote a lawful activity for, or on behalf of, an industrial organisation; or (iii) encourage, or participate in, a lawful activity organised or promoted by an industrial organisation; or (iv) comply with a lawful request made by, or a lawful requirement of, an industrial organisation; or (v) represent or advance the views, claims or interests of an industrial organisation; or (vi) pay a fee (however described) to an industrial organisation or to someone instead of an industrial organisation; or (vii) seek to be represented by an industrial organisation; or Note— For subparagraph (vii) , representation of a person by an industrial organisation includes a member, delegate or officer of the industrial organisation making representations or advocating on the person’s behalf.\n- (i) become involved in establishing an industrial organisation; or\n- (ii) organise or promote a lawful activity for, or on behalf of, an industrial organisation; or\n- (iii) encourage, or participate in, a lawful activity organised or promoted by an industrial organisation; or\n- (iv) comply with a lawful request made by, or a lawful requirement of, an industrial organisation; or\n- (v) represent or advance the views, claims or interests of an industrial organisation; or\n- (vi) pay a fee (however described) to an industrial organisation or to someone instead of an industrial organisation; or\n- (vii) seek to be represented by an industrial organisation; or\n- (c) gives or distributes information, or organises or encourages discussion, about the following matters for, or on behalf of, an industrial organisation— (i) the wages and employment conditions of employees; (ii) workplace rights; or\n- (i) the wages and employment conditions of employees;\n- (ii) workplace rights; or\n- (d) organises or promotes an unlawful activity for, or on behalf of, an industrial organisation; or\n- (e) encourages, or participates in, an unlawful activity organised or promoted by an industrial organisation; or\n- (f) complies with an unlawful request made by, or an unlawful requirement of, an industrial organisation; or\n- (g) takes part in industrial action that is not protected industrial action.\n- (i) become involved in establishing an industrial organisation; or\n- (ii) organise or promote a lawful activity for, or on behalf of, an industrial organisation; or\n- (iii) encourage, or participate in, a lawful activity organised or promoted by an industrial organisation; or\n- (iv) comply with a lawful request made by, or a lawful requirement of, an industrial organisation; or\n- (v) represent or advance the views, claims or interests of an industrial organisation; or\n- (vi) pay a fee (however described) to an industrial organisation or to someone instead of an industrial organisation; or\n- (vii) seek to be represented by an industrial organisation; or\n- (i) the wages and employment conditions of employees;\n- (ii) workplace rights; or","sortOrder":363},{"sectionNumber":"sec.291","sectionType":"section","heading":"Protection","content":"### sec.291 Protection\n\nA person must not take adverse action against another person because the other person—\nis or is not, or was or was not, an officer or member of an industrial organisation; or\nengages, or has at any time engaged or proposed to engage, in industrial activity within the meaning of section 290 (a) or (b) ; or\ndoes not engage, or has at any time not engaged or proposed to not engage, in industrial activity within the meaning of section 290 (d) to (g) .\nThis section is a civil penalty provision.\ns 291 amd 2022 No. 27 s 3 sch 1\n- (a) is or is not, or was or was not, an officer or member of an industrial organisation; or\n- (b) engages, or has at any time engaged or proposed to engage, in industrial activity within the meaning of section 290 (a) or (b) ; or\n- (c) does not engage, or has at any time not engaged or proposed to not engage, in industrial activity within the meaning of section 290 (d) to (g) .","sortOrder":364},{"sectionNumber":"sec.292","sectionType":"section","heading":"Coercion","content":"### sec.292 Coercion\n\nA person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person or a third person to engage in industrial activity.\nThis section is a civil penalty provision.","sortOrder":365},{"sectionNumber":"sec.293","sectionType":"section","heading":"Misrepresentations—engaging in industrial activity","content":"### sec.293 Misrepresentations—engaging in industrial activity\n\nA person must not knowingly or recklessly make a false or misleading representation to another person about either of the following—\nthe other person’s or a third person’s obligation to engage in industrial activity;\nthe other person’s or a third person’s obligation to disclose whether a person—\nis or is not, or was or was not, an officer or member of an industrial organisation; or\nis or is not engaging, or has or has not engaged, in industrial activity.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.\ns 293 amd 2022 No. 27 s 35\n(sec.293-ssec.1) A person must not knowingly or recklessly make a false or misleading representation to another person about either of the following— the other person’s or a third person’s obligation to engage in industrial activity; the other person’s or a third person’s obligation to disclose whether a person— is or is not, or was or was not, an officer or member of an industrial organisation; or is or is not engaging, or has or has not engaged, in industrial activity. This subsection is a civil penalty provision.\n(sec.293-ssec.2) Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.\n- (a) the other person’s or a third person’s obligation to engage in industrial activity;\n- (b) the other person’s or a third person’s obligation to disclose whether a person— (i) is or is not, or was or was not, an officer or member of an industrial organisation; or (ii) is or is not engaging, or has or has not engaged, in industrial activity. Note— This subsection is a civil penalty provision.\n- (i) is or is not, or was or was not, an officer or member of an industrial organisation; or\n- (ii) is or is not engaging, or has or has not engaged, in industrial activity.\n- (i) is or is not, or was or was not, an officer or member of an industrial organisation; or\n- (ii) is or is not engaging, or has or has not engaged, in industrial activity.","sortOrder":366},{"sectionNumber":"sec.293A","sectionType":"section","heading":"Misrepresentations—right to represent","content":"### sec.293A Misrepresentations—right to represent\n\nThis section applies in relation to an entity that is not an organisation.\nA person or other entity must not make a false or misleading representation to another person that the person or entity has the right to represent the industrial interests of a person or a particular group of persons.\nThis subsection is a civil penalty provision.\nFor subsection (2) , an entity does not have the right to represent the industrial interests of a person or a particular group of persons only because the entity’s rules state it has that right.\ns 293A ins 2022 No. 27 s 36\n(sec.293A-ssec.1) This section applies in relation to an entity that is not an organisation.\n(sec.293A-ssec.2) A person or other entity must not make a false or misleading representation to another person that the person or entity has the right to represent the industrial interests of a person or a particular group of persons. This subsection is a civil penalty provision.\n(sec.293A-ssec.3) For subsection (2) , an entity does not have the right to represent the industrial interests of a person or a particular group of persons only because the entity’s rules state it has that right.","sortOrder":367},{"sectionNumber":"sec.294","sectionType":"section","heading":"Inducements—membership action","content":"### sec.294 Inducements—membership action\n\nAn employer must not induce an employee to take, or propose to take, membership action.\nThis subsection is a civil penalty provision.\nA person takes membership action if the person becomes, does not become, remains or stops being an officer or member of an industrial organisation.\ns 294 amd 2022 No. 27 s 3 sch 1\n(sec.294-ssec.1) An employer must not induce an employee to take, or propose to take, membership action. This subsection is a civil penalty provision.\n(sec.294-ssec.2) A person takes membership action if the person becomes, does not become, remains or stops being an officer or member of an industrial organisation.","sortOrder":368},{"sectionNumber":"ch.8-pt.1-div.5","sectionType":"division","heading":"Other protections","content":"## Other protections","sortOrder":369},{"sectionNumber":"sec.295","sectionType":"section","heading":"Discrimination","content":"### sec.295 Discrimination\n\nAn employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, sex work activity, gender identity, sexuality, family responsibilities or association with, or in relation to, a person identified on the basis of any of these attributes.\nThis subsection is a civil penalty provision.\nHowever, subsection (1) does not apply to action that is—\nnot unlawful under an anti-discrimination law; or\ntaken because of the inherent requirements of the particular position concerned; or\nif the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken—\nin good faith; and\nto avoid injury to the religious susceptibilities of adherents of that religion or creed.\nEach of the following is an anti-discrimination law —\nthe Age Discrimination Act 2004 (Cwlth) ;\nthe Disability Discrimination Act 1992 (Cwlth) ;\nthe Racial Discrimination Act 1975 (Cwlth) ;\nthe Sex Discrimination Act 1984 (Cwlth) ;\nthe Anti-Discrimination Act 1991 .\ns 295 amd 2024 No. 23 s 36 sch 1\n(sec.295-ssec.1) An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, sex work activity, gender identity, sexuality, family responsibilities or association with, or in relation to, a person identified on the basis of any of these attributes. This subsection is a civil penalty provision.\n(sec.295-ssec.2) However, subsection (1) does not apply to action that is— not unlawful under an anti-discrimination law; or taken because of the inherent requirements of the particular position concerned; or if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken— in good faith; and to avoid injury to the religious susceptibilities of adherents of that religion or creed.\n(sec.295-ssec.3) Each of the following is an anti-discrimination law — the Age Discrimination Act 2004 (Cwlth) ; the Disability Discrimination Act 1992 (Cwlth) ; the Racial Discrimination Act 1975 (Cwlth) ; the Sex Discrimination Act 1984 (Cwlth) ; the Anti-Discrimination Act 1991 .\n- (a) not unlawful under an anti-discrimination law; or\n- (b) taken because of the inherent requirements of the particular position concerned; or\n- (c) if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, taken— (i) in good faith; and (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.\n- (i) in good faith; and\n- (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.\n- (i) in good faith; and\n- (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.\n- (a) the Age Discrimination Act 2004 (Cwlth) ;\n- (b) the Disability Discrimination Act 1992 (Cwlth) ;\n- (c) the Racial Discrimination Act 1975 (Cwlth) ;\n- (d) the Sex Discrimination Act 1984 (Cwlth) ;\n- (e) the Anti-Discrimination Act 1991 .","sortOrder":370},{"sectionNumber":"sec.296","sectionType":"section","heading":"Domestic violence","content":"### sec.296 Domestic violence\n\nAn employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because someone has committed, or is committing, domestic violence against the person.\nThis subsection is a civil penalty provision.\nFor subsection (1) , it is not necessary that the person have the benefit of, or be named as the aggrieved under, any of the following—\na domestic violence order;\na police protection direction;\na police protection notice;\nan application for a domestic violence order.\nIn this section—\naggrieved has the meaning given by the Domestic and Family Violence Protection Act 2012 .\ndomestic violence order has the meaning given by the Domestic and Family Violence Protection Act 2012 .\npolice protection direction has the meaning given by the Domestic and Family Violence Protection Act 2012 .\npolice protection notice has the meaning given by the Domestic and Family Violence Protection Act 2012 .\ns 296 amd 2025 No. 18 s 83 sch 1\n(sec.296-ssec.1) An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because someone has committed, or is committing, domestic violence against the person. This subsection is a civil penalty provision.\n(sec.296-ssec.2) For subsection (1) , it is not necessary that the person have the benefit of, or be named as the aggrieved under, any of the following— a domestic violence order; a police protection direction; a police protection notice; an application for a domestic violence order.\n(sec.296-ssec.3) In this section— aggrieved has the meaning given by the Domestic and Family Violence Protection Act 2012 . domestic violence order has the meaning given by the Domestic and Family Violence Protection Act 2012 . police protection direction has the meaning given by the Domestic and Family Violence Protection Act 2012 . police protection notice has the meaning given by the Domestic and Family Violence Protection Act 2012 .\n- (a) a domestic violence order;\n- (b) a police protection direction;\n- (c) a police protection notice;\n- (d) an application for a domestic violence order.","sortOrder":371},{"sectionNumber":"sec.297","sectionType":"section","heading":"Temporary absence—illness or injury","content":"### sec.297 Temporary absence—illness or injury\n\nAn employer must not dismiss an employee because the employee is temporarily absent from work—\nbecause of prescribed illness or prescribed injury; or\nfor any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable—\nthe employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation;\nthe employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation;\nthe employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation.\nThis subsection is a civil remedy provision.\nIn this section—\nprescribed means prescribed by regulation.\ns 297 amd 2024 No. 18 s 39 sch 1 ; 2024 No. 22 s 92 sch 1\n(sec.297-ssec.1) An employer must not dismiss an employee because the employee is temporarily absent from work— because of prescribed illness or prescribed injury; or for any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable— the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation. This subsection is a civil remedy provision.\n(sec.297-ssec.2) In this section— prescribed means prescribed by regulation.\n- (a) because of prescribed illness or prescribed injury; or\n- (b) for any of the following reasons if, having regard to all the circumstances, the period of absence is reasonable— (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation; (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation; (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation.\n- (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation;\n- (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation;\n- (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation.\n- (i) the employee is an SES member under the State Emergency Service Act 2024 and is absent for the purpose of performing an SES function under that Act in an emergency situation;\n- (ii) the employee is a member of a rural fire brigade under the Fire Services Act 1990 and is absent for the purpose of performing a function of a rural fire brigade under that Act in an emergency situation;\n- (iii) the employee is an honorary ambulance officer under the Ambulance Service Act 1991 and is absent for the purpose of performing a function of an honorary ambulance officer under that Act in an emergency situation.","sortOrder":372},{"sectionNumber":"sec.298","sectionType":"section","heading":"Bargaining services fees","content":"### sec.298 Bargaining services fees\n\nAn industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.\nIn this section—\nbargaining services means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument.\nbargaining services fee —\nmeans a fee (however described) payable to—\nan industrial organisation; or\nsomeone instead of an industrial organisation; but\ndoes not include a membership fee.\ndemand includes—\npurport to demand; and\ndo anything that would—\nhave the effect of demanding; or\npurport to have the effect of demanding.\ns 298 amd 2022 No. 27 s 3 sch 1\n(sec.298-ssec.1) An industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person. This subsection is a civil penalty provision.\n(sec.298-ssec.2) Subsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.\n(sec.298-ssec.3) In this section— bargaining services means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument. bargaining services fee — means a fee (however described) payable to— an industrial organisation; or someone instead of an industrial organisation; but does not include a membership fee. demand includes— purport to demand; and do anything that would— have the effect of demanding; or purport to have the effect of demanding.\n- (a) means a fee (however described) payable to— (i) an industrial organisation; or (ii) someone instead of an industrial organisation; but\n- (i) an industrial organisation; or\n- (ii) someone instead of an industrial organisation; but\n- (b) does not include a membership fee.\n- (i) an industrial organisation; or\n- (ii) someone instead of an industrial organisation; but\n- (a) purport to demand; and\n- (b) do anything that would— (i) have the effect of demanding; or (ii) purport to have the effect of demanding.\n- (i) have the effect of demanding; or\n- (ii) purport to have the effect of demanding.\n- (i) have the effect of demanding; or\n- (ii) purport to have the effect of demanding.","sortOrder":373},{"sectionNumber":"sec.299","sectionType":"section","heading":"Coverage by particular instruments","content":"### sec.299 Coverage by particular instruments\n\nA person must not discriminate against an employer because—\nemployees of the employer are covered, or not covered, by—\nprovisions of the Queensland Employment Standards; or\na particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\na bargaining instrument that does, or does not, cover an employee organisation, or a particular employee organisation; or\nit is proposed that employees of the employer be covered, or not be covered, by—\na particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\na bargaining instrument that does, or does not, cover an employee organisation or a particular employee organisation.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply to protected industrial action.\n(sec.299-ssec.1) A person must not discriminate against an employer because— employees of the employer are covered, or not covered, by— provisions of the Queensland Employment Standards; or a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or a bargaining instrument that does, or does not, cover an employee organisation, or a particular employee organisation; or it is proposed that employees of the employer be covered, or not be covered, by— a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or a bargaining instrument that does, or does not, cover an employee organisation or a particular employee organisation. This subsection is a civil penalty provision.\n(sec.299-ssec.2) Subsection (1) does not apply to protected industrial action.\n- (a) employees of the employer are covered, or not covered, by— (i) provisions of the Queensland Employment Standards; or (ii) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or (iii) a bargaining instrument that does, or does not, cover an employee organisation, or a particular employee organisation; or\n- (i) provisions of the Queensland Employment Standards; or\n- (ii) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\n- (iii) a bargaining instrument that does, or does not, cover an employee organisation, or a particular employee organisation; or\n- (b) it is proposed that employees of the employer be covered, or not be covered, by— (i) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or (ii) a bargaining instrument that does, or does not, cover an employee organisation or a particular employee organisation.\n- (i) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\n- (ii) a bargaining instrument that does, or does not, cover an employee organisation or a particular employee organisation.\n- (i) provisions of the Queensland Employment Standards; or\n- (ii) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\n- (iii) a bargaining instrument that does, or does not, cover an employee organisation, or a particular employee organisation; or\n- (i) a particular type of industrial instrument (including a particular kind of industrial instrument within a type of industrial instrument); or\n- (ii) a bargaining instrument that does, or does not, cover an employee organisation or a particular employee organisation.","sortOrder":374},{"sectionNumber":"sec.300","sectionType":"section","heading":"Coercion—allocation of duties etc. to particular person","content":"### sec.300 Coercion—allocation of duties etc. to particular person\n\nA person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person or a third person to—\nemploy, or not employ, a particular person; or\nallocate, or not allocate, particular duties or responsibilities to a particular employee; or\ndesignate a particular employee as having, or not having, particular duties or responsibilities.\nThis section is a civil penalty provision.\n- (a) employ, or not employ, a particular person; or\n- (b) allocate, or not allocate, particular duties or responsibilities to a particular employee; or\n- (c) designate a particular employee as having, or not having, particular duties or responsibilities.","sortOrder":375},{"sectionNumber":"sec.301","sectionType":"section","heading":"Objectionable terms","content":"### sec.301 Objectionable terms\n\nA term of an industrial instrument, or an agreement or arrangement (whether written or unwritten), has no effect to the extent that it is an objectionable term.\nIn this section—\nobjectionable term means a term that permits or has the effect of permitting, or purports to permit or have the effect of permitting, either of the following—\na contravention of this part;\nthe payment of a bargaining services fee as defined under section 298 .\npermit includes require.\n(sec.301-ssec.1) A term of an industrial instrument, or an agreement or arrangement (whether written or unwritten), has no effect to the extent that it is an objectionable term.\n(sec.301-ssec.2) In this section— objectionable term means a term that permits or has the effect of permitting, or purports to permit or have the effect of permitting, either of the following— a contravention of this part; the payment of a bargaining services fee as defined under section 298 . permit includes require.\n- (a) a contravention of this part;\n- (b) the payment of a bargaining services fee as defined under section 298 .","sortOrder":376},{"sectionNumber":"ch.8-pt.1-div.6","sectionType":"division","heading":"Sham arrangements","content":"## Sham arrangements","sortOrder":377},{"sectionNumber":"sec.302","sectionType":"section","heading":"Misrepresenting employment as independent contracting arrangement","content":"### sec.302 Misrepresenting employment as independent contracting arrangement\n\nAn employer who employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the employer proves that, when the representation was made, the employer—\ndid not know the contract was a contract of employment rather than a contract for services; and\nwas not reckless as to whether or not that was the case.\n(sec.302-ssec.1) An employer who employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. This subsection is a civil penalty provision.\n(sec.302-ssec.2) Subsection (1) does not apply if the employer proves that, when the representation was made, the employer— did not know the contract was a contract of employment rather than a contract for services; and was not reckless as to whether or not that was the case.\n- (a) did not know the contract was a contract of employment rather than a contract for services; and\n- (b) was not reckless as to whether or not that was the case.","sortOrder":378},{"sectionNumber":"sec.303","sectionType":"section","heading":"Dismissing to engage as independent contractor","content":"### sec.303 Dismissing to engage as independent contractor\n\nThis section applies if an individual—\nis an employee of an employer; and\nperforms particular work for the employer.\nThe employer must not dismiss or threaten to dismiss the employee to engage the employee as an independent contractor to perform the same, or substantially the same, work under a contract for services.\nThis section is a civil penalty provision.\n(sec.303-ssec.1) This section applies if an individual— is an employee of an employer; and performs particular work for the employer.\n(sec.303-ssec.2) The employer must not dismiss or threaten to dismiss the employee to engage the employee as an independent contractor to perform the same, or substantially the same, work under a contract for services.\n- (a) is an employee of an employer; and\n- (b) performs particular work for the employer.","sortOrder":379},{"sectionNumber":"sec.304","sectionType":"section","heading":"Misrepresentation to engage as independent contractor","content":"### sec.304 Misrepresentation to engage as independent contractor\n\nAn employer who employs, or has at any time employed, an individual to perform particular work must not make a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer.\nThis section is a civil penalty provision.","sortOrder":380},{"sectionNumber":"ch.8-pt.1-div.7","sectionType":"division","heading":"Ancillary rules","content":"## Ancillary rules","sortOrder":381},{"sectionNumber":"sec.305","sectionType":"section","heading":"Multiple reasons for action","content":"### sec.305 Multiple reasons for action\n\nFor this part, a person takes action for a particular reason if the reasons for the action include that reason.","sortOrder":382},{"sectionNumber":"sec.306","sectionType":"section","heading":"Reason for action to be presumed unless proved otherwise","content":"### sec.306 Reason for action to be presumed unless proved otherwise\n\nSubsection (2) applies if—\nin an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and\ntaking that action for that reason or with that intent would be a contravention of the provision.\nIt is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.\nSubsection (2) does not apply in relation to orders for an interim injunction.\n(sec.306-ssec.1) Subsection (2) applies if— in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and taking that action for that reason or with that intent would be a contravention of the provision.\n(sec.306-ssec.2) It is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.\n(sec.306-ssec.3) Subsection (2) does not apply in relation to orders for an interim injunction.\n- (a) in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and\n- (b) taking that action for that reason or with that intent would be a contravention of the provision.","sortOrder":383},{"sectionNumber":"sec.307","sectionType":"section","heading":"Advising, encouraging, inciting or coercing action","content":"### sec.307 Advising, encouraging, inciting or coercing action\n\nA person is taken to contravene a provision of this part if—\nfor a particular reason, the person advises, encourages or incites, or takes any action with intent to coerce, another person to take action; and\nthe action, if taken by the other person for that reason, would contravene the provision.\n- (a) for a particular reason, the person advises, encourages or incites, or takes any action with intent to coerce, another person to take action; and\n- (b) the action, if taken by the other person for that reason, would contravene the provision.","sortOrder":384},{"sectionNumber":"sec.308","sectionType":"section","heading":"Actions of industrial organisations","content":"### sec.308 Actions of industrial organisations\n\nFor this part, each of the following is taken to be action of an industrial organisation—\naction taken by the committee of management of the industrial organisation;\naction taken by an officer or agent of the industrial organisation acting in that capacity;\naction taken by a member, or group of members, of the industrial organisation if the action is authorised by—\nthe rules of the organisation; or\nthe committee of management of the organisation; or\nan officer or agent of the organisation acting in that capacity;\naction taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity;\nif the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation.\nSubsections (1) (c) and (d) do not apply if all reasonable steps to prevent the action have been taken by—\nthe committee of management of the industrial organisation; or\na person authorised by the committee; or\nan officer of the industrial organisation.\nIf, for this part, it is necessary to establish the state of mind of an industrial organisation in relation to particular action, it is enough to show—\nthat the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and\nthat the person, or a person in the group, had that state of mind.\ns 308 amd 2022 No. 27 s 3 sch 1\n(sec.308-ssec.1) For this part, each of the following is taken to be action of an industrial organisation— action taken by the committee of management of the industrial organisation; action taken by an officer or agent of the industrial organisation acting in that capacity; action taken by a member, or group of members, of the industrial organisation if the action is authorised by— the rules of the organisation; or the committee of management of the organisation; or an officer or agent of the organisation acting in that capacity; action taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity; if the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation.\n(sec.308-ssec.2) Subsections (1) (c) and (d) do not apply if all reasonable steps to prevent the action have been taken by— the committee of management of the industrial organisation; or a person authorised by the committee; or an officer of the industrial organisation.\n(sec.308-ssec.3) If, for this part, it is necessary to establish the state of mind of an industrial organisation in relation to particular action, it is enough to show— that the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and that the person, or a person in the group, had that state of mind.\n- (a) action taken by the committee of management of the industrial organisation;\n- (b) action taken by an officer or agent of the industrial organisation acting in that capacity;\n- (c) action taken by a member, or group of members, of the industrial organisation if the action is authorised by— (i) the rules of the organisation; or (ii) the committee of management of the organisation; or (iii) an officer or agent of the organisation acting in that capacity;\n- (i) the rules of the organisation; or\n- (ii) the committee of management of the organisation; or\n- (iii) an officer or agent of the organisation acting in that capacity;\n- (d) action taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity;\n- (e) if the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation.\n- (i) the rules of the organisation; or\n- (ii) the committee of management of the organisation; or\n- (iii) an officer or agent of the organisation acting in that capacity;\n- (a) the committee of management of the industrial organisation; or\n- (b) a person authorised by the committee; or\n- (c) an officer of the industrial organisation.\n- (a) that the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and\n- (b) that the person, or a person in the group, had that state of mind.","sortOrder":385},{"sectionNumber":"ch.8-pt.1-div.8","sectionType":"division","heading":"Compliance","content":"## Compliance","sortOrder":386},{"sectionNumber":"sec.309","sectionType":"section","heading":"Application for commission to deal with a dispute","content":"### sec.309 Application for commission to deal with a dispute\n\nThis section applies if—\na person has been dismissed or has been affected by another contravention of this part; and\nthe person or an organisation that has a right to represent the industrial interests of the person claims that the person has been dismissed or has been affected by another contravention of this part.\nThe person or organisation may apply to the commission for the commission to deal with the dispute.\n(sec.309-ssec.1) This section applies if— a person has been dismissed or has been affected by another contravention of this part; and the person or an organisation that has a right to represent the industrial interests of the person claims that the person has been dismissed or has been affected by another contravention of this part.\n(sec.309-ssec.2) The person or organisation may apply to the commission for the commission to deal with the dispute.\n- (a) a person has been dismissed or has been affected by another contravention of this part; and\n- (b) the person or an organisation that has a right to represent the industrial interests of the person claims that the person has been dismissed or has been affected by another contravention of this part.","sortOrder":387},{"sectionNumber":"sec.310","sectionType":"section","heading":"Time for application","content":"### sec.310 Time for application\n\nAn application relating to dismissal must be made within—\n21 days after the dismissal took effect; or\nif the commission allows a further period under subsection (2) —the further period.\nThe commission may allow a further period if the commission is satisfied there are exceptional circumstances, taking into account—\nthe reason for the delay; and\nany action taken by the person to dispute the dismissal; and\nprejudice to the employer (including prejudice caused by the delay); and\nthe merits of the application; and\nfairness as between the person and other persons in a similar position.\nAn application relating to a contravention of this part (other than dismissal) must be made within 6 years after the contravention occurs.\n(sec.310-ssec.1) An application relating to dismissal must be made within— 21 days after the dismissal took effect; or if the commission allows a further period under subsection (2) —the further period.\n(sec.310-ssec.2) The commission may allow a further period if the commission is satisfied there are exceptional circumstances, taking into account— the reason for the delay; and any action taken by the person to dispute the dismissal; and prejudice to the employer (including prejudice caused by the delay); and the merits of the application; and fairness as between the person and other persons in a similar position.\n(sec.310-ssec.3) An application relating to a contravention of this part (other than dismissal) must be made within 6 years after the contravention occurs.\n- (a) 21 days after the dismissal took effect; or\n- (b) if the commission allows a further period under subsection (2) —the further period.\n- (a) the reason for the delay; and\n- (b) any action taken by the person to dispute the dismissal; and\n- (c) prejudice to the employer (including prejudice caused by the delay); and\n- (d) the merits of the application; and\n- (e) fairness as between the person and other persons in a similar position.","sortOrder":388},{"sectionNumber":"sec.311","sectionType":"section","heading":"Application fees","content":"### sec.311 Application fees\n\nThe application must be accompanied by the fee prescribed by regulation.\nA regulation may prescribe—\na fee for making the application to the commission; and\nthe circumstances in which all or part of the fee may be waived or refunded.\n(sec.311-ssec.1) The application must be accompanied by the fee prescribed by regulation.\n(sec.311-ssec.2) A regulation may prescribe— a fee for making the application to the commission; and the circumstances in which all or part of the fee may be waived or refunded.\n- (a) a fee for making the application to the commission; and\n- (b) the circumstances in which all or part of the fee may be waived or refunded.","sortOrder":389},{"sectionNumber":"sec.312","sectionType":"section","heading":"Conciliation before application heard","content":"### sec.312 Conciliation before application heard\n\nIf an application is made under section 309 , the commission must hold a conference to attempt to settle it by conciliation before it hears the application.\nThe commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.\nIf the commission is satisfied all reasonable attempts to settle the matter by conciliation have been, or are likely to be, unsuccessful, it must issue a written certificate to that effect.\nAlso, if the commission considers, taking into account all the material before it, that arbitration of the dispute under section 313 would not have a reasonable prospect of success, the commission must advise the parties accordingly.\n(sec.312-ssec.1) If an application is made under section 309 , the commission must hold a conference to attempt to settle it by conciliation before it hears the application.\n(sec.312-ssec.2) The commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.\n(sec.312-ssec.3) If the commission is satisfied all reasonable attempts to settle the matter by conciliation have been, or are likely to be, unsuccessful, it must issue a written certificate to that effect.\n(sec.312-ssec.4) Also, if the commission considers, taking into account all the material before it, that arbitration of the dispute under section 313 would not have a reasonable prospect of success, the commission must advise the parties accordingly.","sortOrder":390},{"sectionNumber":"sec.313","sectionType":"section","heading":"Arbitration when conciliation unsuccessful","content":"### sec.313 Arbitration when conciliation unsuccessful\n\nIf the commission considers all reasonable attempts to settle the matter by conciliation have been made, but have been unsuccessful, the commission may hear and decide the application by—\nmaking an order under section 314 ; or\ndismissing the application.\n- (a) making an order under section 314 ; or\n- (b) dismissing the application.","sortOrder":391},{"sectionNumber":"sec.314","sectionType":"section","heading":"Orders on deciding application","content":"### sec.314 Orders on deciding application\n\nWithout limiting the commission’s jurisdiction to make orders, the commission may make 1 or more of the following orders on deciding an application mentioned in section 313 —\nan order for reinstatement of the person;\nan order for the payment of compensation to the person;\nan order for payment of an amount to the person for remuneration lost;\nan order to maintain the continuity of the person’s employment;\nan order to maintain the period of the person’s continuous service with the employer;\nan order granting an interim or other injunction or make any other order it considers appropriate to prevent, stop, or remedy the effects of, a contravention of this part.\nA person to whom an order under subsection (1) applies must not contravene a term of the order.\nThis subsection is a civil penalty provision.\n(sec.314-ssec.1) Without limiting the commission’s jurisdiction to make orders, the commission may make 1 or more of the following orders on deciding an application mentioned in section 313 — an order for reinstatement of the person; an order for the payment of compensation to the person; an order for payment of an amount to the person for remuneration lost; an order to maintain the continuity of the person’s employment; an order to maintain the period of the person’s continuous service with the employer; an order granting an interim or other injunction or make any other order it considers appropriate to prevent, stop, or remedy the effects of, a contravention of this part.\n(sec.314-ssec.2) A person to whom an order under subsection (1) applies must not contravene a term of the order. This subsection is a civil penalty provision.\n- (a) an order for reinstatement of the person;\n- (b) an order for the payment of compensation to the person;\n- (c) an order for payment of an amount to the person for remuneration lost;\n- (d) an order to maintain the continuity of the person’s employment;\n- (e) an order to maintain the period of the person’s continuous service with the employer;\n- (f) an order granting an interim or other injunction or make any other order it considers appropriate to prevent, stop, or remedy the effects of, a contravention of this part.","sortOrder":392},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Dismissals","content":"# Dismissals","sortOrder":393},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Exclusions","content":"## Exclusions","sortOrder":394},{"sectionNumber":"sec.315","sectionType":"section","heading":"Employees to whom this part does not apply","content":"### sec.315 Employees to whom this part does not apply\n\nSection 316 does not apply to any of the following—\nan employee during the first 3 months of employment with an employer (the probationary period ), unless the employee and employer agree in writing that the employee serve—\na period of probation that is shorter than the probationary period; or\nno period of probation; or\nan employee serving a period of probation that is longer than the probationary period, if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;\na short term casual employee;\nan employee engaged for a specific period or task, unless—\nthe main purpose of engaging the employee in that way is, or was at the time of the employee’s engagement, to avoid the employer’s obligations under division 2 ; or\nthe employee is participating in a labour market program and is dismissed before the period ends or the task is complete;\nan employee—\nwho is not employed under an industrial instrument; and\nwho is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\nwhose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\nSubsection (3) applies in deciding—\nthe probationary period for subsection (1) (a) ; or\nwhether an employee is a short term casual employee for subsections (1) (c) and (9) .\nPeriods of employment with a former employer that are taken to be service with a new employer because of section 132 must be taken into account.\nDivision 3 does not apply to—\na casual employee; or\nan employee engaged by the hour or day;\nan employee engaged for a specific period or task; or\nan employee during the first 3 months of employment with an employer (the probationary period ) unless the employee and employer agree in writing that the employee serve—\na period of probation that is shorter than the probationary period; or\nno period of probation; or\nan employee serving a period of probation that is longer than the probationary period if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; or\nan employee—\nwho is not employed under an industrial instrument; and\nwho is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\nwhose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\nDivision 3 does not apply to an employee with less than 1 year of continuous service.\nA regulation may exclude particular employees from the operation of particular provisions of this part.\nWithout limiting subsection (6) , the regulation may identify as a class of employees the employees whose wages or salary immediately before dismissal was more than an amount, or an amount worked out in a way, prescribed by the regulation.\nDivisions 3 to 5 do not apply to an employee participating in a labour market program.\nIn this section—\nshort term casual employee means a casual employee, other than a casual employee who—\nis engaged—\nby a particular employer on a regular and systematic basis; and\nfor several periods of employment during a period of at least 6 months; and\napart from the employer’s decision not to offer the person further employment, had a reasonable expectation of further employment by the employer.\ns 315 amd 2022 No. 27 s 37 ; 2022 No. 34 s 365 sch 3\n(sec.315-ssec.1) Section 316 does not apply to any of the following— an employee during the first 3 months of employment with an employer (the probationary period ), unless the employee and employer agree in writing that the employee serve— a period of probation that is shorter than the probationary period; or no period of probation; or an employee serving a period of probation that is longer than the probationary period, if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; a short term casual employee; an employee engaged for a specific period or task, unless— the main purpose of engaging the employee in that way is, or was at the time of the employee’s engagement, to avoid the employer’s obligations under division 2 ; or the employee is participating in a labour market program and is dismissed before the period ends or the task is complete; an employee— who is not employed under an industrial instrument; and who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n(sec.315-ssec.2) Subsection (3) applies in deciding— the probationary period for subsection (1) (a) ; or whether an employee is a short term casual employee for subsections (1) (c) and (9) .\n(sec.315-ssec.3) Periods of employment with a former employer that are taken to be service with a new employer because of section 132 must be taken into account.\n(sec.315-ssec.4) Division 3 does not apply to— a casual employee; or an employee engaged by the hour or day; an employee engaged for a specific period or task; or an employee during the first 3 months of employment with an employer (the probationary period ) unless the employee and employer agree in writing that the employee serve— a period of probation that is shorter than the probationary period; or no period of probation; or an employee serving a period of probation that is longer than the probationary period if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; or an employee— who is not employed under an industrial instrument; and who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n(sec.315-ssec.5) Division 3 does not apply to an employee with less than 1 year of continuous service.\n(sec.315-ssec.6) A regulation may exclude particular employees from the operation of particular provisions of this part.\n(sec.315-ssec.7) Without limiting subsection (6) , the regulation may identify as a class of employees the employees whose wages or salary immediately before dismissal was more than an amount, or an amount worked out in a way, prescribed by the regulation.\n(sec.315-ssec.8) Divisions 3 to 5 do not apply to an employee participating in a labour market program.\n(sec.315-ssec.9) In this section— short term casual employee means a casual employee, other than a casual employee who— is engaged— by a particular employer on a regular and systematic basis; and for several periods of employment during a period of at least 6 months; and apart from the employer’s decision not to offer the person further employment, had a reasonable expectation of further employment by the employer.\n- (a) an employee during the first 3 months of employment with an employer (the probationary period ), unless the employee and employer agree in writing that the employee serve— (i) a period of probation that is shorter than the probationary period; or (ii) no period of probation; or\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation; or\n- (b) an employee serving a period of probation that is longer than the probationary period, if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;\n- (c) a short term casual employee;\n- (d) an employee engaged for a specific period or task, unless— (i) the main purpose of engaging the employee in that way is, or was at the time of the employee’s engagement, to avoid the employer’s obligations under division 2 ; or (ii) the employee is participating in a labour market program and is dismissed before the period ends or the task is complete;\n- (i) the main purpose of engaging the employee in that way is, or was at the time of the employee’s engagement, to avoid the employer’s obligations under division 2 ; or\n- (ii) the employee is participating in a labour market program and is dismissed before the period ends or the task is complete;\n- (e) an employee— (i) who is not employed under an industrial instrument; and (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (i) who is not employed under an industrial instrument; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation; or\n- (i) the main purpose of engaging the employee in that way is, or was at the time of the employee’s engagement, to avoid the employer’s obligations under division 2 ; or\n- (ii) the employee is participating in a labour market program and is dismissed before the period ends or the task is complete;\n- (i) who is not employed under an industrial instrument; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (a) the probationary period for subsection (1) (a) ; or\n- (b) whether an employee is a short term casual employee for subsections (1) (c) and (9) .\n- (a) a casual employee; or\n- (b) an employee engaged by the hour or day;\n- (c) an employee engaged for a specific period or task; or\n- (d) an employee during the first 3 months of employment with an employer (the probationary period ) unless the employee and employer agree in writing that the employee serve— (i) a period of probation that is shorter than the probationary period; or (ii) no period of probation; or\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation; or\n- (e) an employee serving a period of probation that is longer than the probationary period if the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; or\n- (f) an employee— (i) who is not employed under an industrial instrument; and (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (i) who is not employed under an industrial instrument; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (i) a period of probation that is shorter than the probationary period; or\n- (ii) no period of probation; or\n- (i) who is not employed under an industrial instrument; and\n- (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (iii) whose annual wages immediately before the dismissal are equal to or more than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n- (a) is engaged— (i) by a particular employer on a regular and systematic basis; and (ii) for several periods of employment during a period of at least 6 months; and\n- (i) by a particular employer on a regular and systematic basis; and\n- (ii) for several periods of employment during a period of at least 6 months; and\n- (b) apart from the employer’s decision not to offer the person further employment, had a reasonable expectation of further employment by the employer.\n- (i) by a particular employer on a regular and systematic basis; and\n- (ii) for several periods of employment during a period of at least 6 months; and","sortOrder":395},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Unfair dismissals","content":"## Unfair dismissals","sortOrder":396},{"sectionNumber":"sec.316","sectionType":"section","heading":"When is a dismissal unfair","content":"### sec.316 When is a dismissal unfair\n\nA dismissal is unfair if it is harsh, unjust or unreasonable.","sortOrder":397},{"sectionNumber":"sec.317","sectionType":"section","heading":"Application for reinstatement","content":"### sec.317 Application for reinstatement\n\nIf it is claimed that an employee has been unfairly dismissed, an application for reinstatement may be made to the commission for the dismissal to be dealt with under this part.\nThe application must be made within—\n21 days after the dismissal takes effect; or\nif the commission allows a further period on an application made at any time—the further period.\nAn application may be made by—\nan employee; or\nwith the employee’s consent, an organisation whose rules entitle it to represent the employee’s industrial interests.\nThe registrar may reject an application if the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.\nIf the registrar rejects the application, the registrar must, by written notice, notify the applicant—\nthat the application has been rejected; and\nof the reasons why the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.\nThe applicant may, by written notice given within 21 days after the registrar’s notice is received, inform the registrar that the applicant wishes the application to proceed.\nIf the applicant does so, the commission must deal with the application, despite the registrar’s rejection.\nThe commission and registrar must deal with an application as quickly as possible.\n(sec.317-ssec.1) If it is claimed that an employee has been unfairly dismissed, an application for reinstatement may be made to the commission for the dismissal to be dealt with under this part.\n(sec.317-ssec.2) The application must be made within— 21 days after the dismissal takes effect; or if the commission allows a further period on an application made at any time—the further period.\n(sec.317-ssec.3) An application may be made by— an employee; or with the employee’s consent, an organisation whose rules entitle it to represent the employee’s industrial interests.\n(sec.317-ssec.4) The registrar may reject an application if the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.\n(sec.317-ssec.5) If the registrar rejects the application, the registrar must, by written notice, notify the applicant— that the application has been rejected; and of the reasons why the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.\n(sec.317-ssec.6) The applicant may, by written notice given within 21 days after the registrar’s notice is received, inform the registrar that the applicant wishes the application to proceed.\n(sec.317-ssec.7) If the applicant does so, the commission must deal with the application, despite the registrar’s rejection.\n(sec.317-ssec.8) The commission and registrar must deal with an application as quickly as possible.\n- (a) 21 days after the dismissal takes effect; or\n- (b) if the commission allows a further period on an application made at any time—the further period.\n- (a) an employee; or\n- (b) with the employee’s consent, an organisation whose rules entitle it to represent the employee’s industrial interests.\n- (a) that the application has been rejected; and\n- (b) of the reasons why the registrar considers the dismissed employee is a person mentioned in section 315 (1) as a person to whom section 316 does not apply.","sortOrder":398},{"sectionNumber":"sec.318","sectionType":"section","heading":"Conciliation before application heard","content":"### sec.318 Conciliation before application heard\n\nThe commission must hold a conference to attempt to settle an application under section 317 by conciliation before it hears the application.\nThe commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.\nIf the commission is satisfied all reasonable attempts to settle the matter by conciliation are, or are likely to be, unsuccessful so far as it relates to at least 1 ground of the application or because the applicant is a person to whom section 316 does not apply, it—\nmust issue a written certificate stating that the commission—\nis so satisfied for a stated ground; or\nconsiders the applicant is a person to whom section 316 does not apply; and\nmust inform the parties to the conciliation of—\nthe commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and\nthe possible consequences of further proceeding on the application; and\nmay recommend the application be discontinued, whether or not it also recommends another way of resolving the matter.\nThe application lapses if the applicant has not, within 6 months after the applicant has been informed by the commission under subsection (3) —\ntaken any action in relation to the application; or\ndiscontinued the application.\nThe parties may seek further conciliation, or settle the matter, at any time before an order is made under section 321 or 322 .\nThe president may delegate the functions of the commission under this section to the registrar or a deputy registrar.\n(sec.318-ssec.1) The commission must hold a conference to attempt to settle an application under section 317 by conciliation before it hears the application.\n(sec.318-ssec.2) The commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.\n(sec.318-ssec.3) If the commission is satisfied all reasonable attempts to settle the matter by conciliation are, or are likely to be, unsuccessful so far as it relates to at least 1 ground of the application or because the applicant is a person to whom section 316 does not apply, it— must issue a written certificate stating that the commission— is so satisfied for a stated ground; or considers the applicant is a person to whom section 316 does not apply; and must inform the parties to the conciliation of— the commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and the possible consequences of further proceeding on the application; and may recommend the application be discontinued, whether or not it also recommends another way of resolving the matter.\n(sec.318-ssec.4) The application lapses if the applicant has not, within 6 months after the applicant has been informed by the commission under subsection (3) — taken any action in relation to the application; or discontinued the application.\n(sec.318-ssec.5) The parties may seek further conciliation, or settle the matter, at any time before an order is made under section 321 or 322 .\n(sec.318-ssec.6) The president may delegate the functions of the commission under this section to the registrar or a deputy registrar.\n- (a) must issue a written certificate stating that the commission— (i) is so satisfied for a stated ground; or (ii) considers the applicant is a person to whom section 316 does not apply; and\n- (i) is so satisfied for a stated ground; or\n- (ii) considers the applicant is a person to whom section 316 does not apply; and\n- (b) must inform the parties to the conciliation of— (i) the commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and (ii) the possible consequences of further proceeding on the application; and\n- (i) the commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and\n- (ii) the possible consequences of further proceeding on the application; and\n- (c) may recommend the application be discontinued, whether or not it also recommends another way of resolving the matter.\n- (i) is so satisfied for a stated ground; or\n- (ii) considers the applicant is a person to whom section 316 does not apply; and\n- (i) the commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and\n- (ii) the possible consequences of further proceeding on the application; and\n- (a) taken any action in relation to the application; or\n- (b) discontinued the application.","sortOrder":399},{"sectionNumber":"sec.319","sectionType":"section","heading":"Arbitration when conciliation unsuccessful","content":"### sec.319 Arbitration when conciliation unsuccessful\n\nIf the commission considers all reasonable attempts to settle an application by conciliation have been made, but have been unsuccessful, the commission may hear and decide the application by—\nmaking an order under section 321 or 322 ; or\ndismissing the application.\n- (a) making an order under section 321 or 322 ; or\n- (b) dismissing the application.","sortOrder":400},{"sectionNumber":"sec.320","sectionType":"section","heading":"Matters to be considered in deciding an application","content":"### sec.320 Matters to be considered in deciding an application\n\nIn deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider—\nwhether the employee was notified of the reason for dismissal; and\nwhether the dismissal related to—\nthe operational requirements of the employer’s undertaking, establishment or service; or\nthe employee’s conduct, capacity or performance; and\nif the dismissal relates to the employee’s conduct, capacity or performance—\nwhether the employee had been warned about the conduct, capacity or performance; or\nwhether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and\nany other matters the commission considers relevant.\nWithout limiting subsection (1) , the commission may decide a dismissal was not harsh, unjust or unreasonable if—\nthe dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and\nthe employee’s conduct was, wholly or partly—\nunlawful; or\nsexual harassment or sex or gender-based harassment.\ns 320 amd 2022 No. 27 s 38\n(sec.320-ssec.1) In deciding whether a dismissal was harsh, unjust or unreasonable, the commission must consider— whether the employee was notified of the reason for dismissal; and whether the dismissal related to— the operational requirements of the employer’s undertaking, establishment or service; or the employee’s conduct, capacity or performance; and if the dismissal relates to the employee’s conduct, capacity or performance— whether the employee had been warned about the conduct, capacity or performance; or whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and any other matters the commission considers relevant.\n(sec.320-ssec.2) Without limiting subsection (1) , the commission may decide a dismissal was not harsh, unjust or unreasonable if— the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and the employee’s conduct was, wholly or partly— unlawful; or sexual harassment or sex or gender-based harassment.\n- (a) whether the employee was notified of the reason for dismissal; and\n- (b) whether the dismissal related to— (i) the operational requirements of the employer’s undertaking, establishment or service; or (ii) the employee’s conduct, capacity or performance; and\n- (i) the operational requirements of the employer’s undertaking, establishment or service; or\n- (ii) the employee’s conduct, capacity or performance; and\n- (c) if the dismissal relates to the employee’s conduct, capacity or performance— (i) whether the employee had been warned about the conduct, capacity or performance; or (ii) whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and\n- (i) whether the employee had been warned about the conduct, capacity or performance; or\n- (ii) whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and\n- (d) any other matters the commission considers relevant.\n- (i) the operational requirements of the employer’s undertaking, establishment or service; or\n- (ii) the employee’s conduct, capacity or performance; and\n- (i) whether the employee had been warned about the conduct, capacity or performance; or\n- (ii) whether the employee was given an opportunity to respond to the claim about the conduct, capacity or performance; and\n- (a) the dismissal related to conduct of the employee while at work or otherwise in connection with the employee’s employment; and\n- (b) the employee’s conduct was, wholly or partly— (i) unlawful; or (ii) sexual harassment or sex or gender-based harassment.\n- (i) unlawful; or\n- (ii) sexual harassment or sex or gender-based harassment.\n- (i) unlawful; or\n- (ii) sexual harassment or sex or gender-based harassment.","sortOrder":401},{"sectionNumber":"sec.321","sectionType":"section","heading":"Remedies—reinstatement or re-employment","content":"### sec.321 Remedies—reinstatement or re-employment\n\nThis section applies if the commission is satisfied an employee was unfairly dismissed.\nThe commission may order the employer to reinstate the employee to the employee’s former position on conditions at least as favourable as the conditions on which the employee was employed immediately before dismissal.\nIf the commission considers reinstatement would be impracticable, the commission may order the employer to re-employ the employee in another position that the employer has available and that the commission considers suitable.\nThe commission may also—\nmake an order it considers necessary to maintain the continuity of the employee’s employment or service; and\norder the employee to repay any amount paid to the employee by, or for, the employer on the dismissal; and\norder the employer to pay the employee the remuneration lost, or likely to have been lost, by the employee because of the dismissal, after taking into account any employment benefits or wages received by the employee since the dismissal.\nThis section does not limit the commission’s power to make an interim or interlocutory order.\n(sec.321-ssec.1) This section applies if the commission is satisfied an employee was unfairly dismissed.\n(sec.321-ssec.2) The commission may order the employer to reinstate the employee to the employee’s former position on conditions at least as favourable as the conditions on which the employee was employed immediately before dismissal.\n(sec.321-ssec.3) If the commission considers reinstatement would be impracticable, the commission may order the employer to re-employ the employee in another position that the employer has available and that the commission considers suitable.\n(sec.321-ssec.4) The commission may also— make an order it considers necessary to maintain the continuity of the employee’s employment or service; and order the employee to repay any amount paid to the employee by, or for, the employer on the dismissal; and order the employer to pay the employee the remuneration lost, or likely to have been lost, by the employee because of the dismissal, after taking into account any employment benefits or wages received by the employee since the dismissal.\n(sec.321-ssec.5) This section does not limit the commission’s power to make an interim or interlocutory order.\n- (a) make an order it considers necessary to maintain the continuity of the employee’s employment or service; and\n- (b) order the employee to repay any amount paid to the employee by, or for, the employer on the dismissal; and\n- (c) order the employer to pay the employee the remuneration lost, or likely to have been lost, by the employee because of the dismissal, after taking into account any employment benefits or wages received by the employee since the dismissal.","sortOrder":402},{"sectionNumber":"sec.322","sectionType":"section","heading":"Remedies—compensation","content":"### sec.322 Remedies—compensation\n\nIf, and only if, the commission considers reinstatement or re-employment would be impracticable, the commission may order the employer to pay the employee an amount of compensation decided by the commission.\nThe commission must not award an amount of compensation that is more than—\nif the employee was employed under an industrial instrument—the wages the employer would have been liable to pay the employee for the 6 months immediately after the dismissal, paid at the rate the employee received immediately before the dismissal; or\nif the employee was not employed under an industrial instrument—the lesser of the wages under paragraph (a) and an amount equal to half the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\nThe commission must take into account any amount paid to the employee by the employer on the dismissal.\nThis section does not limit the commission’s power to make an interim or interlocutory order.\n(sec.322-ssec.1) If, and only if, the commission considers reinstatement or re-employment would be impracticable, the commission may order the employer to pay the employee an amount of compensation decided by the commission.\n(sec.322-ssec.2) The commission must not award an amount of compensation that is more than— if the employee was employed under an industrial instrument—the wages the employer would have been liable to pay the employee for the 6 months immediately after the dismissal, paid at the rate the employee received immediately before the dismissal; or if the employee was not employed under an industrial instrument—the lesser of the wages under paragraph (a) and an amount equal to half the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .\n(sec.322-ssec.3) The commission must take into account any amount paid to the employee by the employer on the dismissal.\n(sec.322-ssec.4) This section does not limit the commission’s power to make an interim or interlocutory order.\n- (a) if the employee was employed under an industrial instrument—the wages the employer would have been liable to pay the employee for the 6 months immediately after the dismissal, paid at the rate the employee received immediately before the dismissal; or\n- (b) if the employee was not employed under an industrial instrument—the lesser of the wages under paragraph (a) and an amount equal to half the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 .","sortOrder":403},{"sectionNumber":"sec.323","sectionType":"section","heading":"Further orders if employer fails to reinstate","content":"### sec.323 Further orders if employer fails to reinstate\n\nIf an employer wilfully contravenes an order to reinstate or re-employ an employee, the commission may—\nfurther order the employer to pay the employee—\nan amount of not more than the monetary value of 50 penalty units; and\nan amount for lost wages; and\nmake further orders until the employer complies with an order under section 321 or this section.\nThis section does not affect another provision of this Act allowing proceedings to be taken against the employer.\n(sec.323-ssec.1) If an employer wilfully contravenes an order to reinstate or re-employ an employee, the commission may— further order the employer to pay the employee— an amount of not more than the monetary value of 50 penalty units; and an amount for lost wages; and make further orders until the employer complies with an order under section 321 or this section.\n(sec.323-ssec.2) This section does not affect another provision of this Act allowing proceedings to be taken against the employer.\n- (a) further order the employer to pay the employee— (i) an amount of not more than the monetary value of 50 penalty units; and (ii) an amount for lost wages; and\n- (i) an amount of not more than the monetary value of 50 penalty units; and\n- (ii) an amount for lost wages; and\n- (b) make further orders until the employer complies with an order under section 321 or this section.\n- (i) an amount of not more than the monetary value of 50 penalty units; and\n- (ii) an amount for lost wages; and","sortOrder":404},{"sectionNumber":"sec.324","sectionType":"section","heading":"Effect of order on leave","content":"### sec.324 Effect of order on leave\n\nIf the commission makes an order under section 321 , the interruption to the employee’s continuity of employment or service caused by the dismissal must be disregarded when working out the employee’s entitlement—\nto annual, sick, family or long service leave; or\nunder this part.\n- (a) to annual, sick, family or long service leave; or\n- (b) under this part.","sortOrder":405},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":"Requirements for dismissal","content":"## Requirements for dismissal","sortOrder":406},{"sectionNumber":"sec.325","sectionType":"section","heading":"When this subdivision applies","content":"### sec.325 When this subdivision applies\n\nThis subdivision applies to an application about severance allowance or other separation benefits.","sortOrder":407},{"sectionNumber":"sec.326","sectionType":"section","heading":"Orders about severance allowance and other separation benefits","content":"### sec.326 Orders about severance allowance and other separation benefits\n\nThe commission may make an order about severance allowance or other separation benefits on application by—\nan employee; or\nan organisation whose rules entitle it to represent the employee’s industrial interests.\nAn employer must not contravene the order.\nIf an employer contravenes the order, the commission may—\nmake any of the orders it may make under section 321 (2) , (3) or (4) ; or\norder the employer to pay the employee an amount of not more than the monetary value of 135 penalty units.\nIn this section—\nseverance allowance or other separation benefits means severance allowance or other separation benefits under article 12 of the Termination of Employment Convention 1982.\n(sec.326-ssec.1) The commission may make an order about severance allowance or other separation benefits on application by— an employee; or an organisation whose rules entitle it to represent the employee’s industrial interests.\n(sec.326-ssec.2) An employer must not contravene the order.\n(sec.326-ssec.3) If an employer contravenes the order, the commission may— make any of the orders it may make under section 321 (2) , (3) or (4) ; or order the employer to pay the employee an amount of not more than the monetary value of 135 penalty units.\n(sec.326-ssec.4) In this section— severance allowance or other separation benefits means severance allowance or other separation benefits under article 12 of the Termination of Employment Convention 1982.\n- (a) an employee; or\n- (b) an organisation whose rules entitle it to represent the employee’s industrial interests.\n- (a) make any of the orders it may make under section 321 (2) , (3) or (4) ; or\n- (b) order the employer to pay the employee an amount of not more than the monetary value of 135 penalty units.","sortOrder":408},{"sectionNumber":"sec.327","sectionType":"section","heading":"Time for making application under this subdivision","content":"### sec.327 Time for making application under this subdivision\n\nAn application for an order under this subdivision must be made—\nbefore, or within 21 days after, the dismissal takes effect; or\nwithin a further period the commission allows on an application made at any time.\n- (a) before, or within 21 days after, the dismissal takes effect; or\n- (b) within a further period the commission allows on an application made at any time.","sortOrder":409},{"sectionNumber":"sec.328","sectionType":"section","heading":"When this subdivision applies","content":"### sec.328 When this subdivision applies\n\nThis subdivision applies if an employer decides to dismiss 15 or more employees for an economic, technological or structural reason.","sortOrder":410},{"sectionNumber":"sec.329","sectionType":"section","heading":"Employer must give notice of proposed dismissals","content":"### sec.329 Employer must give notice of proposed dismissals\n\nThe employer may dismiss the employees only if the employer, as soon as practicable after making the decision, notifies—\nthe Commonwealth department or agency whose primary function is helping unemployed people find work; and\neach employee organisation of which any of the employees is a member.\nThe notice must state—\nthe number and categories of employees being dismissed; and\nthe reasons for the dismissals; and\nthe time when, or the period over which, the employer intends to carry out the dismissals.\nIf satisfied an employer has dismissed, or proposes to dismiss, an employee without giving the notice, the commission may make any or all of the following orders—\nany of the orders it may make under section 321 (2) , (3) or (4) ;\nan order imposing on the employer a penalty of not more than 16 penalty units;\nan order that the employer pay the employee an amount of not more than the monetary value of 135 penalty units;\nan order declaring the dismissal ineffective until the employer has given the notice.\nAn application for an order may be made by—\nan employee, including a dismissed employee; or\nan organisation whose rules entitle it to represent the employee’s industrial interests; or\nan inspector.\nThe commission may order that a penalty, or part of a penalty, under subsection (3) (b) be paid to any person who may have made the application, other than an officer or employee of the State or a public service officer.\nIf a part of a penalty is ordered to be paid to a person under subsection (5) , that part of the penalty must be paid first.\nThe remainder of the penalty must then be paid to the consolidated fund.\nA failure to give a notice is not an offence.\n(sec.329-ssec.1) The employer may dismiss the employees only if the employer, as soon as practicable after making the decision, notifies— the Commonwealth department or agency whose primary function is helping unemployed people find work; and each employee organisation of which any of the employees is a member.\n(sec.329-ssec.2) The notice must state— the number and categories of employees being dismissed; and the reasons for the dismissals; and the time when, or the period over which, the employer intends to carry out the dismissals.\n(sec.329-ssec.3) If satisfied an employer has dismissed, or proposes to dismiss, an employee without giving the notice, the commission may make any or all of the following orders— any of the orders it may make under section 321 (2) , (3) or (4) ; an order imposing on the employer a penalty of not more than 16 penalty units; an order that the employer pay the employee an amount of not more than the monetary value of 135 penalty units; an order declaring the dismissal ineffective until the employer has given the notice.\n(sec.329-ssec.4) An application for an order may be made by— an employee, including a dismissed employee; or an organisation whose rules entitle it to represent the employee’s industrial interests; or an inspector.\n(sec.329-ssec.5) The commission may order that a penalty, or part of a penalty, under subsection (3) (b) be paid to any person who may have made the application, other than an officer or employee of the State or a public service officer.\n(sec.329-ssec.6) If a part of a penalty is ordered to be paid to a person under subsection (5) , that part of the penalty must be paid first.\n(sec.329-ssec.7) The remainder of the penalty must then be paid to the consolidated fund.\n(sec.329-ssec.8) A failure to give a notice is not an offence.\n- (a) the Commonwealth department or agency whose primary function is helping unemployed people find work; and\n- (b) each employee organisation of which any of the employees is a member.\n- (a) the number and categories of employees being dismissed; and\n- (b) the reasons for the dismissals; and\n- (c) the time when, or the period over which, the employer intends to carry out the dismissals.\n- (a) any of the orders it may make under section 321 (2) , (3) or (4) ;\n- (b) an order imposing on the employer a penalty of not more than 16 penalty units;\n- (c) an order that the employer pay the employee an amount of not more than the monetary value of 135 penalty units;\n- (d) an order declaring the dismissal ineffective until the employer has given the notice.\n- (a) an employee, including a dismissed employee; or\n- (b) an organisation whose rules entitle it to represent the employee’s industrial interests; or\n- (c) an inspector.","sortOrder":411},{"sectionNumber":"sec.330","sectionType":"section","heading":"Employer must consult with employee organisations about dismissals","content":"### sec.330 Employer must consult with employee organisations about dismissals\n\nThe employer must give each employee organisation of which any of the employees is a member an opportunity to consult with the employer on ways to—\navoid or minimise the dismissals; and\nminimise the adverse effects of the dismissals, for example, by finding alternative employment.\nThe employer must do so as soon as practicable after making the decision to dismiss employees, but in any case before dismissing any of the employees.\nIf the employer does not give the organisation an opportunity to consult as required, the commission may make the orders it considers appropriate to put employees, and their organisations, in the same position, as nearly as can be done, as if the employer had done so.\nThe commission may make an order on application from an employee or organisation that is to be affected by the order.\nSubsections (1) and (2) do not apply to an organisation if the employer could not reasonably be expected to have known, at the time of the decision, that the organisation’s rules give it a right to represent the industrial interests of a dismissed employee.\n(sec.330-ssec.1) The employer must give each employee organisation of which any of the employees is a member an opportunity to consult with the employer on ways to— avoid or minimise the dismissals; and minimise the adverse effects of the dismissals, for example, by finding alternative employment.\n(sec.330-ssec.2) The employer must do so as soon as practicable after making the decision to dismiss employees, but in any case before dismissing any of the employees.\n(sec.330-ssec.3) If the employer does not give the organisation an opportunity to consult as required, the commission may make the orders it considers appropriate to put employees, and their organisations, in the same position, as nearly as can be done, as if the employer had done so.\n(sec.330-ssec.4) The commission may make an order on application from an employee or organisation that is to be affected by the order.\n(sec.330-ssec.5) Subsections (1) and (2) do not apply to an organisation if the employer could not reasonably be expected to have known, at the time of the decision, that the organisation’s rules give it a right to represent the industrial interests of a dismissed employee.\n- (a) avoid or minimise the dismissals; and\n- (b) minimise the adverse effects of the dismissals, for example, by finding alternative employment.","sortOrder":412},{"sectionNumber":"sec.331","sectionType":"section","heading":"Time for making application under this subdivision","content":"### sec.331 Time for making application under this subdivision\n\nAn application for an order under this subdivision must be made—\nbefore, or within 21 days after, the dismissal takes effect; or\nif the commission allows a further period on an application made at any time—within the further period.\n- (a) before, or within 21 days after, the dismissal takes effect; or\n- (b) if the commission allows a further period on an application made at any time—within the further period.","sortOrder":413},{"sectionNumber":"ch.8-pt.2-div.4","sectionType":"division","heading":"Stand-down of employees","content":"## Stand-down of employees","sortOrder":414},{"sectionNumber":"sec.332","sectionType":"section","heading":"Employee stood down in December then re-employed in January","content":"### sec.332 Employee stood down in December then re-employed in January\n\nThis section applies to an employee, other than a casual employee, who—\nis stood down by an employer during December; and\nis re-employed by the employer before the end of the next January; and\nwas employed by the employer for a continuous period of at least 2 weeks immediately before being stood down.\nThe employer must pay the employee at the ordinary rate payable to the employee immediately before the stand-down for the Christmas Eve (from 6p.m. to midnight), Christmas Day, Boxing Day, and New Year’s Day public holidays between the stand-down and the re-employment.\nIn this section—\nstand-down includes dismissal.\ns 332 amd 2019 No. 37 s 5\n(sec.332-ssec.1) This section applies to an employee, other than a casual employee, who— is stood down by an employer during December; and is re-employed by the employer before the end of the next January; and was employed by the employer for a continuous period of at least 2 weeks immediately before being stood down.\n(sec.332-ssec.2) The employer must pay the employee at the ordinary rate payable to the employee immediately before the stand-down for the Christmas Eve (from 6p.m. to midnight), Christmas Day, Boxing Day, and New Year’s Day public holidays between the stand-down and the re-employment.\n(sec.332-ssec.3) In this section— stand-down includes dismissal.\n- (a) is stood down by an employer during December; and\n- (b) is re-employed by the employer before the end of the next January; and\n- (c) was employed by the employer for a continuous period of at least 2 weeks immediately before being stood down.","sortOrder":415},{"sectionNumber":"sec.333","sectionType":"section","heading":"Permissible stand-down of employee","content":"### sec.333 Permissible stand-down of employee\n\nAn employer may stand down an employee on a day, or for part of a day, when the employee can not be usefully employed because of something that happened—\nfor which the employer is not responsible; or\nover which the employer has no control.\nThe employer may stand down the employee without pay, unless an industrial instrument provides otherwise.\n(sec.333-ssec.1) An employer may stand down an employee on a day, or for part of a day, when the employee can not be usefully employed because of something that happened— for which the employer is not responsible; or over which the employer has no control.\n(sec.333-ssec.2) The employer may stand down the employee without pay, unless an industrial instrument provides otherwise.\n- (a) for which the employer is not responsible; or\n- (b) over which the employer has no control.","sortOrder":416},{"sectionNumber":"ch.8-pt.2-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":417},{"sectionNumber":"sec.334","sectionType":"section","heading":"Part does not limit other rights","content":"### sec.334 Part does not limit other rights\n\nThis part does not limit a right a person or organisation may otherwise have to—\nappeal against a dismissal; or\nhave an industrial instrument or order about a dismissal made.\n- (a) appeal against a dismissal; or\n- (b) have an industrial instrument or order about a dismissal made.","sortOrder":418},{"sectionNumber":"sec.335","sectionType":"section","heading":"Inconsistent instruments and orders","content":"### sec.335 Inconsistent instruments and orders\n\nAn industrial instrument or order that is inconsistent with an order under this part does not apply to the extent the inconsistency detrimentally affects the rights of employees concerned.","sortOrder":419},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Employers records","content":"# Employers records","sortOrder":420},{"sectionNumber":"ch.9-pt.1-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":421},{"sectionNumber":"sec.336","sectionType":"section","heading":"Definitions for part","content":"### sec.336 Definitions for part\n\nIn this part—\nauthorised officer see section 337 (3) .\nindustrial instrument employee means a person who—\nis or has been employed by an employer; and\nworks or has worked under an industrial instrument or permit.\nnon-industrial instrument employee means a person who—\nis or has been employed by an employer; and\nworks or has worked other than under an industrial instrument or a permit.\ntime and wages record —\nfor an industrial instrument employee—means a time and wages record required to be kept under section 339 ; and\nfor a non-industrial instrument employee—means a time and wages record required to be kept under section 340 .\n- (a) is or has been employed by an employer; and\n- (b) works or has worked under an industrial instrument or permit.\n- (a) is or has been employed by an employer; and\n- (b) works or has worked other than under an industrial instrument or a permit.\n- (a) for an industrial instrument employee—means a time and wages record required to be kept under section 339 ; and\n- (b) for a non-industrial instrument employee—means a time and wages record required to be kept under section 340 .","sortOrder":422},{"sectionNumber":"ch.9-pt.1-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":423},{"sectionNumber":"sec.337","sectionType":"section","heading":"Authorising officers","content":"### sec.337 Authorising officers\n\nThe registrar, on application by an organisation, may issue an officer or employee of the organisation with an authority under this section.\nAn authority may be subject to conditions stated in it.\nA person (an authorised officer ) who holds an authority that is in force may exercise the powers of an authorised officer under this part.\nThe authority—\nmust be applied for in the way prescribed by a regulation; and\nis in force for the term stated in it, unless it sooner stops being in force for a reason mentioned in paragraph (c) ; and\nstops being in force—\non its revocation; or\non its suspension, for the period of suspension; or\non its holder ceasing to be an officer or employee of the organisation that made the application or ceasing to be an authorised officer acceptable to the organisation.\nIf an authority stops being in force under subsection (4) (c) (iii) , the organisation who applied for it—\nmust notify the registrar within 14 days after the authorisation stops being in force; and\non the registrar’s request, must surrender the authority to the registrar.\nMaximum penalty for subsection (5) —16 penalty units.\n(sec.337-ssec.1) The registrar, on application by an organisation, may issue an officer or employee of the organisation with an authority under this section.\n(sec.337-ssec.2) An authority may be subject to conditions stated in it.\n(sec.337-ssec.3) A person (an authorised officer ) who holds an authority that is in force may exercise the powers of an authorised officer under this part.\n(sec.337-ssec.4) The authority— must be applied for in the way prescribed by a regulation; and is in force for the term stated in it, unless it sooner stops being in force for a reason mentioned in paragraph (c) ; and stops being in force— on its revocation; or on its suspension, for the period of suspension; or on its holder ceasing to be an officer or employee of the organisation that made the application or ceasing to be an authorised officer acceptable to the organisation.\n(sec.337-ssec.5) If an authority stops being in force under subsection (4) (c) (iii) , the organisation who applied for it— must notify the registrar within 14 days after the authorisation stops being in force; and on the registrar’s request, must surrender the authority to the registrar. Maximum penalty for subsection (5) —16 penalty units.\n- (a) must be applied for in the way prescribed by a regulation; and\n- (b) is in force for the term stated in it, unless it sooner stops being in force for a reason mentioned in paragraph (c) ; and\n- (c) stops being in force— (i) on its revocation; or (ii) on its suspension, for the period of suspension; or (iii) on its holder ceasing to be an officer or employee of the organisation that made the application or ceasing to be an authorised officer acceptable to the organisation.\n- (i) on its revocation; or\n- (ii) on its suspension, for the period of suspension; or\n- (iii) on its holder ceasing to be an officer or employee of the organisation that made the application or ceasing to be an authorised officer acceptable to the organisation.\n- (i) on its revocation; or\n- (ii) on its suspension, for the period of suspension; or\n- (iii) on its holder ceasing to be an officer or employee of the organisation that made the application or ceasing to be an authorised officer acceptable to the organisation.\n- (a) must notify the registrar within 14 days after the authorisation stops being in force; and\n- (b) on the registrar’s request, must surrender the authority to the registrar.","sortOrder":424},{"sectionNumber":"sec.338","sectionType":"section","heading":"Revoking and suspending officer’s authorisation","content":"### sec.338 Revoking and suspending officer’s authorisation\n\nThe following persons may apply to the commission for an authorised officer’s authority under section 337 to be revoked or suspended—\nan employer;\na person required to produce a record under section 345 .\nIf, after considering an application under subsection (1) , the commission considers an authorised officer has abused the officer’s powers, the commission may—\nrevoke the officer’s authorisation; or\nsuspend the officer’s authorisation for a period it considers appropriate; or\nattach conditions to the officer’s authorisation it considers appropriate.\nFor subsection (2) , an authorised officer has abused the officer’s powers if the officer has—\ncontravened a condition of the authorisation; or\nentered an employer’s workplace other than under section 348 ; or\ncontravened section 348 (2) ; or\nexercised the officer’s power to enter in an unreasonable or vexatious way; or\nmade unreasonable, vexatious or inappropriate use of information obtained from inspecting a record made available because of the officer’s powers as an authorised officer.\n(sec.338-ssec.1) The following persons may apply to the commission for an authorised officer’s authority under section 337 to be revoked or suspended— an employer; a person required to produce a record under section 345 .\n(sec.338-ssec.2) If, after considering an application under subsection (1) , the commission considers an authorised officer has abused the officer’s powers, the commission may— revoke the officer’s authorisation; or suspend the officer’s authorisation for a period it considers appropriate; or attach conditions to the officer’s authorisation it considers appropriate.\n(sec.338-ssec.3) For subsection (2) , an authorised officer has abused the officer’s powers if the officer has— contravened a condition of the authorisation; or entered an employer’s workplace other than under section 348 ; or contravened section 348 (2) ; or exercised the officer’s power to enter in an unreasonable or vexatious way; or made unreasonable, vexatious or inappropriate use of information obtained from inspecting a record made available because of the officer’s powers as an authorised officer.\n- (a) an employer;\n- (b) a person required to produce a record under section 345 .\n- (a) revoke the officer’s authorisation; or\n- (b) suspend the officer’s authorisation for a period it considers appropriate; or\n- (c) attach conditions to the officer’s authorisation it considers appropriate.\n- (a) contravened a condition of the authorisation; or\n- (b) entered an employer’s workplace other than under section 348 ; or\n- (c) contravened section 348 (2) ; or\n- (d) exercised the officer’s power to enter in an unreasonable or vexatious way; or\n- (e) made unreasonable, vexatious or inappropriate use of information obtained from inspecting a record made available because of the officer’s powers as an authorised officer.","sortOrder":425},{"sectionNumber":"ch.9-pt.1-div.3","sectionType":"division","heading":"Employers to keep certain records","content":"## Employers to keep certain records","sortOrder":426},{"sectionNumber":"sec.339","sectionType":"section","heading":"Time and wages record—industrial instrument employees","content":"### sec.339 Time and wages record—industrial instrument employees\n\nAn employer must keep a time and wages record that contains the following particulars for each industrial instrument employee—\nthe employee’s full name and address;\nthe employee’s date of birth;\nfor each pay period—\nthe employee’s designation; and\nthe name of the industrial instrument or permit under which the employee is working; and\nthe number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks; and\nif the industrial instrument or permit provides for—\na weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or\npiecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\nthe gross and net wages paid to the employee; and\ndetails of any deductions made from the wages; and\ncontributions made by the employer to a superannuation fund;\nif an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year;\ndetails of sick leave credited or approved, and sick leave payments to the employee;\nthe date the employee became an employee of the employer;\nif appropriate, the date the employee stopped employment with the employer;\nother particulars necessary to show compliance with the hours of work, wage rates and general employment conditions provided under the instrument, permit or order under chapter 2 , part 5 .\nMaximum penalty—40 penalty units.\nThe employer must ensure the time and wages record—\nclearly states the employer’s full name; and\nis kept at, or can be accessed from, a workplace of the employer in Queensland.\nMaximum penalty—40 penalty units.\nIf the industrial instrument does not limit the employee’s daily or weekly working hours, particulars of the employee’s starting and finishing times each day need not be recorded, unless the instrument requires it.\nThe employer must keep the record— for 6 years after the date the work to which the record relates is performed.\nMaximum penalty—40 penalty units.\nIf asked by the employee, the employer must give the employee a certificate stating the total hours recorded under subsection (1) (d) for the employee, worked out to the previous 30 June.\nMaximum penalty—40 penalty units.\n(sec.339-ssec.1) An employer must keep a time and wages record that contains the following particulars for each industrial instrument employee— the employee’s full name and address; the employee’s date of birth; for each pay period— the employee’s designation; and the name of the industrial instrument or permit under which the employee is working; and the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks; and if the industrial instrument or permit provides for— a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and the gross and net wages paid to the employee; and details of any deductions made from the wages; and contributions made by the employer to a superannuation fund; if an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year; details of sick leave credited or approved, and sick leave payments to the employee; the date the employee became an employee of the employer; if appropriate, the date the employee stopped employment with the employer; other particulars necessary to show compliance with the hours of work, wage rates and general employment conditions provided under the instrument, permit or order under chapter 2 , part 5 . Maximum penalty—40 penalty units.\n(sec.339-ssec.2) The employer must ensure the time and wages record— clearly states the employer’s full name; and is kept at, or can be accessed from, a workplace of the employer in Queensland. Maximum penalty—40 penalty units.\n(sec.339-ssec.3) If the industrial instrument does not limit the employee’s daily or weekly working hours, particulars of the employee’s starting and finishing times each day need not be recorded, unless the instrument requires it.\n(sec.339-ssec.4) The employer must keep the record— for 6 years after the date the work to which the record relates is performed. Maximum penalty—40 penalty units.\n(sec.339-ssec.5) If asked by the employee, the employer must give the employee a certificate stating the total hours recorded under subsection (1) (d) for the employee, worked out to the previous 30 June. Maximum penalty—40 penalty units.\n- (a) the employee’s full name and address;\n- (b) the employee’s date of birth;\n- (c) for each pay period— (i) the employee’s designation; and (ii) the name of the industrial instrument or permit under which the employee is working; and (iii) the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks; and (iv) if the industrial instrument or permit provides for— (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and (v) the gross and net wages paid to the employee; and (vi) details of any deductions made from the wages; and (vii) contributions made by the employer to a superannuation fund;\n- (i) the employee’s designation; and\n- (ii) the name of the industrial instrument or permit under which the employee is working; and\n- (iii) the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks; and\n- (iv) if the industrial instrument or permit provides for— (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\n- (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or\n- (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\n- (v) the gross and net wages paid to the employee; and\n- (vi) details of any deductions made from the wages; and\n- (vii) contributions made by the employer to a superannuation fund;\n- (d) if an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year;\n- (e) details of sick leave credited or approved, and sick leave payments to the employee;\n- (f) the date the employee became an employee of the employer;\n- (g) if appropriate, the date the employee stopped employment with the employer;\n- (h) other particulars necessary to show compliance with the hours of work, wage rates and general employment conditions provided under the instrument, permit or order under chapter 2 , part 5 .\n- (i) the employee’s designation; and\n- (ii) the name of the industrial instrument or permit under which the employee is working; and\n- (iii) the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks; and\n- (iv) if the industrial instrument or permit provides for— (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\n- (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or\n- (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\n- (v) the gross and net wages paid to the employee; and\n- (vi) details of any deductions made from the wages; and\n- (vii) contributions made by the employer to a superannuation fund;\n- (A) a weekly, daily or hourly wage rate—details of the wage rate for each week, day, or hour at which the employee is paid; or\n- (B) piecework rates—details of the piecework performed and the rate at which payment is made to the employee; and\n- (a) clearly states the employer’s full name; and\n- (b) is kept at, or can be accessed from, a workplace of the employer in Queensland.","sortOrder":427},{"sectionNumber":"sec.340","sectionType":"section","heading":"Time and wages record—non-industrial instrument employees","content":"### sec.340 Time and wages record—non-industrial instrument employees\n\nAn employer must keep a time and wages record that contains the following particulars for each non-industrial instrument employee—\nthe employee’s full name and address;\nthe employee’s date of birth;\nfor each pay period—\nthe employee’s designation; and\nthe number of hours worked by the employee during each day and week; and\nthe employee’s wage rate; and\nSee, however, section 941 .\nthe gross and net wages paid to the employee; and\ndetails of any deductions made from the wages;\nif an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.\nMaximum penalty—40 penalty units.\nSubsection (1) (b) and (c) (ii) does not apply to an employee who is excluded from the operation of a general ruling for the Queensland minimum wage under section 458 (2) .\nThe employer must ensure the time and wages record—\nclearly states the employer’s full name; and\nis kept at, or can be accessed from, a workplace of the employer in Queensland.\nMaximum penalty—40 penalty units.\nThe employer must keep the record for 6 years after the date the work to which the record relates is performed.\nMaximum penalty—40 penalty units.\nIf asked by the employee, the employer must give the employee a certificate stating the total hours recorded under subsection (1) (d) for the employee, worked out to the previous 30 June.\nMaximum penalty—40 penalty units.\n(sec.340-ssec.1) An employer must keep a time and wages record that contains the following particulars for each non-industrial instrument employee— the employee’s full name and address; the employee’s date of birth; for each pay period— the employee’s designation; and the number of hours worked by the employee during each day and week; and the employee’s wage rate; and See, however, section 941 . the gross and net wages paid to the employee; and details of any deductions made from the wages; if an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year. Maximum penalty—40 penalty units.\n(sec.340-ssec.2) Subsection (1) (b) and (c) (ii) does not apply to an employee who is excluded from the operation of a general ruling for the Queensland minimum wage under section 458 (2) .\n(sec.340-ssec.3) The employer must ensure the time and wages record— clearly states the employer’s full name; and is kept at, or can be accessed from, a workplace of the employer in Queensland. Maximum penalty—40 penalty units.\n(sec.340-ssec.4) The employer must keep the record for 6 years after the date the work to which the record relates is performed. Maximum penalty—40 penalty units.\n(sec.340-ssec.5) If asked by the employee, the employer must give the employee a certificate stating the total hours recorded under subsection (1) (d) for the employee, worked out to the previous 30 June. Maximum penalty—40 penalty units.\n- (a) the employee’s full name and address;\n- (b) the employee’s date of birth;\n- (c) for each pay period— (i) the employee’s designation; and (ii) the number of hours worked by the employee during each day and week; and (iii) the employee’s wage rate; and Note— See, however, section 941 . (iv) the gross and net wages paid to the employee; and (v) details of any deductions made from the wages;\n- (i) the employee’s designation; and\n- (ii) the number of hours worked by the employee during each day and week; and\n- (iii) the employee’s wage rate; and Note— See, however, section 941 .\n- (iv) the gross and net wages paid to the employee; and\n- (v) details of any deductions made from the wages;\n- (d) if an employee’s entitlement to long service leave is worked out under section 103 —the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.\n- (i) the employee’s designation; and\n- (ii) the number of hours worked by the employee during each day and week; and\n- (iii) the employee’s wage rate; and Note— See, however, section 941 .\n- (iv) the gross and net wages paid to the employee; and\n- (v) details of any deductions made from the wages;\n- (a) clearly states the employer’s full name; and\n- (b) is kept at, or can be accessed from, a workplace of the employer in Queensland.","sortOrder":428},{"sectionNumber":"sec.341","sectionType":"section","heading":"Employee register","content":"### sec.341 Employee register\n\nAn employer must keep an employee register that contains the following particulars for each employee—\nthe employee’s full name and residential address;\nfor a person who is residing other than at the person’s permanent residence when the person becomes an employee—the person’s permanent residential address and the address of the person’s other residence;\nthe calling in which the employee is engaged;\nthe date the employee became an employee of the employer;\nif appropriate, the date the employee stopped employment with the employer.\nMaximum penalty—40 penalty units.\nIf an employer has more than 100 employees and the register is not an alphabetical index, the employer must keep an alphabetical index of the employee’s names.\nMaximum penalty—40 penalty units.\nWithin 14 days after a change in an employee’s calling, the employer must enter in the register particulars of the change and the date the change happened.\nMaximum penalty—40 penalty units.\nAn employee must tell the employer—\nthe employee’s residential address whenever asked by the employer; and\nif the employee changes the employee’s residential address—the new address immediately.\nMaximum penalty—40 penalty units.\nParticulars must be entered in a register opposite and relative to the name of the employee to whom the particulars relate.\nIf an employer carries on business at more than 1 place, the employer must keep a register for each place.\n(sec.341-ssec.1) An employer must keep an employee register that contains the following particulars for each employee— the employee’s full name and residential address; for a person who is residing other than at the person’s permanent residence when the person becomes an employee—the person’s permanent residential address and the address of the person’s other residence; the calling in which the employee is engaged; the date the employee became an employee of the employer; if appropriate, the date the employee stopped employment with the employer. Maximum penalty—40 penalty units.\n(sec.341-ssec.2) If an employer has more than 100 employees and the register is not an alphabetical index, the employer must keep an alphabetical index of the employee’s names. Maximum penalty—40 penalty units.\n(sec.341-ssec.3) Within 14 days after a change in an employee’s calling, the employer must enter in the register particulars of the change and the date the change happened. Maximum penalty—40 penalty units.\n(sec.341-ssec.4) An employee must tell the employer— the employee’s residential address whenever asked by the employer; and if the employee changes the employee’s residential address—the new address immediately. Maximum penalty—40 penalty units.\n(sec.341-ssec.5) Particulars must be entered in a register opposite and relative to the name of the employee to whom the particulars relate.\n(sec.341-ssec.6) If an employer carries on business at more than 1 place, the employer must keep a register for each place.\n- (a) the employee’s full name and residential address;\n- (b) for a person who is residing other than at the person’s permanent residence when the person becomes an employee—the person’s permanent residential address and the address of the person’s other residence;\n- (c) the calling in which the employee is engaged;\n- (d) the date the employee became an employee of the employer;\n- (e) if appropriate, the date the employee stopped employment with the employer.\n- (a) the employee’s residential address whenever asked by the employer; and\n- (b) if the employee changes the employee’s residential address—the new address immediately.","sortOrder":429},{"sectionNumber":"sec.342","sectionType":"section","heading":"Records and indices to be kept in English","content":"### sec.342 Records and indices to be kept in English\n\nAn employer must ensure a record or index kept under this part is kept, or is capable of being produced in, the English language.","sortOrder":430},{"sectionNumber":"sec.343","sectionType":"section","heading":"Notation of wages details","content":"### sec.343 Notation of wages details\n\nWhen paying an employee wages, the employer must state how the payment is made up by giving a written statement to the employee in accordance with subsection (2) .\nMaximum penalty—40 penalty units.\nThe statement must include the following particulars—\nthe employer’s full name;\nthe date of payment;\nthe period covered by the payment;\nthe number of hours covered by the payment at—\nordinary wage rate; and\novertime wage rate;\nthe ordinary hourly rate and the amount paid at that rate;\nthe overtime hourly rate and the amount paid at that rate;\nthe gross wages paid;\nthe net wages paid;\ndetails of any deductions made from the wages;\nthe amount of contribution paid to a superannuation fund.\nThe statement may be given on the employee’s pay envelope or advice.\n(sec.343-ssec.1) When paying an employee wages, the employer must state how the payment is made up by giving a written statement to the employee in accordance with subsection (2) . Maximum penalty—40 penalty units.\n(sec.343-ssec.2) The statement must include the following particulars— the employer’s full name; the date of payment; the period covered by the payment; the number of hours covered by the payment at— ordinary wage rate; and overtime wage rate; the ordinary hourly rate and the amount paid at that rate; the overtime hourly rate and the amount paid at that rate; the gross wages paid; the net wages paid; details of any deductions made from the wages; the amount of contribution paid to a superannuation fund.\n(sec.343-ssec.3) The statement may be given on the employee’s pay envelope or advice.\n- (a) the employer’s full name;\n- (b) the date of payment;\n- (c) the period covered by the payment;\n- (d) the number of hours covered by the payment at— (i) ordinary wage rate; and (ii) overtime wage rate;\n- (i) ordinary wage rate; and\n- (ii) overtime wage rate;\n- (e) the ordinary hourly rate and the amount paid at that rate;\n- (f) the overtime hourly rate and the amount paid at that rate;\n- (g) the gross wages paid;\n- (h) the net wages paid;\n- (i) details of any deductions made from the wages;\n- (j) the amount of contribution paid to a superannuation fund.\n- (i) ordinary wage rate; and\n- (ii) overtime wage rate;","sortOrder":431},{"sectionNumber":"ch.9-pt.1-div.4","sectionType":"division","heading":"Power to inspect certain records","content":"## Power to inspect certain records","sortOrder":432},{"sectionNumber":"sec.344","sectionType":"section","heading":"Inspecting time and wages record—inspector","content":"### sec.344 Inspecting time and wages record—inspector\n\nAn inspector may inspect a time and wages record—\nat a workplace in the employer’s business hours; or\nby asking for electronic access to the time and wages record.\nThe employer must—\nif the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or\nif the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record.\nMaximum penalty—40 penalty units.\nSubsection (4) applies if—\nan employer does not produce the time and wages record to the inspector or provide electronic access to the record; or\nan inspector is obstructed during the inspection of the time and wages record; or\nan inspector wants to inspect the time and wages record of a former employer.\nThe inspector may, by notice, require the employer or former employer to produce the time and wages record—\nat—\na stated workplace of the employer; or\nfor an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and\nat a stated reasonable time.\nIf the employer or former employer does not produce the record as required by the notice, the employer or former employer is taken to have failed to keep the record, unless the employer has a reasonable excuse.\nThe notice may be given by post or in another way.\n(sec.344-ssec.1) An inspector may inspect a time and wages record— at a workplace in the employer’s business hours; or by asking for electronic access to the time and wages record.\n(sec.344-ssec.2) The employer must— if the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or if the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record. Maximum penalty—40 penalty units.\n(sec.344-ssec.3) Subsection (4) applies if— an employer does not produce the time and wages record to the inspector or provide electronic access to the record; or an inspector is obstructed during the inspection of the time and wages record; or an inspector wants to inspect the time and wages record of a former employer.\n(sec.344-ssec.4) The inspector may, by notice, require the employer or former employer to produce the time and wages record— at— a stated workplace of the employer; or for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and at a stated reasonable time.\n(sec.344-ssec.5) If the employer or former employer does not produce the record as required by the notice, the employer or former employer is taken to have failed to keep the record, unless the employer has a reasonable excuse.\n(sec.344-ssec.6) The notice may be given by post or in another way.\n- (a) at a workplace in the employer’s business hours; or\n- (b) by asking for electronic access to the time and wages record.\n- (a) if the inspector asks to inspect the time and wages record at a workplace under subsection (1) (a) —allow the inspector to inspect the record; or\n- (b) if the inspector asks for electronic access of the time and wages record under subsection (1) (b) —give the inspector electronic access to the record.\n- (a) an employer does not produce the time and wages record to the inspector or provide electronic access to the record; or\n- (b) an inspector is obstructed during the inspection of the time and wages record; or\n- (c) an inspector wants to inspect the time and wages record of a former employer.\n- (a) at— (i) a stated workplace of the employer; or (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and\n- (i) a stated workplace of the employer; or\n- (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and\n- (b) at a stated reasonable time.\n- (i) a stated workplace of the employer; or\n- (ii) for an employer who has no official workplace or a former employer—a reasonably convenient place nominated by the inspector; and","sortOrder":433},{"sectionNumber":"sec.345","sectionType":"section","heading":"Right to request information about outworkers under code—authorised officer","content":"### sec.345 Right to request information about outworkers under code—authorised officer\n\nAn authorised officer who is an officer or employee of an organisation that is entitled to represent the industrial interests of an employee under the code made under section 389 may, by notice, require a person to—\nproduce a record required to be kept by the person under the code at a reasonable time and reasonable place; or\ngive the authorised officer electronic access to the record.\nThe person must comply with the notice.\nMaximum penalty—27 penalty units.\nThe officer may make a copy of the record, but can not require any help from the person.\n(sec.345-ssec.1) An authorised officer who is an officer or employee of an organisation that is entitled to represent the industrial interests of an employee under the code made under section 389 may, by notice, require a person to— produce a record required to be kept by the person under the code at a reasonable time and reasonable place; or give the authorised officer electronic access to the record.\n(sec.345-ssec.2) The person must comply with the notice. Maximum penalty—27 penalty units.\n(sec.345-ssec.3) The officer may make a copy of the record, but can not require any help from the person.\n- (a) produce a record required to be kept by the person under the code at a reasonable time and reasonable place; or\n- (b) give the authorised officer electronic access to the record.","sortOrder":434},{"sectionNumber":"sec.346","sectionType":"section","heading":"Inspecting employee register and index—registrar","content":"### sec.346 Inspecting employee register and index—registrar\n\nThe registrar may inspect an employer’s employee register and index—\nat a workplace in the employer’s business hours; or\nby requesting electronic access to the time and wages record.\nThe employer must—\nif the registrar inspects the time and wages record at a workplace under subsection (1) (a) —allow the registrar to inspect the record; or\nif the registrar requests access to an electronic copy of the time and wages record under subsection (1) (b) —give the registrar electronic access to the record.\nMaximum penalty—40 penalty units.\nThe registrar may, by notice, direct the employer to give the register or index to a stated person, at a stated reasonable time and place, if—\nthe registrar requires the register or index for a ballot; or\nthe registrar considers the direction is necessary to ensure an order of the court or commission requiring the register or index to be made available is complied with.\nThe employer must comply with the direction.\nMaximum penalty for subsection (4) —40 penalty units.\n(sec.346-ssec.1) The registrar may inspect an employer’s employee register and index— at a workplace in the employer’s business hours; or by requesting electronic access to the time and wages record.\n(sec.346-ssec.2) The employer must— if the registrar inspects the time and wages record at a workplace under subsection (1) (a) —allow the registrar to inspect the record; or if the registrar requests access to an electronic copy of the time and wages record under subsection (1) (b) —give the registrar electronic access to the record. Maximum penalty—40 penalty units.\n(sec.346-ssec.3) The registrar may, by notice, direct the employer to give the register or index to a stated person, at a stated reasonable time and place, if— the registrar requires the register or index for a ballot; or the registrar considers the direction is necessary to ensure an order of the court or commission requiring the register or index to be made available is complied with.\n(sec.346-ssec.4) The employer must comply with the direction. Maximum penalty for subsection (4) —40 penalty units.\n- (a) at a workplace in the employer’s business hours; or\n- (b) by requesting electronic access to the time and wages record.\n- (a) if the registrar inspects the time and wages record at a workplace under subsection (1) (a) —allow the registrar to inspect the record; or\n- (b) if the registrar requests access to an electronic copy of the time and wages record under subsection (1) (b) —give the registrar electronic access to the record.\n- (a) the registrar requires the register or index for a ballot; or\n- (b) the registrar considers the direction is necessary to ensure an order of the court or commission requiring the register or index to be made available is complied with.","sortOrder":435},{"sectionNumber":"sec.347","sectionType":"section","heading":"Inspecting time and wages book—employees","content":"### sec.347 Inspecting time and wages book—employees\n\nAn employee may inspect the time and wages record for the employee’s particulars relating to the 12-month period before the inspection.\nUnless the employer otherwise agrees, the employee may inspect the record only—\nonce in any 12-month period; and\nduring the employer’s business hours, but outside the employee’s working time.\nThe employer may give the particulars to the employee in writing.\n(sec.347-ssec.1) An employee may inspect the time and wages record for the employee’s particulars relating to the 12-month period before the inspection.\n(sec.347-ssec.2) Unless the employer otherwise agrees, the employee may inspect the record only— once in any 12-month period; and during the employer’s business hours, but outside the employee’s working time.\n(sec.347-ssec.3) The employer may give the particulars to the employee in writing.\n- (a) once in any 12-month period; and\n- (b) during the employer’s business hours, but outside the employee’s working time.","sortOrder":436},{"sectionNumber":"ch.9-pt.1-div.5","sectionType":"division","heading":"Entry and inspection of applicable documents—authorised officers","content":"## Entry and inspection of applicable documents—authorised officers","sortOrder":437},{"sectionNumber":"sec.348","sectionType":"section","heading":"Right of entry","content":"### sec.348 Right of entry\n\nAn authorised officer who is an officer or employee of an organisation may enter a workplace at which an employer carries on a calling of the officer’s organisation, during the employer’s business hours, to exercise a power under subdivision 2 .\nOn entering the workplace, the authorised officer must first—\nnotify the employer or the employer’s representative that has charge of the workplace of the officer’s presence; and\nproduce the officer’s authorisation, if required by the employer or representative.\nSubsection (2) does not apply if neither the employer nor the employer’s representative having charge of the workplace is present when the authorised officer enters the workplace.\nThe employer must not refuse an authorised officer entry to the workplace if the officer complies with subsection (2) .\nMaximum penalty—27 penalty units.\nIf the authorised officer does not comply with subsection (2) , the officer may be treated as a trespasser.\n(sec.348-ssec.1) An authorised officer who is an officer or employee of an organisation may enter a workplace at which an employer carries on a calling of the officer’s organisation, during the employer’s business hours, to exercise a power under subdivision 2 .\n(sec.348-ssec.2) On entering the workplace, the authorised officer must first— notify the employer or the employer’s representative that has charge of the workplace of the officer’s presence; and produce the officer’s authorisation, if required by the employer or representative.\n(sec.348-ssec.3) Subsection (2) does not apply if neither the employer nor the employer’s representative having charge of the workplace is present when the authorised officer enters the workplace.\n(sec.348-ssec.4) The employer must not refuse an authorised officer entry to the workplace if the officer complies with subsection (2) . Maximum penalty—27 penalty units.\n(sec.348-ssec.5) If the authorised officer does not comply with subsection (2) , the officer may be treated as a trespasser.\n- (a) notify the employer or the employer’s representative that has charge of the workplace of the officer’s presence; and\n- (b) produce the officer’s authorisation, if required by the employer or representative.","sortOrder":438},{"sectionNumber":"sec.349","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.349 Definitions for subdivision\n\nIn this subdivision—\nmember employee means—\nan employee who is a member of the organisation of which the authorised officer is an employee or officer; or\na former employee who was, or is, a member of the organisation of which the authorised officer is an employee or officer.\ntime and wages record means time and wages record required to be kept under section 339 or 340 .\n- (a) an employee who is a member of the organisation of which the authorised officer is an employee or officer; or\n- (b) a former employee who was, or is, a member of the organisation of which the authorised officer is an employee or officer.","sortOrder":439},{"sectionNumber":"sec.350","sectionType":"section","heading":"Right to inspect particular records","content":"### sec.350 Right to inspect particular records\n\nAfter entering a workplace under section 348 , an authorised officer may ask—\nto inspect an applicable record; or\nto be given electronic access to an applicable record; or\nto be given a document or other record reasonably required by the officer to verify the accuracy of a record inspected or accessed under paragraph (a) or (b) .\nSubject to section 354 , an employer must comply with the request.\nMaximum penalty—27 penalty units.\nHowever, an employer must not comply with the request to the extent that doing so is contrary to a written direction about the time and wages records of an employee, or a person eligible to be a member employee, given under section 351 .\nMaximum penalty—27 penalty units.\nThe officer may make a copy of the record or document, but can not require help from the employer.\nIf the employer keeps particulars other than those mentioned in section 339 in an applicable record, the employer need not make the other particulars available for inspection under subsection (2) .\nIn this section—\napplicable record means—\nthe time and wages record of—\na member employee; or\na person who is eligible to become a member employee; or\na record required to be kept under the code made under section 393 .\n(sec.350-ssec.1) After entering a workplace under section 348 , an authorised officer may ask— to inspect an applicable record; or to be given electronic access to an applicable record; or to be given a document or other record reasonably required by the officer to verify the accuracy of a record inspected or accessed under paragraph (a) or (b) .\n(sec.350-ssec.2) Subject to section 354 , an employer must comply with the request. Maximum penalty—27 penalty units.\n(sec.350-ssec.3) However, an employer must not comply with the request to the extent that doing so is contrary to a written direction about the time and wages records of an employee, or a person eligible to be a member employee, given under section 351 . Maximum penalty—27 penalty units.\n(sec.350-ssec.4) The officer may make a copy of the record or document, but can not require help from the employer.\n(sec.350-ssec.5) If the employer keeps particulars other than those mentioned in section 339 in an applicable record, the employer need not make the other particulars available for inspection under subsection (2) .\n(sec.350-ssec.6) In this section— applicable record means— the time and wages record of— a member employee; or a person who is eligible to become a member employee; or a record required to be kept under the code made under section 393 .\n- (a) to inspect an applicable record; or\n- (b) to be given electronic access to an applicable record; or\n- (c) to be given a document or other record reasonably required by the officer to verify the accuracy of a record inspected or accessed under paragraph (a) or (b) .\n- (a) the time and wages record of— (i) a member employee; or (ii) a person who is eligible to become a member employee; or\n- (i) a member employee; or\n- (ii) a person who is eligible to become a member employee; or\n- (b) a record required to be kept under the code made under section 393 .\n- (i) a member employee; or\n- (ii) a person who is eligible to become a member employee; or","sortOrder":440},{"sectionNumber":"sec.351","sectionType":"section","heading":"Written direction that records not be available for inspection","content":"### sec.351 Written direction that records not be available for inspection\n\nA member employee, or a person eligible to be a member employee, may give an employer a written direction that a time and wages record for the employee not be available for inspection or electronic access by—\nan authorised officer; or\na particular authorised officer.\nA person must not threaten or intimidate another person to persuade, or attempt to persuade, the person to give, or refuse to give, a written direction under subsection (1) .\nMaximum penalty—27 penalty units.\n(sec.351-ssec.1) A member employee, or a person eligible to be a member employee, may give an employer a written direction that a time and wages record for the employee not be available for inspection or electronic access by— an authorised officer; or a particular authorised officer.\n(sec.351-ssec.2) A person must not threaten or intimidate another person to persuade, or attempt to persuade, the person to give, or refuse to give, a written direction under subsection (1) . Maximum penalty—27 penalty units.\n- (a) an authorised officer; or\n- (b) a particular authorised officer.","sortOrder":441},{"sectionNumber":"sec.352","sectionType":"section","heading":"Discussing matters with employer or employee","content":"### sec.352 Discussing matters with employer or employee\n\nAn authorised officer may discuss matters under this Act with the following persons during working or non-working time—\nan employer;\na member employee, or a person eligible to become a member employee.\nThe officer may discuss any other matter with a member employee, or an employee who is eligible to become a member of the officer’s organisation, during non-working time.\nA person must not obstruct the officer exercising a power under this section.\nMaximum penalty—27 penalty units.\n(sec.352-ssec.1) An authorised officer may discuss matters under this Act with the following persons during working or non-working time— an employer; a member employee, or a person eligible to become a member employee.\n(sec.352-ssec.2) The officer may discuss any other matter with a member employee, or an employee who is eligible to become a member of the officer’s organisation, during non-working time.\n(sec.352-ssec.3) A person must not obstruct the officer exercising a power under this section. Maximum penalty—27 penalty units.\n- (a) an employer;\n- (b) a member employee, or a person eligible to become a member employee.","sortOrder":442},{"sectionNumber":"sec.353","sectionType":"section","heading":"Authorised officer must not obstruct an employer or employee","content":"### sec.353 Authorised officer must not obstruct an employer or employee\n\nAn authorised officer must not wilfully obstruct an employer, or an employee during the employee’s working time.\nMaximum penalty—27 penalty units.","sortOrder":443},{"sectionNumber":"sec.354","sectionType":"section","heading":"Person must not act as authorised officer without authorisation","content":"### sec.354 Person must not act as authorised officer without authorisation\n\nA person must not act as an authorised officer unless the person holds a current authorisation.\nMaximum penalty—27 penalty units.","sortOrder":444},{"sectionNumber":"ch.9-pt.1-div.6","sectionType":"division","heading":"Providing employee information to employee organisations","content":"## Providing employee information to employee organisations","sortOrder":445},{"sectionNumber":"sec.354A","sectionType":"section","heading":null,"content":"### Section sec.354A\n\ns 354A ins 2020 No. 34 s 8A\nom 2022 No. 27 s 39","sortOrder":446},{"sectionNumber":"sec.354B","sectionType":"section","heading":"Authority to give information","content":"### sec.354B Authority to give information\n\nAn employee may authorise the employee’s employer to give information about the employee to an employee organisation.\nThe authorisation may be given to the employer—\ndirectly by the employee; or\nby an employee organisation on behalf of the employee.\nThe authorisation—\nmust be in writing and legible; and\nmust state—\nthe name of the employee; and\nthe name of the employee’s employer; and\nthe information to which the authorisation applies; and\nthe name of the employee organisation that may request the information and to which the information must be given; and\nmust be signed by the employee, including by electronic signature; and\nmay be made electronically.\nThe authorisation has effect until the earliest of the following events happens—\nthe authorisation is withdrawn by the employee;\nthe employee’s employment with the employer ends;\nthere is a break in the employee’s continuity of employment of longer than 3 months.\nThe employer must keep an authorisation given under this section at, or in a place where it can be accessed from, a workplace of the employer in Queensland.\nThis subsection is a civil penalty provision.\ns 354B ins 2020 No. 34 s 8A\namd 2022 No. 27 s 3 sch 1\n(sec.354B-ssec.1) An employee may authorise the employee’s employer to give information about the employee to an employee organisation.\n(sec.354B-ssec.2) The authorisation may be given to the employer— directly by the employee; or by an employee organisation on behalf of the employee.\n(sec.354B-ssec.3) The authorisation— must be in writing and legible; and must state— the name of the employee; and the name of the employee’s employer; and the information to which the authorisation applies; and the name of the employee organisation that may request the information and to which the information must be given; and must be signed by the employee, including by electronic signature; and may be made electronically.\n(sec.354B-ssec.4) The authorisation has effect until the earliest of the following events happens— the authorisation is withdrawn by the employee; the employee’s employment with the employer ends; there is a break in the employee’s continuity of employment of longer than 3 months.\n(sec.354B-ssec.5) The employer must keep an authorisation given under this section at, or in a place where it can be accessed from, a workplace of the employer in Queensland. This subsection is a civil penalty provision.\n- (a) directly by the employee; or\n- (b) by an employee organisation on behalf of the employee.\n- (a) must be in writing and legible; and\n- (b) must state— (i) the name of the employee; and (ii) the name of the employee’s employer; and (iii) the information to which the authorisation applies; and (iv) the name of the employee organisation that may request the information and to which the information must be given; and\n- (i) the name of the employee; and\n- (ii) the name of the employee’s employer; and\n- (iii) the information to which the authorisation applies; and\n- (iv) the name of the employee organisation that may request the information and to which the information must be given; and\n- (c) must be signed by the employee, including by electronic signature; and\n- (d) may be made electronically.\n- (i) the name of the employee; and\n- (ii) the name of the employee’s employer; and\n- (iii) the information to which the authorisation applies; and\n- (iv) the name of the employee organisation that may request the information and to which the information must be given; and\n- (a) the authorisation is withdrawn by the employee;\n- (b) the employee’s employment with the employer ends;\n- (c) there is a break in the employee’s continuity of employment of longer than 3 months.","sortOrder":447},{"sectionNumber":"sec.354C","sectionType":"section","heading":"Requirement to give information","content":"### sec.354C Requirement to give information\n\nThis section applies if—\nan employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and\nthe employee organisation gives the employer a written request for the information about the employee.\nThe employer must, within 15 business days after receiving the request, give the employee organisation—\nthe information requested to the extent it is held, or able to be accessed, by the employer; or\nif some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given.\nThis subsection is a civil penalty provision.\nSubsection (2) (a) does not apply if giving the information is inconsistent with an Act or law.\nThe information—\nmust be given in writing and be legible; and\nmay be given electronically.\nIf the employer gives information to the employee organisation under subsection (2) (a) , the employer must notify the employee.\nIf the employee is employed in a department (the first department ), the information required to be given to the employee organisation by the first department includes information that—\nis held by another department; and\nrelates to the employee’s employment in the first department.\nHowever, if the employee is employed in more than 1 department, the information required to be given by the department to which the request is given is limited to the information about the employee’s employment in that department.\nIn this section—\ndepartment includes a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) .\ns 354C ins 2020 No. 34 s 8A\namd 2022 No. 27 s 3 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.354C-ssec.1) This section applies if— an employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and the employee organisation gives the employer a written request for the information about the employee.\n(sec.354C-ssec.2) The employer must, within 15 business days after receiving the request, give the employee organisation— the information requested to the extent it is held, or able to be accessed, by the employer; or if some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given. This subsection is a civil penalty provision.\n(sec.354C-ssec.3) Subsection (2) (a) does not apply if giving the information is inconsistent with an Act or law.\n(sec.354C-ssec.4) The information— must be given in writing and be legible; and may be given electronically.\n(sec.354C-ssec.5) If the employer gives information to the employee organisation under subsection (2) (a) , the employer must notify the employee.\n(sec.354C-ssec.6) If the employee is employed in a department (the first department ), the information required to be given to the employee organisation by the first department includes information that— is held by another department; and relates to the employee’s employment in the first department.\n(sec.354C-ssec.7) However, if the employee is employed in more than 1 department, the information required to be given by the department to which the request is given is limited to the information about the employee’s employment in that department.\n(sec.354C-ssec.8) In this section— department includes a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) .\n- (a) an employee has authorised an employer under section 354B to give information about the employee to an employee organisation; and\n- (b) the employee organisation gives the employer a written request for the information about the employee.\n- (a) the information requested to the extent it is held, or able to be accessed, by the employer; or\n- (b) if some or all of the information requested can not be given because it is not held, or able to be accessed, by the employer or because subsection (3) applies—a notice identifying the information that can not be given and the reason it can not be given.\n- (a) must be given in writing and be legible; and\n- (b) may be given electronically.\n- (a) is held by another department; and\n- (b) relates to the employee’s employment in the first department.","sortOrder":448},{"sectionNumber":"sec.354D","sectionType":"section","heading":"Unlawful access","content":"### sec.354D Unlawful access\n\nA person must not wilfully deceive or mislead an employer in order to gain access under this division to information about an employee.\nMaximum penalty—40 penalty units.\ns 354D ins 2020 No. 34 s 8A","sortOrder":449},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Wages and occupational superannuation","content":"# Wages and occupational superannuation","sortOrder":450},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":451},{"sectionNumber":"sec.355","sectionType":"section","heading":"Definitions for part","content":"### sec.355 Definitions for part\n\nIn this part—\nattachment notice means an attachment notice serviced on a prime contractor under section 360 .\ncontracted work means work that is, or is to be, performed under a contract or undertaking (whether written or unwritten).\nemployer , in division 2 , means the person—\nwith whom a prime contractor has contracted to perform work; or\nwho has an obligation to a prime contractor to perform work.\nmine , in division 5 , means a mine within the meaning of the Mining and Quarrying Safety and Health Act 1999 .\nmortgagee , in division 5 , means a person entitled to payment under the security of an instrument of mortgage, crop lien, stock mortgage or bill of sale.\nmortgagor , in division 5 , means a person liable to pay a mortgagee under an instrument of mortgage, crop lien, stock mortgage or bill of sale.\nprime contractor means—\na person (the contractor ) who contracts with someone else for the performance of work by the other person, or at whose request, or on whose credit or behalf and with whose knowledge and consent, work is performed; or\na person, claiming under the contractor, whose rights are acquired after the work begins.\nsubcontractor means a person who contracts with an employer to perform work to discharge the employer’s obligation to a prime contractor.\n- (a) with whom a prime contractor has contracted to perform work; or\n- (b) who has an obligation to a prime contractor to perform work.\n- (a) a person (the contractor ) who contracts with someone else for the performance of work by the other person, or at whose request, or on whose credit or behalf and with whose knowledge and consent, work is performed; or\n- (b) a person, claiming under the contractor, whose rights are acquired after the work begins.","sortOrder":452},{"sectionNumber":"sec.356","sectionType":"section","heading":"References to service","content":"### sec.356 References to service\n\nA reference in this part to service on a person includes reference to service on the person’s agent.","sortOrder":453},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Protection for wages","content":"## Protection for wages","sortOrder":454},{"sectionNumber":"sec.357","sectionType":"section","heading":"Wages are first charge on amounts payable to employer","content":"### sec.357 Wages are first charge on amounts payable to employer\n\nWages payable to employees employed on any contracted work are, subject to the prime contractor’s rights as prescribed under this Act, a first charge on the amount payable to the employer by the prime contractor for the work.\nUntil a notice of attachment under section 360 is served on the prime contractor, the prime contractor may pay the employer all amounts payable for the contracted work.\n(sec.357-ssec.1) Wages payable to employees employed on any contracted work are, subject to the prime contractor’s rights as prescribed under this Act, a first charge on the amount payable to the employer by the prime contractor for the work.\n(sec.357-ssec.2) Until a notice of attachment under section 360 is served on the prime contractor, the prime contractor may pay the employer all amounts payable for the contracted work.","sortOrder":455},{"sectionNumber":"sec.358","sectionType":"section","heading":"Assignment of amount payable ineffectual against claims for wages","content":"### sec.358 Assignment of amount payable ineffectual against claims for wages\n\nThis section applies to an assignment by an employer of amounts that have become, or are to become, payable to the employer by a prime contractor for contracted work.\nThe assignment is of no effect as against wages payable, or to become payable, to employees employed by the employer in performance of the work.\nSubsection (2) does not apply if the assignment is to the employees employed by the employer in performance of the work concerned for wages payable, or to become payable, to them for performing the work.\nIn this section—\nassignment includes disposition and charge, whether legal or equitable.\n(sec.358-ssec.1) This section applies to an assignment by an employer of amounts that have become, or are to become, payable to the employer by a prime contractor for contracted work.\n(sec.358-ssec.2) The assignment is of no effect as against wages payable, or to become payable, to employees employed by the employer in performance of the work.\n(sec.358-ssec.3) Subsection (2) does not apply if the assignment is to the employees employed by the employer in performance of the work concerned for wages payable, or to become payable, to them for performing the work.\n(sec.358-ssec.4) In this section— assignment includes disposition and charge, whether legal or equitable.","sortOrder":456},{"sectionNumber":"sec.359","sectionType":"section","heading":"Amounts paid or payable to employer to be applied in payment of wages","content":"### sec.359 Amounts paid or payable to employer to be applied in payment of wages\n\nThis section applies to amounts paid or payable to an employer by a prime contractor for contracted work.\nThe amount is not liable to be attached or charged, other than by employees mentioned in subsection (5) , until all wages payable, or to become payable, to the employees have been—\nproperly paid to the employees; or\nhave been secured to the employees in a way approved by a magistrate.\nThe employer must apply the amounts received, to the extent necessary, in payment of wages payable, or to become payable, to employees employed by the employer in performance of work for which the amounts are received.\nMaximum penalty—40 penalty units.\nThe employer must keep an accurate written account of the amounts received from the prime contractor, and of the way the amounts have been disbursed or disposed of.\nMaximum penalty—40 penalty units.\nThe employer must produce the account for inspection to an employee—\nemployed by the employer in performance of work for which the amounts are received; and\nwhose wages are more than 8 days in arrears and are not paid when demanded; and\nwho asks to see the account.\nMaximum penalty—40 penalty units.\nThe employer must allow the employee to make a copy of the account.\nMaximum penalty—40 penalty units.\n(sec.359-ssec.1) This section applies to amounts paid or payable to an employer by a prime contractor for contracted work.\n(sec.359-ssec.2) The amount is not liable to be attached or charged, other than by employees mentioned in subsection (5) , until all wages payable, or to become payable, to the employees have been— properly paid to the employees; or have been secured to the employees in a way approved by a magistrate.\n(sec.359-ssec.3) The employer must apply the amounts received, to the extent necessary, in payment of wages payable, or to become payable, to employees employed by the employer in performance of work for which the amounts are received. Maximum penalty—40 penalty units.\n(sec.359-ssec.4) The employer must keep an accurate written account of the amounts received from the prime contractor, and of the way the amounts have been disbursed or disposed of. Maximum penalty—40 penalty units.\n(sec.359-ssec.5) The employer must produce the account for inspection to an employee— employed by the employer in performance of work for which the amounts are received; and whose wages are more than 8 days in arrears and are not paid when demanded; and who asks to see the account. Maximum penalty—40 penalty units.\n(sec.359-ssec.6) The employer must allow the employee to make a copy of the account. Maximum penalty—40 penalty units.\n- (a) properly paid to the employees; or\n- (b) have been secured to the employees in a way approved by a magistrate.\n- (a) employed by the employer in performance of work for which the amounts are received; and\n- (b) whose wages are more than 8 days in arrears and are not paid when demanded; and\n- (c) who asks to see the account.","sortOrder":457},{"sectionNumber":"sec.360","sectionType":"section","heading":"Attachment notices","content":"### sec.360 Attachment notices\n\nAn employee, whose wages remain unpaid for 24 hours after the wages are payable and have been demanded by the employee, may serve the prime contractor with an attachment notice in the approved form.","sortOrder":458},{"sectionNumber":"sec.361","sectionType":"section","heading":"Effect of attachment notice","content":"### sec.361 Effect of attachment notice\n\nThis section applies if an attachment notice is served on the prime contractor.\nThe prime contractor must keep from the amounts payable, or to become payable, by the prime contractor to the employer for the contracted work an amount sufficient to satisfy—\nthe claim for wages stated in the notice; and\nall further claims for wages stated in notices of attachment served on the prime contractor within 7 days after the service of the first notice.\nAt the end of the 7 day period, the amount claimed as wages and stated in the notices is attached in the prime contractor’s hands, and must be kept by the prime contractor until—\na magistrate orders to whom, and in what way, the amount must be paid; or\nthe prime contractor deals with the amount under subsection (4) ; or\nthe notices are withdrawn.\nAfter being served with a notice, the prime contractor may pay the amount to which the notice relates to a clerk of the Magistrates Court until—\na magistrate makes an order in relation to the amount; or\nthe notice is withdrawn.\nThe payment—\nmust be accompanied by the notice or a copy of it; and\nis a full discharge of the prime contractor from liability for the amount paid and costs of proceedings for the amount.\nAn amount paid to a clerk of the Magistrates Court may be paid out only—\non the order of a magistrate; or\nif the relevant attachment notice is withdrawn.\nA prime contractor who fails to keep, or to pay under subsection (4) , an amount required by subsection (2) or (3) to be kept is personally liable to each employee in the amount of the employee’s claim for wages stated in the employee’s attachment notice served on the prime contractor.\nAn employee who has served an attachment notice on a prime contractor may withdraw the notice by giving notice of withdrawal to—\nthe prime contractor; and\nthe employer to whom amounts are payable, or are to become payable, by the prime contractor.\n(sec.361-ssec.1) This section applies if an attachment notice is served on the prime contractor.\n(sec.361-ssec.2) The prime contractor must keep from the amounts payable, or to become payable, by the prime contractor to the employer for the contracted work an amount sufficient to satisfy— the claim for wages stated in the notice; and all further claims for wages stated in notices of attachment served on the prime contractor within 7 days after the service of the first notice.\n(sec.361-ssec.3) At the end of the 7 day period, the amount claimed as wages and stated in the notices is attached in the prime contractor’s hands, and must be kept by the prime contractor until— a magistrate orders to whom, and in what way, the amount must be paid; or the prime contractor deals with the amount under subsection (4) ; or the notices are withdrawn.\n(sec.361-ssec.4) After being served with a notice, the prime contractor may pay the amount to which the notice relates to a clerk of the Magistrates Court until— a magistrate makes an order in relation to the amount; or the notice is withdrawn.\n(sec.361-ssec.5) The payment— must be accompanied by the notice or a copy of it; and is a full discharge of the prime contractor from liability for the amount paid and costs of proceedings for the amount.\n(sec.361-ssec.6) An amount paid to a clerk of the Magistrates Court may be paid out only— on the order of a magistrate; or if the relevant attachment notice is withdrawn.\n(sec.361-ssec.7) A prime contractor who fails to keep, or to pay under subsection (4) , an amount required by subsection (2) or (3) to be kept is personally liable to each employee in the amount of the employee’s claim for wages stated in the employee’s attachment notice served on the prime contractor.\n(sec.361-ssec.8) An employee who has served an attachment notice on a prime contractor may withdraw the notice by giving notice of withdrawal to— the prime contractor; and the employer to whom amounts are payable, or are to become payable, by the prime contractor.\n- (a) the claim for wages stated in the notice; and\n- (b) all further claims for wages stated in notices of attachment served on the prime contractor within 7 days after the service of the first notice.\n- (a) a magistrate orders to whom, and in what way, the amount must be paid; or\n- (b) the prime contractor deals with the amount under subsection (4) ; or\n- (c) the notices are withdrawn.\n- (a) a magistrate makes an order in relation to the amount; or\n- (b) the notice is withdrawn.\n- (a) must be accompanied by the notice or a copy of it; and\n- (b) is a full discharge of the prime contractor from liability for the amount paid and costs of proceedings for the amount.\n- (a) on the order of a magistrate; or\n- (b) if the relevant attachment notice is withdrawn.\n- (a) the prime contractor; and\n- (b) the employer to whom amounts are payable, or are to become payable, by the prime contractor.","sortOrder":459},{"sectionNumber":"sec.362","sectionType":"section","heading":"Orders for payment by prime contractor or clerk of the court","content":"### sec.362 Orders for payment by prime contractor or clerk of the court\n\nSubsection (2) applies if an employee who served an attachment notice on a prime contractor obtains judgment from a magistrate against the employer for the claim for wages.\nThe magistrate may order the judgment be satisfied, wholly or partly, by payment of a stated amount—\nfrom amounts paid to the clerk of the Magistrates Court under section 361 (4) ; or\nif no amount was paid to the clerk under section 361 (4) or the amount paid was not enough to cover the amount ordered to be paid by the magistrate—by the prime contractor.\nIn deciding the amount that should be ordered to be paid for an employee’s claim, the magistrate must take into account the existence of claims for wages of other employees of the employer of which the magistrate has knowledge.\nSubject to an appeal against the magistrate’s decision, the clerk or prime contractor must pay the amount stated in the relevant order to the employee from the amounts—\npaid to the clerk under section 361 (4) ; or\nattached and kept in the hands of the prime contractor.\nPayment must be made within 21 days after a copy of the order is served on the clerk or prime contractor.\nIf an appeal is started and notice of it is served, the clerk or prime contractor must continue to keep or hold the amounts from which payment is to be made until the appeal is finally decided or discontinued.\nThe prime contractor is not liable for an amount that is more than the greater of the following amounts—\nthe amount actually payable by the prime contractor to the employer when the order is served;\nthe amount actually payable by the prime contractor to the employer when payment is made under the order.\n(sec.362-ssec.1) Subsection (2) applies if an employee who served an attachment notice on a prime contractor obtains judgment from a magistrate against the employer for the claim for wages.\n(sec.362-ssec.2) The magistrate may order the judgment be satisfied, wholly or partly, by payment of a stated amount— from amounts paid to the clerk of the Magistrates Court under section 361 (4) ; or if no amount was paid to the clerk under section 361 (4) or the amount paid was not enough to cover the amount ordered to be paid by the magistrate—by the prime contractor.\n(sec.362-ssec.3) In deciding the amount that should be ordered to be paid for an employee’s claim, the magistrate must take into account the existence of claims for wages of other employees of the employer of which the magistrate has knowledge.\n(sec.362-ssec.4) Subject to an appeal against the magistrate’s decision, the clerk or prime contractor must pay the amount stated in the relevant order to the employee from the amounts— paid to the clerk under section 361 (4) ; or attached and kept in the hands of the prime contractor.\n(sec.362-ssec.5) Payment must be made within 21 days after a copy of the order is served on the clerk or prime contractor.\n(sec.362-ssec.6) If an appeal is started and notice of it is served, the clerk or prime contractor must continue to keep or hold the amounts from which payment is to be made until the appeal is finally decided or discontinued.\n(sec.362-ssec.7) The prime contractor is not liable for an amount that is more than the greater of the following amounts— the amount actually payable by the prime contractor to the employer when the order is served; the amount actually payable by the prime contractor to the employer when payment is made under the order.\n- (a) from amounts paid to the clerk of the Magistrates Court under section 361 (4) ; or\n- (b) if no amount was paid to the clerk under section 361 (4) or the amount paid was not enough to cover the amount ordered to be paid by the magistrate—by the prime contractor.\n- (a) paid to the clerk under section 361 (4) ; or\n- (b) attached and kept in the hands of the prime contractor.\n- (a) the amount actually payable by the prime contractor to the employer when the order is served;\n- (b) the amount actually payable by the prime contractor to the employer when payment is made under the order.","sortOrder":460},{"sectionNumber":"sec.363","sectionType":"section","heading":"Employees to be paid according to when attachment notices are served","content":"### sec.363 Employees to be paid according to when attachment notices are served\n\nAn amount attached in the hands of a prime contractor, or paid to a clerk of the Magistrates Court, is to be paid in priority according to the order of the service of the relevant attachment notices.\nHowever, for this section, all notices served within 7 days after the service of the first notice are—\ntaken to have been served simultaneously with the first notice; and\naccorded equal priority to distribution of the amount attached or paid.\nThe claims for wages of all employees who are taken to have served notices simultaneously must be paid in full, unless the amounts attached in the hands of the prime contractor or held by the clerk are insufficient for the purpose.\nIf the amounts are insufficient for the purpose, the claims are to abate in equal proportions among themselves.\nSubsection (1) is subject to sections 360 to 362 .\n(sec.363-ssec.1) An amount attached in the hands of a prime contractor, or paid to a clerk of the Magistrates Court, is to be paid in priority according to the order of the service of the relevant attachment notices.\n(sec.363-ssec.2) However, for this section, all notices served within 7 days after the service of the first notice are— taken to have been served simultaneously with the first notice; and accorded equal priority to distribution of the amount attached or paid.\n(sec.363-ssec.3) The claims for wages of all employees who are taken to have served notices simultaneously must be paid in full, unless the amounts attached in the hands of the prime contractor or held by the clerk are insufficient for the purpose.\n(sec.363-ssec.4) If the amounts are insufficient for the purpose, the claims are to abate in equal proportions among themselves.\n(sec.363-ssec.5) Subsection (1) is subject to sections 360 to 362 .\n- (a) taken to have been served simultaneously with the first notice; and\n- (b) accorded equal priority to distribution of the amount attached or paid.","sortOrder":461},{"sectionNumber":"sec.364","sectionType":"section","heading":"Employee may sue prime contractor","content":"### sec.364 Employee may sue prime contractor\n\nSubsection (2) applies if—\na prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and\nthe amount stated in the order and payable by the prime contractor is not paid in accordance with the order.\nThe employee in whose favour the order is made may, in an Industrial Magistrates Court and in the employee’s own name, sue the prime contractor for the amount stated in the order and unpaid, by way of any action or proceedings the employer could have brought against the prime contractor as if—\nthere had been no attachment of amounts under this part; and\nthe amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid.\nThe employee’s entitlement is subject to the prime contractor’s right to set off against the employee’s claim all amounts—\nproperly paid by the prime contractor to the employer under section 357 (2) ; and\nthe employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed.\n(sec.364-ssec.1) Subsection (2) applies if— a prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and the amount stated in the order and payable by the prime contractor is not paid in accordance with the order.\n(sec.364-ssec.2) The employee in whose favour the order is made may, in an Industrial Magistrates Court and in the employee’s own name, sue the prime contractor for the amount stated in the order and unpaid, by way of any action or proceedings the employer could have brought against the prime contractor as if— there had been no attachment of amounts under this part; and the amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid.\n(sec.364-ssec.3) The employee’s entitlement is subject to the prime contractor’s right to set off against the employee’s claim all amounts— properly paid by the prime contractor to the employer under section 357 (2) ; and the employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed.\n- (a) a prime contractor is served with a copy of a magistrate’s order made under section 362 (2) ; and\n- (b) the amount stated in the order and payable by the prime contractor is not paid in accordance with the order.\n- (a) there had been no attachment of amounts under this part; and\n- (b) the amounts required by the attachment under section 360 to be kept were payable to the employer and unpaid.\n- (a) properly paid by the prime contractor to the employer under section 357 (2) ; and\n- (b) the employer was, when the notice was served on the prime contractor, liable to pay the prime contractor for a breach, or non-performance, of the contract or undertaking in performance of which the relevant work is or is to be performed.","sortOrder":462},{"sectionNumber":"sec.365","sectionType":"section","heading":"Cessation of attachment not to prejudice prime contractor","content":"### sec.365 Cessation of attachment not to prejudice prime contractor\n\nThis section applies if an order under section 362 stops operating because—\nof satisfaction of the employee’s claim; or\nit is set aside.\nA prime contractor who has paid an amount in accordance with the order before receiving notice of the satisfaction or setting aside is not to be prejudiced in relation to the payment because the order stopped operating.\n(sec.365-ssec.1) This section applies if an order under section 362 stops operating because— of satisfaction of the employee’s claim; or it is set aside.\n(sec.365-ssec.2) A prime contractor who has paid an amount in accordance with the order before receiving notice of the satisfaction or setting aside is not to be prejudiced in relation to the payment because the order stopped operating.\n- (a) of satisfaction of the employee’s claim; or\n- (b) it is set aside.","sortOrder":463},{"sectionNumber":"sec.366","sectionType":"section","heading":"Discharge by employee for payment received","content":"### sec.366 Discharge by employee for payment received\n\nAn employee who receives an amount for a claim for wages to which an order under section 362 relates must sign a discharge for the amount, in the approved form, if asked by the person making the payment.","sortOrder":464},{"sectionNumber":"sec.367","sectionType":"section","heading":"Remedy of subcontractor’s employees","content":"### sec.367 Remedy of subcontractor’s employees\n\nIf an employer has let the performance of work to a subcontractor, an employee employed by the subcontractor in that work has the same rights and remedies for a claim for wages against the employer under this division as an employee of the employer has against a prime contractor.\nFor subsection (1) , in applying this division (other than section 355 and this section) ‘employer’ is substituted for ‘prime contractor’ and ‘subcontractor’ is substituted for ‘employee’.\n(sec.367-ssec.1) If an employer has let the performance of work to a subcontractor, an employee employed by the subcontractor in that work has the same rights and remedies for a claim for wages against the employer under this division as an employee of the employer has against a prime contractor.\n(sec.367-ssec.2) For subsection (1) , in applying this division (other than section 355 and this section) ‘employer’ is substituted for ‘prime contractor’ and ‘subcontractor’ is substituted for ‘employee’.","sortOrder":465},{"sectionNumber":"sec.368","sectionType":"section","heading":"Prime contractor’s right to reimbursement","content":"### sec.368 Prime contractor’s right to reimbursement\n\nThis section applies if—\na prime contractor has paid a claim for wages payable to an employee of the employer, in satisfaction of the prime contractor’s obligations under this division; and\neither of the following happens—\nfor an employer who is a corporation—winding-up proceedings are commenced;\nfor an employer who is an individual—the employer’s assets are distributed in insolvency of the employer or in a composition with the employer’s creditors.\nThe prime contractor is taken to have a claim for wages against the employer’s assets, which is a preferential claim, as if the prime contractor were an employee of the employer to whom wages were payable by the employer.\nThis section applies only to the extent a State law may validly apply to the distribution of assets.\n(sec.368-ssec.1) This section applies if— a prime contractor has paid a claim for wages payable to an employee of the employer, in satisfaction of the prime contractor’s obligations under this division; and either of the following happens— for an employer who is a corporation—winding-up proceedings are commenced; for an employer who is an individual—the employer’s assets are distributed in insolvency of the employer or in a composition with the employer’s creditors.\n(sec.368-ssec.2) The prime contractor is taken to have a claim for wages against the employer’s assets, which is a preferential claim, as if the prime contractor were an employee of the employer to whom wages were payable by the employer.\n(sec.368-ssec.3) This section applies only to the extent a State law may validly apply to the distribution of assets.\n- (a) a prime contractor has paid a claim for wages payable to an employee of the employer, in satisfaction of the prime contractor’s obligations under this division; and\n- (b) either of the following happens— (i) for an employer who is a corporation—winding-up proceedings are commenced; (ii) for an employer who is an individual—the employer’s assets are distributed in insolvency of the employer or in a composition with the employer’s creditors.\n- (i) for an employer who is a corporation—winding-up proceedings are commenced;\n- (ii) for an employer who is an individual—the employer’s assets are distributed in insolvency of the employer or in a composition with the employer’s creditors.\n- (i) for an employer who is a corporation—winding-up proceedings are commenced;\n- (ii) for an employer who is an individual—the employer’s assets are distributed in insolvency of the employer or in a composition with the employer’s creditors.","sortOrder":466},{"sectionNumber":"sec.369","sectionType":"section","heading":"Magistrate may hear claim for wages ex parte","content":"### sec.369 Magistrate may hear claim for wages ex parte\n\nA magistrate may hear and decide proceedings for a claim for wages in the absence of a person to whom the originating process is directed on proof, on oath or affirmation, of the service of the process.","sortOrder":467},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Paying and recovering wages","content":"## Paying and recovering wages","sortOrder":468},{"sectionNumber":"sec.370","sectionType":"section","heading":"Definitions for division","content":"### sec.370 Definitions for division\n\nIn this division—\nfixed rate means the rate applicable under—\nfor an apprentice or trainee— section 135 ; or\nfor an employee under an industrial instrument or permit—the industrial instrument or permit; or\nfor an employee who is entitled to the Queensland minimum wage and in relation to whom paragraph (a) or (b) does not apply—a general ruling for the Queensland minimum wage.\nrate includes price.\n- (a) for an apprentice or trainee— section 135 ; or\n- (b) for an employee under an industrial instrument or permit—the industrial instrument or permit; or\n- (c) for an employee who is entitled to the Queensland minimum wage and in relation to whom paragraph (a) or (b) does not apply—a general ruling for the Queensland minimum wage.","sortOrder":469},{"sectionNumber":"sec.371","sectionType":"section","heading":"Wages etc. to be paid without deduction","content":"### sec.371 Wages etc. to be paid without deduction\n\nIf an employer employs an employee to perform work for a fixed rate, the employer must pay the employee the fixed rate without deduction, other than a deduction authorised by—\na relevant industrial instrument; or\nthis division; or\nthe employee’s consent.\nAn employer must pay an apprentice or trainee the fixed rate without deduction, other than a deduction mentioned in subsection (1) (a) , (b) or (c) , until the apprentice or trainee is suspended or the apprentice’s or trainee’s training contract is cancelled.\nSubsection (4) applies if—\nan employer employs an employee to perform work for a rate agreed between the employer and the employee; and\neither—\nthe rate for the work is not fixed by a relevant industrial instrument or permit; or\nthe fixed rate is less than the agreed rate.\nThe employer must pay the employee the agreed rate without deduction, other than a deduction authorised by this division or the employee’s consent.\nIf an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent.\nA contract or authority is void to the extent it provides for a deduction to be made from wages in contravention of this section.\n(sec.371-ssec.1) If an employer employs an employee to perform work for a fixed rate, the employer must pay the employee the fixed rate without deduction, other than a deduction authorised by— a relevant industrial instrument; or this division; or the employee’s consent.\n(sec.371-ssec.2) An employer must pay an apprentice or trainee the fixed rate without deduction, other than a deduction mentioned in subsection (1) (a) , (b) or (c) , until the apprentice or trainee is suspended or the apprentice’s or trainee’s training contract is cancelled.\n(sec.371-ssec.3) Subsection (4) applies if— an employer employs an employee to perform work for a rate agreed between the employer and the employee; and either— the rate for the work is not fixed by a relevant industrial instrument or permit; or the fixed rate is less than the agreed rate.\n(sec.371-ssec.4) The employer must pay the employee the agreed rate without deduction, other than a deduction authorised by this division or the employee’s consent.\n(sec.371-ssec.5) If an employee’s consent authorising a deduction to be made from wages is not written, before making the deduction, the employer must give the employee written acknowledgement of the consent.\n(sec.371-ssec.6) A contract or authority is void to the extent it provides for a deduction to be made from wages in contravention of this section.\n- (a) a relevant industrial instrument; or\n- (b) this division; or\n- (c) the employee’s consent.\n- (a) an employer employs an employee to perform work for a rate agreed between the employer and the employee; and\n- (b) either— (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or (ii) the fixed rate is less than the agreed rate.\n- (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or\n- (ii) the fixed rate is less than the agreed rate.\n- (i) the rate for the work is not fixed by a relevant industrial instrument or permit; or\n- (ii) the fixed rate is less than the agreed rate.","sortOrder":470},{"sectionNumber":"sec.372","sectionType":"section","heading":"Paying apprentices or trainees for supervised training","content":"### sec.372 Paying apprentices or trainees for supervised training\n\nTime spent by an apprentice or trainee undertaking supervised training is taken to be—\ntime worked for the employer; and\nordinary working hours when calculating the apprentice’s or trainee’s wages and employment conditions.\nA trainee is required to work 38 ordinary working hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours at college. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent at college) and 2 hours overtime.\nSubsection (1) applies irrespective of the way the supervised training is delivered.\nblock release, day release, workplace-delivered training or correspondence\nDespite subsection (1) , wages are not payable for time spent by an apprentice or trainee undertaking supervised training when the apprentice or trainee is—\na school-based apprentice or trainee; or\nthe subject of a decision of the approving authority under section 212 .\nIn this section—\nsupervised training , for an apprentice or trainee, means training up to the maximum period required, under the Further Education and Training Act 2014 , to be delivered by a supervising registered training organisation during the apprenticeship or traineeship.\n(sec.372-ssec.1) Time spent by an apprentice or trainee undertaking supervised training is taken to be— time worked for the employer; and ordinary working hours when calculating the apprentice’s or trainee’s wages and employment conditions. A trainee is required to work 38 ordinary working hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours at college. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent at college) and 2 hours overtime.\n(sec.372-ssec.2) Subsection (1) applies irrespective of the way the supervised training is delivered. block release, day release, workplace-delivered training or correspondence\n(sec.372-ssec.3) Despite subsection (1) , wages are not payable for time spent by an apprentice or trainee undertaking supervised training when the apprentice or trainee is— a school-based apprentice or trainee; or the subject of a decision of the approving authority under section 212 .\n(sec.372-ssec.4) In this section— supervised training , for an apprentice or trainee, means training up to the maximum period required, under the Further Education and Training Act 2014 , to be delivered by a supervising registered training organisation during the apprenticeship or traineeship.\n- (a) time worked for the employer; and\n- (b) ordinary working hours when calculating the apprentice’s or trainee’s wages and employment conditions. Example of paragraph (b) — A trainee is required to work 38 ordinary working hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours at college. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent at college) and 2 hours overtime.\n- (a) a school-based apprentice or trainee; or\n- (b) the subject of a decision of the approving authority under section 212 .","sortOrder":471},{"sectionNumber":"sec.373","sectionType":"section","heading":"Paying wages","content":"### sec.373 Paying wages\n\nAn employer must pay each employee’s wages at least monthly to the employee.\nMaximum penalty—16 penalty units.\nAn employer must pay each employee’s wages—\nin Australian currency; or\nwith the employee’s written consent—\nwholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or\nby cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or\nin another way allowed under a relevant industrial instrument.\nMaximum penalty—16 penalty units.\nIf wages are to be paid in cash and the amount is not a multiple of 5c, the amount may be rounded to the nearest amount that is a multiple of 5c, even if this involves a reduction.\nIf an employer pays an employee’s wages other than in cash, the employer must pay the employee’s wages without deduction of any charge made because of the way payment is made.\nMaximum penalty—16 penalty units.\nExcept with the employee’s written consent, a cheque by which wages are paid—\nmust be payable to a bearer on demand; and\nmust not be crossed.\nIf wages are payable to an employee when the employee stops employment with the employer, the employer must pay the wages to the employee within 3 days after the employment stops, or for a shorter period stated in an industrial instrument, unless—\nsection 375 applies; or\nthe employer has complied with an inspector’s demand under section 915 .\nMaximum penalty—40 penalty units.\nIf an employee accepts for wages a cheque, draft or money order that is dishonoured, the employee may recover from the employer by action in a court of competent jurisdiction as a debt payable to the employee—\nthe wages payable; and\na reasonable amount for damages suffered by the employee because of the dishonour.\nA contract or authority is void to the extent it provides for payment of wages other than under this section.\ns 373 amd 2022 No. 27 s 3 sch 1\n(sec.373-ssec.1) An employer must pay each employee’s wages at least monthly to the employee. Maximum penalty—16 penalty units.\n(sec.373-ssec.2) An employer must pay each employee’s wages— in Australian currency; or with the employee’s written consent— wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or in another way allowed under a relevant industrial instrument. Maximum penalty—16 penalty units.\n(sec.373-ssec.3) If wages are to be paid in cash and the amount is not a multiple of 5c, the amount may be rounded to the nearest amount that is a multiple of 5c, even if this involves a reduction.\n(sec.373-ssec.4) If an employer pays an employee’s wages other than in cash, the employer must pay the employee’s wages without deduction of any charge made because of the way payment is made. Maximum penalty—16 penalty units.\n(sec.373-ssec.5) Except with the employee’s written consent, a cheque by which wages are paid— must be payable to a bearer on demand; and must not be crossed.\n(sec.373-ssec.6) If wages are payable to an employee when the employee stops employment with the employer, the employer must pay the wages to the employee within 3 days after the employment stops, or for a shorter period stated in an industrial instrument, unless— section 375 applies; or the employer has complied with an inspector’s demand under section 915 . Maximum penalty—40 penalty units.\n(sec.373-ssec.7) If an employee accepts for wages a cheque, draft or money order that is dishonoured, the employee may recover from the employer by action in a court of competent jurisdiction as a debt payable to the employee— the wages payable; and a reasonable amount for damages suffered by the employee because of the dishonour.\n(sec.373-ssec.8) A contract or authority is void to the extent it provides for payment of wages other than under this section.\n- (a) in Australian currency; or\n- (b) with the employee’s written consent— (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or\n- (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or\n- (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or\n- (c) in another way allowed under a relevant industrial instrument.\n- (i) wholly or partly to the employee’s credit in an account with a financial institution nominated by the employee; or\n- (ii) by cheque of a type mentioned in subsection (5) , draft, money order or electronic fund transfer; or\n- (a) must be payable to a bearer on demand; and\n- (b) must not be crossed.\n- (a) section 375 applies; or\n- (b) the employer has complied with an inspector’s demand under section 915 .\n- (a) the wages payable; and\n- (b) a reasonable amount for damages suffered by the employee because of the dishonour.","sortOrder":472},{"sectionNumber":"sec.374","sectionType":"section","heading":"Contract not to stipulate mode of spending wages","content":"### sec.374 Contract not to stipulate mode of spending wages\n\nAn employer must not, directly or indirectly, impose as a condition, express or implied, of an employee’s employment a provision about the place where, way in which, or person with whom an employee’s wages, or a part of the wages, are to be spent, unless the condition is consistent with a requirement under this division.\nMaximum penalty—16 penalty units.\nAn employer must not dismiss an employee because the employee’s wages, or a part of the wages, are spent, or not spent, at a place, in a way, or with a person.\n(sec.374-ssec.1) An employer must not, directly or indirectly, impose as a condition, express or implied, of an employee’s employment a provision about the place where, way in which, or person with whom an employee’s wages, or a part of the wages, are to be spent, unless the condition is consistent with a requirement under this division. Maximum penalty—16 penalty units.\n(sec.374-ssec.2) An employer must not dismiss an employee because the employee’s wages, or a part of the wages, are spent, or not spent, at a place, in a way, or with a person.","sortOrder":473},{"sectionNumber":"sec.375","sectionType":"section","heading":"Payment of unpaid wages if employee’s whereabouts unknown","content":"### sec.375 Payment of unpaid wages if employee’s whereabouts unknown\n\nSubsection (2) applies if—\nan employer can not comply with section 373 because the former employee’s whereabouts are unknown to the employer and can not be discovered by the employer with reasonable diligence; and\nthe inability continues for 30 days after cessation of employment by the former employee.\nThe employer, immediately at the end of the 30 days, must pay the wages payable to the former employee to the public trustee.\nMaximum penalty—40 penalty units.\nThe receipt of the public trustee for the payment is a full discharge to the employer for the amount stated in the receipt.\nThe public trustee must deal with the amount as unclaimed moneys under the Public Trustee Act 1978 .\nThis section does not apply if the employer has complied with an inspector’s demand made under section 915 .\nIn this section—\npublic trustee means the public trustee under the Public Trustee Act 1978 .\ns 375 amd 2022 No. 27 s 40\n(sec.375-ssec.1) Subsection (2) applies if— an employer can not comply with section 373 because the former employee’s whereabouts are unknown to the employer and can not be discovered by the employer with reasonable diligence; and the inability continues for 30 days after cessation of employment by the former employee.\n(sec.375-ssec.2) The employer, immediately at the end of the 30 days, must pay the wages payable to the former employee to the public trustee. Maximum penalty—40 penalty units.\n(sec.375-ssec.3) The receipt of the public trustee for the payment is a full discharge to the employer for the amount stated in the receipt.\n(sec.375-ssec.4) The public trustee must deal with the amount as unclaimed moneys under the Public Trustee Act 1978 .\n(sec.375-ssec.5) This section does not apply if the employer has complied with an inspector’s demand made under section 915 .\n(sec.375-ssec.6) In this section— public trustee means the public trustee under the Public Trustee Act 1978 .\n- (a) an employer can not comply with section 373 because the former employee’s whereabouts are unknown to the employer and can not be discovered by the employer with reasonable diligence; and\n- (b) the inability continues for 30 days after cessation of employment by the former employee.","sortOrder":474},{"sectionNumber":"sec.376","sectionType":"section","heading":"Overpaid wages","content":"### sec.376 Overpaid wages\n\nThis division does not prevent an employer recovering an amount paid to an employee that the employee is not entitled to because of absence from work.\nWithout limiting the employer’s right to recover, the employer may recover an amount to which the employee is not entitled by deducting amounts from the employee’s wages for a subsequent pay period or periods.\nDeductions under subsection (2) —\nmust start within 1 year after the payment; and\nmay extend over a period of 6 years after the payment.\nA deduction can not be made in an amount that would reduce the wages payable to the employee for a pay period to less than an amount prescribed by a regulation.\n(sec.376-ssec.1) This division does not prevent an employer recovering an amount paid to an employee that the employee is not entitled to because of absence from work.\n(sec.376-ssec.2) Without limiting the employer’s right to recover, the employer may recover an amount to which the employee is not entitled by deducting amounts from the employee’s wages for a subsequent pay period or periods.\n(sec.376-ssec.3) Deductions under subsection (2) — must start within 1 year after the payment; and may extend over a period of 6 years after the payment.\n(sec.376-ssec.4) A deduction can not be made in an amount that would reduce the wages payable to the employee for a pay period to less than an amount prescribed by a regulation.\n- (a) must start within 1 year after the payment; and\n- (b) may extend over a period of 6 years after the payment.","sortOrder":475},{"sectionNumber":"sec.377","sectionType":"section","heading":"Deduction of wages in lieu of notice of termination","content":"### sec.377 Deduction of wages in lieu of notice of termination\n\nThis section applies if—\nan industrial instrument requires an employee to give notice of termination of employment for a stated period; and\nan employee ceases the employment without giving the employer the notice for the stated period.\nThe employer may deduct from the employee’s wages an amount stated by the instrument to be forfeited or payable to the employer if notice of termination is not given for the period stated.\n(sec.377-ssec.1) This section applies if— an industrial instrument requires an employee to give notice of termination of employment for a stated period; and an employee ceases the employment without giving the employer the notice for the stated period.\n(sec.377-ssec.2) The employer may deduct from the employee’s wages an amount stated by the instrument to be forfeited or payable to the employer if notice of termination is not given for the period stated.\n- (a) an industrial instrument requires an employee to give notice of termination of employment for a stated period; and\n- (b) an employee ceases the employment without giving the employer the notice for the stated period.","sortOrder":476},{"sectionNumber":"sec.378","sectionType":"section","heading":"Child may recover unpaid wages","content":"### sec.378 Child may recover unpaid wages\n\nA child may bring proceedings under this Act for the child’s wages in the same way, and to the same extent, as if the child were an adult.","sortOrder":477},{"sectionNumber":"sec.379","sectionType":"section","heading":"Recovery of unpaid wages etc.","content":"### sec.379 Recovery of unpaid wages etc.\n\nAn application may be made to a magistrate for an order for payment of—\nan employee’s unpaid wages; or\nan apprentice’s unpaid tool allowance under section 137 ; or\nremuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) .\nThe application may be made by—\nthe employee; or\nan employee organisation of which the employee is a member, acting for the employee; or\na person authorised by the employee to make the application, acting for the employee; or\nan inspector.\nThe application must be made within 6 years after the amount claimed became payable.\nOn hearing the application, the magistrate—\nmust order the employer to pay the employee the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and\nmay make an order for the payment despite an express or implied provision of a contract, certified agreement or bargaining award to the contrary; and\nmay order the payment to be made on the terms the magistrate considers appropriate; and\nmay award costs to either party in an amount assessed by the magistrate.\nA person can not make an application under this section if an application has been made under section 475 or 396 for the same matter.\n(sec.379-ssec.1) An application may be made to a magistrate for an order for payment of— an employee’s unpaid wages; or an apprentice’s unpaid tool allowance under section 137 ; or remuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) .\n(sec.379-ssec.2) The application may be made by— the employee; or an employee organisation of which the employee is a member, acting for the employee; or a person authorised by the employee to make the application, acting for the employee; or an inspector.\n(sec.379-ssec.3) The application must be made within 6 years after the amount claimed became payable.\n(sec.379-ssec.4) On hearing the application, the magistrate— must order the employer to pay the employee the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and may make an order for the payment despite an express or implied provision of a contract, certified agreement or bargaining award to the contrary; and may order the payment to be made on the terms the magistrate considers appropriate; and may award costs to either party in an amount assessed by the magistrate.\n(sec.379-ssec.5) A person can not make an application under this section if an application has been made under section 475 or 396 for the same matter.\n- (a) an employee’s unpaid wages; or\n- (b) an apprentice’s unpaid tool allowance under section 137 ; or\n- (c) remuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) .\n- (a) the employee; or\n- (b) an employee organisation of which the employee is a member, acting for the employee; or\n- (c) a person authorised by the employee to make the application, acting for the employee; or\n- (d) an inspector.\n- (a) must order the employer to pay the employee the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and\n- (b) may make an order for the payment despite an express or implied provision of a contract, certified agreement or bargaining award to the contrary; and\n- (c) may order the payment to be made on the terms the magistrate considers appropriate; and\n- (d) may award costs to either party in an amount assessed by the magistrate.","sortOrder":478},{"sectionNumber":"sec.380","sectionType":"section","heading":"Enforcement of magistrate’s order","content":"### sec.380 Enforcement of magistrate’s order\n\nThis section applies to an order of a magistrate for payment by an employer of—\nwages found to be payable; or\nan unpaid tool allowance required to be paid under an order made under section 137 (8) ; or\ncontributions to an approved superannuation fund found to be payable; or\nremuneration lost by an apprentice or trainee because the employer contravened section 371 (2) ; or\ncosts in proceedings relating to unpaid amounts mentioned in paragraphs (a) to (d) .\nThe order is enforceable under the Justices Act 1886 as an order for payment of money made by justices under that Act.\nAlso, an amount ordered to be paid, including costs, may be recovered by the person from the employer as a debt.\nFor subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 , and on being filed—\nis taken to be an order properly made by a Magistrates Court; and\nwithout limiting subsection (2) , may be enforced as an order made by the Magistrates Court.\nThe magistrate may give particulars of the order mentioned in subsection (1) to the court registrar for registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .\nIn this section—\ncourt registrar , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\nemployer includes an apparent employer to whom an order made under section 386 applies.\n(sec.380-ssec.1) This section applies to an order of a magistrate for payment by an employer of— wages found to be payable; or an unpaid tool allowance required to be paid under an order made under section 137 (8) ; or contributions to an approved superannuation fund found to be payable; or remuneration lost by an apprentice or trainee because the employer contravened section 371 (2) ; or costs in proceedings relating to unpaid amounts mentioned in paragraphs (a) to (d) .\n(sec.380-ssec.2) The order is enforceable under the Justices Act 1886 as an order for payment of money made by justices under that Act.\n(sec.380-ssec.3) Also, an amount ordered to be paid, including costs, may be recovered by the person from the employer as a debt.\n(sec.380-ssec.4) For subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 , and on being filed— is taken to be an order properly made by a Magistrates Court; and without limiting subsection (2) , may be enforced as an order made by the Magistrates Court.\n(sec.380-ssec.5) The magistrate may give particulars of the order mentioned in subsection (1) to the court registrar for registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .\n(sec.380-ssec.6) In this section— court registrar , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 . employer includes an apparent employer to whom an order made under section 386 applies.\n- (a) wages found to be payable; or\n- (b) an unpaid tool allowance required to be paid under an order made under section 137 (8) ; or\n- (c) contributions to an approved superannuation fund found to be payable; or\n- (d) remuneration lost by an apprentice or trainee because the employer contravened section 371 (2) ; or\n- (e) costs in proceedings relating to unpaid amounts mentioned in paragraphs (a) to (d) .\n- (a) is taken to be an order properly made by a Magistrates Court; and\n- (b) without limiting subsection (2) , may be enforced as an order made by the Magistrates Court.","sortOrder":479},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Recovery of wages for clothing outworkers","content":"## Recovery of wages for clothing outworkers","sortOrder":480},{"sectionNumber":"sec.381","sectionType":"section","heading":"Definitions for division","content":"### sec.381 Definitions for division\n\nIn this division—\napparent employer see section 382 (2) .\nreferred claim means a claim referred to a referred employer under section 383 (4) .\nreferred employer see section 383 (2) .\nsuperannuation contributions means contributions to an approved superannuation fund for an outworker who, under a relevant industrial instrument, is an eligible employee for entitlement to occupational superannuation benefits.\nunpaid wages claim means a claim for wages, or superannuation contributions, made under section 382 .","sortOrder":481},{"sectionNumber":"sec.382","sectionType":"section","heading":"Claims by clothing outworkers for unpaid wages and superannuation","content":"### sec.382 Claims by clothing outworkers for unpaid wages and superannuation\n\nThis section applies if—\nall or any of the wages payable to an outworker in the clothing industry are not paid; or\nall or any of the superannuation contributions payable for an outworker in the clothing industry are not paid.\nThe outworker may make a claim for the wages, or superannuation contributions, against a person who the outworker believes is the outworker’s employer (the apparent employer ).\nHowever, the claim can not be made against a person whose only connection with the clothing industry is the sale of clothing by retail.\nA claim, to the extent it relates to wages, must be made within 6 months after the work was finished.\nThe outworker makes an unpaid wages claim by serving the apparent employer with a written notice that—\nclaims payment of the wages or superannuation contributions; and\nstates the following particulars—\nthe name of the outworker;\nthe address at which the outworker may be contacted;\na description of the work done;\nthe date on which the work was done;\nthe amount of wages owing;\nthe amount of superannuation contributions owing;\ndetails of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.\nThe particulars stated in the claim must be verified by statutory declaration.\n(sec.382-ssec.1) This section applies if— all or any of the wages payable to an outworker in the clothing industry are not paid; or all or any of the superannuation contributions payable for an outworker in the clothing industry are not paid.\n(sec.382-ssec.2) The outworker may make a claim for the wages, or superannuation contributions, against a person who the outworker believes is the outworker’s employer (the apparent employer ).\n(sec.382-ssec.3) However, the claim can not be made against a person whose only connection with the clothing industry is the sale of clothing by retail.\n(sec.382-ssec.4) A claim, to the extent it relates to wages, must be made within 6 months after the work was finished.\n(sec.382-ssec.5) The outworker makes an unpaid wages claim by serving the apparent employer with a written notice that— claims payment of the wages or superannuation contributions; and states the following particulars— the name of the outworker; the address at which the outworker may be contacted; a description of the work done; the date on which the work was done; the amount of wages owing; the amount of superannuation contributions owing; details of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.\n(sec.382-ssec.6) The particulars stated in the claim must be verified by statutory declaration.\n- (a) all or any of the wages payable to an outworker in the clothing industry are not paid; or\n- (b) all or any of the superannuation contributions payable for an outworker in the clothing industry are not paid.\n- (a) claims payment of the wages or superannuation contributions; and\n- (b) states the following particulars— (i) the name of the outworker; (ii) the address at which the outworker may be contacted; (iii) a description of the work done; (iv) the date on which the work was done; (v) the amount of wages owing; (vi) the amount of superannuation contributions owing; (vii) details of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.\n- (i) the name of the outworker;\n- (ii) the address at which the outworker may be contacted;\n- (iii) a description of the work done;\n- (iv) the date on which the work was done;\n- (v) the amount of wages owing;\n- (vi) the amount of superannuation contributions owing;\n- (vii) details of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.\n- (i) the name of the outworker;\n- (ii) the address at which the outworker may be contacted;\n- (iii) a description of the work done;\n- (iv) the date on which the work was done;\n- (v) the amount of wages owing;\n- (vi) the amount of superannuation contributions owing;\n- (vii) details of the approved superannuation fund to which superannuation contributions should have been paid, that are sufficiently detailed to enable the contributions to be properly paid.","sortOrder":482},{"sectionNumber":"sec.383","sectionType":"section","heading":"Liability of apparent employer for unpaid wages and superannuation","content":"### sec.383 Liability of apparent employer for unpaid wages and superannuation\n\nSubject to subsection (5) , an apparent employer served with an unpaid wages claim is liable for the amount claimed unless the apparent employer proves in proceedings under section 386 that—\nthe work was not done; or\nan amount claimed is not the correct amount; or\nan amount claimed has already been paid.\nAn apparent employer may, within 14 days after being served with an unpaid wages claim, refer the claim to another person whom the apparent employer reasonably believes is the person for whom the work was done (the referred employer ).\nHowever, the claim can not be referred to a person whose only connection with the clothing industry is the sale of clothing by retail.\nAn apparent employer refers an unpaid wages claim by—\nserving the referred employer with a copy of the unpaid wages claim and a written notice that states—\nthe name and address of the apparent employer; and\nthe date on which the outworker served the apparent employer with the unpaid wages claim; and\nadvising the outworker in writing of—\nthe name and address of the referred employer; and\nthe date on which the apparent employer served the referred employer with the referred claim.\nThe apparent employer is not liable for any part of the amount claimed in an unpaid wages claim for which the referred employer accepts liability under section 384 .\n(sec.383-ssec.1) Subject to subsection (5) , an apparent employer served with an unpaid wages claim is liable for the amount claimed unless the apparent employer proves in proceedings under section 386 that— the work was not done; or an amount claimed is not the correct amount; or an amount claimed has already been paid.\n(sec.383-ssec.2) An apparent employer may, within 14 days after being served with an unpaid wages claim, refer the claim to another person whom the apparent employer reasonably believes is the person for whom the work was done (the referred employer ).\n(sec.383-ssec.3) However, the claim can not be referred to a person whose only connection with the clothing industry is the sale of clothing by retail.\n(sec.383-ssec.4) An apparent employer refers an unpaid wages claim by— serving the referred employer with a copy of the unpaid wages claim and a written notice that states— the name and address of the apparent employer; and the date on which the outworker served the apparent employer with the unpaid wages claim; and advising the outworker in writing of— the name and address of the referred employer; and the date on which the apparent employer served the referred employer with the referred claim.\n(sec.383-ssec.5) The apparent employer is not liable for any part of the amount claimed in an unpaid wages claim for which the referred employer accepts liability under section 384 .\n- (a) the work was not done; or\n- (b) an amount claimed is not the correct amount; or\n- (c) an amount claimed has already been paid.\n- (a) serving the referred employer with a copy of the unpaid wages claim and a written notice that states— (i) the name and address of the apparent employer; and (ii) the date on which the outworker served the apparent employer with the unpaid wages claim; and\n- (i) the name and address of the apparent employer; and\n- (ii) the date on which the outworker served the apparent employer with the unpaid wages claim; and\n- (b) advising the outworker in writing of— (i) the name and address of the referred employer; and (ii) the date on which the apparent employer served the referred employer with the referred claim.\n- (i) the name and address of the referred employer; and\n- (ii) the date on which the apparent employer served the referred employer with the referred claim.\n- (i) the name and address of the apparent employer; and\n- (ii) the date on which the outworker served the apparent employer with the unpaid wages claim; and\n- (i) the name and address of the referred employer; and\n- (ii) the date on which the apparent employer served the referred employer with the referred claim.","sortOrder":483},{"sectionNumber":"sec.384","sectionType":"section","heading":"Liability of referred employer for unpaid wages","content":"### sec.384 Liability of referred employer for unpaid wages\n\nA referred employer may, within 14 days after being served with a referred claim, accept liability for all or part of the amount claimed by paying it to—\nfor wages—the outworker; or\nfor superannuation contributions—the superannuation fund stated in the unpaid wages claim.\nA referred employer who accepts liability must serve the apparent employer with a written notice of the acceptance and of the amount paid.\nIf the apparent employer pays all or any part of the amount claimed for which the referred employer does not accept liability, the apparent employer may deduct or set off that amount from an amount the apparent employer owes to the referred employer, whether or not in relation to the work the subject of the referred claim.\n(sec.384-ssec.1) A referred employer may, within 14 days after being served with a referred claim, accept liability for all or part of the amount claimed by paying it to— for wages—the outworker; or for superannuation contributions—the superannuation fund stated in the unpaid wages claim.\n(sec.384-ssec.2) A referred employer who accepts liability must serve the apparent employer with a written notice of the acceptance and of the amount paid.\n(sec.384-ssec.3) If the apparent employer pays all or any part of the amount claimed for which the referred employer does not accept liability, the apparent employer may deduct or set off that amount from an amount the apparent employer owes to the referred employer, whether or not in relation to the work the subject of the referred claim.\n- (a) for wages—the outworker; or\n- (b) for superannuation contributions—the superannuation fund stated in the unpaid wages claim.","sortOrder":484},{"sectionNumber":"sec.385","sectionType":"section","heading":"Reimbursement of apparent or referred employer","content":"### sec.385 Reimbursement of apparent or referred employer\n\nAn application may be made to the commission or to a magistrate for an order that the employer of the outworker reimburse the apparent or referred employer for the amount the apparent or referred employer paid to—\nthe outworker; or\nan approved superannuation fund for the outworker.\n- (a) the outworker; or\n- (b) an approved superannuation fund for the outworker.","sortOrder":485},{"sectionNumber":"sec.386","sectionType":"section","heading":"Recovery of unpaid wages","content":"### sec.386 Recovery of unpaid wages\n\nAn application may be made for an order that an apparent employer pay an unpaid wages claim.\nThe application may be made to—\nif the total amount claimed is $100,000 or less—the commission or a magistrate; or\notherwise—a magistrate.\nThe application may be made by—\nan outworker; or\nan employee organisation of which the outworker is a member, acting for the outworker; or\nan inspector.\nThe application must be made within 6 years after the amount claimed in the application became payable.\nThe commission or magistrate must order the apparent employer to pay the wages or superannuation contributions claimed unless the apparent employer proves that—\nthe work was not done; or\nan amount claimed is not the correct amount; or\nan amount claimed has already been paid.\nIf the commission or magistrate is satisfied an amount claimed is not the correct amount, the commission or magistrate may order payment of the amount the commission or magistrate is satisfied is payable.\nFor an order about superannuation contributions, the order must require the amount to be paid to—\nthe approved superannuation fund; or\na complying superannuation fund; or\na superannuation fund nominated by the outworker; or\nan eligible rollover fund; or\nif the amount is less than the amount of total benefits than may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the outworker.\nThe superannuation contributions must be paid into the unclaimed moneys fund if the outworker does not nominate a superannuation fund for the order, if the order requires a fund to be nominated.\nIn this section—\nsuperannuation contributions includes an amount equal to the return that would have been accrued in relation to the superannuation contributions had the contributions been properly paid to an approved superannuation fund.\ns 386 amd 2024 No. 40 s 10\n(sec.386-ssec.1) An application may be made for an order that an apparent employer pay an unpaid wages claim.\n(sec.386-ssec.2) The application may be made to— if the total amount claimed is $100,000 or less—the commission or a magistrate; or otherwise—a magistrate.\n(sec.386-ssec.3) The application may be made by— an outworker; or an employee organisation of which the outworker is a member, acting for the outworker; or an inspector.\n(sec.386-ssec.4) The application must be made within 6 years after the amount claimed in the application became payable.\n(sec.386-ssec.5) The commission or magistrate must order the apparent employer to pay the wages or superannuation contributions claimed unless the apparent employer proves that— the work was not done; or an amount claimed is not the correct amount; or an amount claimed has already been paid.\n(sec.386-ssec.6) If the commission or magistrate is satisfied an amount claimed is not the correct amount, the commission or magistrate may order payment of the amount the commission or magistrate is satisfied is payable.\n(sec.386-ssec.7) For an order about superannuation contributions, the order must require the amount to be paid to— the approved superannuation fund; or a complying superannuation fund; or a superannuation fund nominated by the outworker; or an eligible rollover fund; or if the amount is less than the amount of total benefits than may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the outworker.\n(sec.386-ssec.8) The superannuation contributions must be paid into the unclaimed moneys fund if the outworker does not nominate a superannuation fund for the order, if the order requires a fund to be nominated.\n(sec.386-ssec.9) In this section— superannuation contributions includes an amount equal to the return that would have been accrued in relation to the superannuation contributions had the contributions been properly paid to an approved superannuation fund.\n- (a) if the total amount claimed is $100,000 or less—the commission or a magistrate; or\n- (b) otherwise—a magistrate.\n- (a) an outworker; or\n- (b) an employee organisation of which the outworker is a member, acting for the outworker; or\n- (c) an inspector.\n- (a) the work was not done; or\n- (b) an amount claimed is not the correct amount; or\n- (c) an amount claimed has already been paid.\n- (a) the approved superannuation fund; or\n- (b) a complying superannuation fund; or\n- (c) a superannuation fund nominated by the outworker; or\n- (d) an eligible rollover fund; or\n- (e) if the amount is less than the amount of total benefits than may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the outworker.","sortOrder":486},{"sectionNumber":"sec.387","sectionType":"section","heading":"Offences relating to claims under this division","content":"### sec.387 Offences relating to claims under this division\n\nA person must not—\nby intimidation or by any other act or omission, intentionally hinder, prevent or discourage another person from making an unpaid wages claim or an application under section 386 ; or\nmake a statement the person knows is false or misleading in a material particular in a notice given for under section 383 or 384 ; or\nserve a referred claim on another person under section 383 if the person does not reasonably believe the work under an unpaid wages claim was done for the other person.\nMaximum penalty—100 penalty units.\n- (a) by intimidation or by any other act or omission, intentionally hinder, prevent or discourage another person from making an unpaid wages claim or an application under section 386 ; or\n- (b) make a statement the person knows is false or misleading in a material particular in a notice given for under section 383 or 384 ; or\n- (c) serve a referred claim on another person under section 383 if the person does not reasonably believe the work under an unpaid wages claim was done for the other person.","sortOrder":487},{"sectionNumber":"sec.388","sectionType":"section","heading":"Effect of ss 382 – 387","content":"### sec.388 Effect of ss 382 – 387\n\nSections 382 to 387 do not limit or exclude any other rights of a person to recover wages or superannuation contributions, or the liability of a person in relation to the wages or superannuation contributions, whether or not arising under this Act, another law, or an industrial instrument.\nNothing in section 384 (3) limits or excludes any right of recovery arising under any other law in relation to an amount of money owed by the apparent employer to the referred employer.\n(sec.388-ssec.1) Sections 382 to 387 do not limit or exclude any other rights of a person to recover wages or superannuation contributions, or the liability of a person in relation to the wages or superannuation contributions, whether or not arising under this Act, another law, or an industrial instrument.\n(sec.388-ssec.2) Nothing in section 384 (3) limits or excludes any right of recovery arising under any other law in relation to an amount of money owed by the apparent employer to the referred employer.","sortOrder":488},{"sectionNumber":"sec.389","sectionType":"section","heading":"Mandatory code of practice for outworkers","content":"### sec.389 Mandatory code of practice for outworkers\n\nThe Governor in Council may make a code of practice for the purpose of ensuring outworkers in the clothing industry receive the outworkers’ lawful entitlements.\nIn particular, the Governor in Council may make a code of practice if satisfied—\ncurrent voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or\npersons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms.\nThe code may require employers or other persons engaged in the clothing industry to adopt the standards of conduct and practice relating to outworkers in the clothing industry set out in the code.\nThe Governor in Council must give written notice of the making of the code of practice.\nThe written notice is subordinate legislation.\nA person must not contravene the code of practice.\nMaximum penalty—100 penalty units.\nAn award prevails over a code of practice to the extent of any inconsistency.\n(sec.389-ssec.1) The Governor in Council may make a code of practice for the purpose of ensuring outworkers in the clothing industry receive the outworkers’ lawful entitlements.\n(sec.389-ssec.2) In particular, the Governor in Council may make a code of practice if satisfied— current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms.\n(sec.389-ssec.3) The code may require employers or other persons engaged in the clothing industry to adopt the standards of conduct and practice relating to outworkers in the clothing industry set out in the code.\n(sec.389-ssec.4) The Governor in Council must give written notice of the making of the code of practice.\n(sec.389-ssec.5) The written notice is subordinate legislation.\n(sec.389-ssec.6) A person must not contravene the code of practice. Maximum penalty—100 penalty units.\n(sec.389-ssec.7) An award prevails over a code of practice to the extent of any inconsistency.\n- (a) current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements; or\n- (b) persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to the current voluntary self-regulatory mechanisms.","sortOrder":489},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Wages in rural and mining industries","content":"## Wages in rural and mining industries","sortOrder":490},{"sectionNumber":"sec.390","sectionType":"section","heading":"Wages recoverable against mortgagee if mortgagor defaults","content":"### sec.390 Wages recoverable against mortgagee if mortgagor defaults\n\nThis section applies if an employee—\nhas performed work—\nin cultivating, or otherwise improving, land that is subject to a mortgage; or\nin cultivating, or otherwise in connection with, a crop that is subject to a lien; or\nrelating to animal or vegetable matter prepared or manufactured by machinery that is subject to a bill of sale; or\nin tending, feeding, driving, or otherwise in connection with, stock that is subject to a mortgage; and\nis prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because—\nthe mortgagee has entered into, or taken possession of the land, crop, machinery or stock, or is taken to have done so; or\nthe mortgagee has sold the land, crop, machinery or stock, under the mortgagee’s security; or\na cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\nThe mortgagee is taken to be the employee’s employer for the performance of the work.\nThe mortgagor is taken, in engaging the employee for the work, to have acted as the mortgagee’s authorised agent.\nSubsections (2) and (3) do not affect appropriate accounting as between the mortgagor and the mortgagee.\nThe mortgagee is not liable for the employee’s wages that have become payable more than 6 months before whichever of the following events happens first—\nthe employee first applies to the mortgagee for payment of the wages;\nthe mortgagee takes possession of, or sells, the land, crop, machinery or stock.\nThe mortgagee’s liability under this section—\nis additional to the mortgagor’s liability for the employee’s wages; and\ndoes not affect rights, liabilities, functions and powers as between the mortgagor and employee.\nAn employee does not lose a right to bring proceedings against the mortgagee for unpaid wages, and costs of the proceedings, if the employee—\nbrings proceedings against a mortgagor for wages, whether or not the employee obtains an order for payment against the mortgagor; and\nbecause of a reason in subsection (1) (b) , fails to obtain payment of the wages, or part of the wages, from the mortgagor.\n(sec.390-ssec.1) This section applies if an employee— has performed work— in cultivating, or otherwise improving, land that is subject to a mortgage; or in cultivating, or otherwise in connection with, a crop that is subject to a lien; or relating to animal or vegetable matter prepared or manufactured by machinery that is subject to a bill of sale; or in tending, feeding, driving, or otherwise in connection with, stock that is subject to a mortgage; and is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— the mortgagee has entered into, or taken possession of the land, crop, machinery or stock, or is taken to have done so; or the mortgagee has sold the land, crop, machinery or stock, under the mortgagee’s security; or a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n(sec.390-ssec.2) The mortgagee is taken to be the employee’s employer for the performance of the work.\n(sec.390-ssec.3) The mortgagor is taken, in engaging the employee for the work, to have acted as the mortgagee’s authorised agent.\n(sec.390-ssec.4) Subsections (2) and (3) do not affect appropriate accounting as between the mortgagor and the mortgagee.\n(sec.390-ssec.5) The mortgagee is not liable for the employee’s wages that have become payable more than 6 months before whichever of the following events happens first— the employee first applies to the mortgagee for payment of the wages; the mortgagee takes possession of, or sells, the land, crop, machinery or stock.\n(sec.390-ssec.6) The mortgagee’s liability under this section— is additional to the mortgagor’s liability for the employee’s wages; and does not affect rights, liabilities, functions and powers as between the mortgagor and employee.\n(sec.390-ssec.7) An employee does not lose a right to bring proceedings against the mortgagee for unpaid wages, and costs of the proceedings, if the employee— brings proceedings against a mortgagor for wages, whether or not the employee obtains an order for payment against the mortgagor; and because of a reason in subsection (1) (b) , fails to obtain payment of the wages, or part of the wages, from the mortgagor.\n- (a) has performed work— (i) in cultivating, or otherwise improving, land that is subject to a mortgage; or (ii) in cultivating, or otherwise in connection with, a crop that is subject to a lien; or (iii) relating to animal or vegetable matter prepared or manufactured by machinery that is subject to a bill of sale; or (iv) in tending, feeding, driving, or otherwise in connection with, stock that is subject to a mortgage; and\n- (i) in cultivating, or otherwise improving, land that is subject to a mortgage; or\n- (ii) in cultivating, or otherwise in connection with, a crop that is subject to a lien; or\n- (iii) relating to animal or vegetable matter prepared or manufactured by machinery that is subject to a bill of sale; or\n- (iv) in tending, feeding, driving, or otherwise in connection with, stock that is subject to a mortgage; and\n- (b) is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— (i) the mortgagee has entered into, or taken possession of the land, crop, machinery or stock, or is taken to have done so; or (ii) the mortgagee has sold the land, crop, machinery or stock, under the mortgagee’s security; or (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (i) the mortgagee has entered into, or taken possession of the land, crop, machinery or stock, or is taken to have done so; or\n- (ii) the mortgagee has sold the land, crop, machinery or stock, under the mortgagee’s security; or\n- (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (i) in cultivating, or otherwise improving, land that is subject to a mortgage; or\n- (ii) in cultivating, or otherwise in connection with, a crop that is subject to a lien; or\n- (iii) relating to animal or vegetable matter prepared or manufactured by machinery that is subject to a bill of sale; or\n- (iv) in tending, feeding, driving, or otherwise in connection with, stock that is subject to a mortgage; and\n- (i) the mortgagee has entered into, or taken possession of the land, crop, machinery or stock, or is taken to have done so; or\n- (ii) the mortgagee has sold the land, crop, machinery or stock, under the mortgagee’s security; or\n- (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (a) the employee first applies to the mortgagee for payment of the wages;\n- (b) the mortgagee takes possession of, or sells, the land, crop, machinery or stock.\n- (a) is additional to the mortgagor’s liability for the employee’s wages; and\n- (b) does not affect rights, liabilities, functions and powers as between the mortgagor and employee.\n- (a) brings proceedings against a mortgagor for wages, whether or not the employee obtains an order for payment against the mortgagor; and\n- (b) because of a reason in subsection (1) (b) , fails to obtain payment of the wages, or part of the wages, from the mortgagor.","sortOrder":491},{"sectionNumber":"sec.391","sectionType":"section","heading":"Distress warrant levied on property of mortgagor or mortgagee","content":"### sec.391 Distress warrant levied on property of mortgagor or mortgagee\n\nA warrant of distress issued to enforce an order for payment of an employee’s wages for work performed in connection with property mentioned in section 390 (1) , as far as the land, crop, machinery or stock is concerned—\nauthorises distress on and sale of the mortgagee’s property and the mortgagor’s property; and\nmay be executed on the mortgaged land or the encumbered crop, machinery, or stock even though the mortgagee has entered into or taken possession of the land, crop, machinery or stock, or is taken to have done so, under the mortgagee’s security.\nAn amount paid by, or recovered from, the mortgagee for the wages—\nis taken to be an advance made by the mortgagee to the mortgagor under the mortgagee’s security; and\nmay be recovered by the mortgagee under the security.\nIn this section—\nland includes the fixtures on the land.\n(sec.391-ssec.1) A warrant of distress issued to enforce an order for payment of an employee’s wages for work performed in connection with property mentioned in section 390 (1) , as far as the land, crop, machinery or stock is concerned— authorises distress on and sale of the mortgagee’s property and the mortgagor’s property; and may be executed on the mortgaged land or the encumbered crop, machinery, or stock even though the mortgagee has entered into or taken possession of the land, crop, machinery or stock, or is taken to have done so, under the mortgagee’s security.\n(sec.391-ssec.2) An amount paid by, or recovered from, the mortgagee for the wages— is taken to be an advance made by the mortgagee to the mortgagor under the mortgagee’s security; and may be recovered by the mortgagee under the security.\n(sec.391-ssec.3) In this section— land includes the fixtures on the land.\n- (a) authorises distress on and sale of the mortgagee’s property and the mortgagor’s property; and\n- (b) may be executed on the mortgaged land or the encumbered crop, machinery, or stock even though the mortgagee has entered into or taken possession of the land, crop, machinery or stock, or is taken to have done so, under the mortgagee’s security.\n- (a) is taken to be an advance made by the mortgagee to the mortgagor under the mortgagee’s security; and\n- (b) may be recovered by the mortgagee under the security.","sortOrder":492},{"sectionNumber":"sec.392","sectionType":"section","heading":"Application of ss 390 and 391 to mines","content":"### sec.392 Application of ss 390 and 391 to mines\n\nSections 390 and 391 apply, with necessary changes, if an employee—\nhas performed work in or about—\na mine, including its fixtures, that is subject to a mortgage; or\nmachinery or apparatus, used in or for a mine, that is subject to a bill of sale; and\nis prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because—\nthe mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or\nthe mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or\na cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\nHowever, a mortgagee is not liable for the employee’s wages that have become payable more than 1 month before whichever of the following events happens first—\nthe employee first applies to the mortgagee for payment of the wages;\nthe mortgagee takes possession of, or sells, the mine, machinery or apparatus.\nIn this section—\nwages includes earnings for work.\n(sec.392-ssec.1) Sections 390 and 391 apply, with necessary changes, if an employee— has performed work in or about— a mine, including its fixtures, that is subject to a mortgage; or machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n(sec.392-ssec.2) However, a mortgagee is not liable for the employee’s wages that have become payable more than 1 month before whichever of the following events happens first— the employee first applies to the mortgagee for payment of the wages; the mortgagee takes possession of, or sells, the mine, machinery or apparatus.\n(sec.392-ssec.3) In this section— wages includes earnings for work.\n- (a) has performed work in or about— (i) a mine, including its fixtures, that is subject to a mortgage; or (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and\n- (i) a mine, including its fixtures, that is subject to a mortgage; or\n- (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and\n- (b) is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or\n- (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or\n- (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (i) a mine, including its fixtures, that is subject to a mortgage; or\n- (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and\n- (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or\n- (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or\n- (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee.\n- (a) the employee first applies to the mortgagee for payment of the wages;\n- (b) the mortgagee takes possession of, or sells, the mine, machinery or apparatus.","sortOrder":493},{"sectionNumber":"sec.393","sectionType":"section","heading":"Priority in payment of wages earned in mine","content":"### sec.393 Priority in payment of wages earned in mine\n\nAn amount of wages, of not more than 4 weeks, payable to an employee for work performed in or about a mine—\nis a first charge on the claim or land in or on which the mine is situated; and\nin the winding-up of a corporation formed for or engaged in working the mine, must be paid in priority to all other debts, secured or unsecured, of the corporation.\nSubsection (1) (a) applies even though—\nthe claim or land is subject to a mortgage or charge to secure payment of other amounts; or\nthe claim or land is subject to a lien.\nSubsection (1) (b) applies only to the extent that a law of the State may validly apply to the distribution of assets in a winding-up.\nIf a first charge exists under subsection (1) (a) , the amount charged includes—\nall amounts awarded by a court as costs against an employer in proceedings brought by or for an employee to recover the wages mentioned in the subsection; and\nthe amount of costs, charges and expenses reasonably incurred in attempting to enforce an order or orders for payment of the wages.\nThe debts that are a first charge under subsection (1) (a) or are to be paid in priority under subsection (1) (b) —\nrank equally among themselves; and\nif necessary, abate in equal proportions among themselves.\nIn this section—\nwages includes earnings for work.\n(sec.393-ssec.1) An amount of wages, of not more than 4 weeks, payable to an employee for work performed in or about a mine— is a first charge on the claim or land in or on which the mine is situated; and in the winding-up of a corporation formed for or engaged in working the mine, must be paid in priority to all other debts, secured or unsecured, of the corporation.\n(sec.393-ssec.2) Subsection (1) (a) applies even though— the claim or land is subject to a mortgage or charge to secure payment of other amounts; or the claim or land is subject to a lien.\n(sec.393-ssec.3) Subsection (1) (b) applies only to the extent that a law of the State may validly apply to the distribution of assets in a winding-up.\n(sec.393-ssec.4) If a first charge exists under subsection (1) (a) , the amount charged includes— all amounts awarded by a court as costs against an employer in proceedings brought by or for an employee to recover the wages mentioned in the subsection; and the amount of costs, charges and expenses reasonably incurred in attempting to enforce an order or orders for payment of the wages.\n(sec.393-ssec.5) The debts that are a first charge under subsection (1) (a) or are to be paid in priority under subsection (1) (b) — rank equally among themselves; and if necessary, abate in equal proportions among themselves.\n(sec.393-ssec.6) In this section— wages includes earnings for work.\n- (a) is a first charge on the claim or land in or on which the mine is situated; and\n- (b) in the winding-up of a corporation formed for or engaged in working the mine, must be paid in priority to all other debts, secured or unsecured, of the corporation.\n- (a) the claim or land is subject to a mortgage or charge to secure payment of other amounts; or\n- (b) the claim or land is subject to a lien.\n- (a) all amounts awarded by a court as costs against an employer in proceedings brought by or for an employee to recover the wages mentioned in the subsection; and\n- (b) the amount of costs, charges and expenses reasonably incurred in attempting to enforce an order or orders for payment of the wages.\n- (a) rank equally among themselves; and\n- (b) if necessary, abate in equal proportions among themselves.","sortOrder":494},{"sectionNumber":"ch.9-pt.2-div.6","sectionType":"division","heading":"Occupational superannuation","content":"## Occupational superannuation","sortOrder":495},{"sectionNumber":"sec.394","sectionType":"section","heading":"Contributing occupational superannuation","content":"### sec.394 Contributing occupational superannuation\n\nAn employer must contribute, for eligible employees, to the approved superannuation fund at the level required by the relevant industrial instrument.\nMaximum penalty—40 penalty units.\nThe offence is a continuing offence that may be charged in 1 or more complaints for 1 or more periods.\nAn employer does not commit an offence if the employer—\ncontributed—\nto a complying superannuation fund at a level required by a relevant industrial instrument; but\nto a fund that is not the approved superannuation fund; and\nthe employer did not knowingly contravene the instrument.\nIf the commission makes an order under section 395 (2) , an employer who fails to contribute in accordance with the order is taken to fail to make the contribution under the relevant industrial instrument, whether or not the order was directed to that employer.\nThe court by which a defendant is found guilty of an offence against subsection (1) may make, in relation to the defendant, an order a magistrate is authorised by section 396 to make on an application under that section, and that section applies and extends accordingly.\n(sec.394-ssec.1) An employer must contribute, for eligible employees, to the approved superannuation fund at the level required by the relevant industrial instrument. Maximum penalty—40 penalty units.\n(sec.394-ssec.2) The offence is a continuing offence that may be charged in 1 or more complaints for 1 or more periods.\n(sec.394-ssec.3) An employer does not commit an offence if the employer— contributed— to a complying superannuation fund at a level required by a relevant industrial instrument; but to a fund that is not the approved superannuation fund; and the employer did not knowingly contravene the instrument.\n(sec.394-ssec.4) If the commission makes an order under section 395 (2) , an employer who fails to contribute in accordance with the order is taken to fail to make the contribution under the relevant industrial instrument, whether or not the order was directed to that employer.\n(sec.394-ssec.5) The court by which a defendant is found guilty of an offence against subsection (1) may make, in relation to the defendant, an order a magistrate is authorised by section 396 to make on an application under that section, and that section applies and extends accordingly.\n- (a) contributed— (i) to a complying superannuation fund at a level required by a relevant industrial instrument; but (ii) to a fund that is not the approved superannuation fund; and\n- (i) to a complying superannuation fund at a level required by a relevant industrial instrument; but\n- (ii) to a fund that is not the approved superannuation fund; and\n- (b) the employer did not knowingly contravene the instrument.\n- (i) to a complying superannuation fund at a level required by a relevant industrial instrument; but\n- (ii) to a fund that is not the approved superannuation fund; and","sortOrder":496},{"sectionNumber":"sec.395","sectionType":"section","heading":"Power to order contribution to particular fund","content":"### sec.395 Power to order contribution to particular fund\n\nThis section applies if—\nan industrial matter relates to an allegation an employer has been, or is, contributing to a complying superannuation fund for employees at a level required by a relevant industrial instrument; but\nthe fund is not the approved superannuation fund.\nThe commission, on its own initiative or on application by an inspector, organisation or employee concerned, may—\ndecide which complying superannuation fund the employer should have been, or should be, contributing to in order to comply with the relevant industrial instrument; and\norder the employer to contribute accordingly.\nIf the commission considers it appropriate, the commission may make its order to operate from the date when a particular employee became eligible for payment of contribution to the fund decided by the commission.\nThe commission may recognise all or any of the contributions made by an employer to a complying superannuation fund up to and including the date of the commission’s decision as having met the requirements, or a part of the requirements, of a relevant industrial instrument, relating to employers’ contribution to the approved superannuation fund.\n(sec.395-ssec.1) This section applies if— an industrial matter relates to an allegation an employer has been, or is, contributing to a complying superannuation fund for employees at a level required by a relevant industrial instrument; but the fund is not the approved superannuation fund.\n(sec.395-ssec.2) The commission, on its own initiative or on application by an inspector, organisation or employee concerned, may— decide which complying superannuation fund the employer should have been, or should be, contributing to in order to comply with the relevant industrial instrument; and order the employer to contribute accordingly.\n(sec.395-ssec.3) If the commission considers it appropriate, the commission may make its order to operate from the date when a particular employee became eligible for payment of contribution to the fund decided by the commission.\n(sec.395-ssec.4) The commission may recognise all or any of the contributions made by an employer to a complying superannuation fund up to and including the date of the commission’s decision as having met the requirements, or a part of the requirements, of a relevant industrial instrument, relating to employers’ contribution to the approved superannuation fund.\n- (a) an industrial matter relates to an allegation an employer has been, or is, contributing to a complying superannuation fund for employees at a level required by a relevant industrial instrument; but\n- (b) the fund is not the approved superannuation fund.\n- (a) decide which complying superannuation fund the employer should have been, or should be, contributing to in order to comply with the relevant industrial instrument; and\n- (b) order the employer to contribute accordingly.","sortOrder":497},{"sectionNumber":"sec.396","sectionType":"section","heading":"Recovery of unpaid superannuation contribution","content":"### sec.396 Recovery of unpaid superannuation contribution\n\nAn application may be made to a magistrate for an order for payment of contributions to the approved superannuation fund payable for an eligible employee that are unpaid.\nThe application may be made by—\nan employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or\nan employee organisation of which the employee is a member, acting for the employee; or\nan inspector.\nThe application must be made within 6 years after the amount claimed became payable.\nOn hearing the application, the magistrate must order the employer to pay the employee—\nthe amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and\nan amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund.\nThe magistrate may award costs to either party in an amount assessed by the magistrate.\nThe magistrate may only make an order about the payment of the amount that the commission may make under section 477 (1) or (2) .\nA person can not make an application under this section if an application has been made under chapter 11 , part 2 , division 4 , subdivision 9 for the same matter.\n(sec.396-ssec.1) An application may be made to a magistrate for an order for payment of contributions to the approved superannuation fund payable for an eligible employee that are unpaid.\n(sec.396-ssec.2) The application may be made by— an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or an employee organisation of which the employee is a member, acting for the employee; or an inspector.\n(sec.396-ssec.3) The application must be made within 6 years after the amount claimed became payable.\n(sec.396-ssec.4) On hearing the application, the magistrate must order the employer to pay the employee— the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and an amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund.\n(sec.396-ssec.5) The magistrate may award costs to either party in an amount assessed by the magistrate.\n(sec.396-ssec.6) The magistrate may only make an order about the payment of the amount that the commission may make under section 477 (1) or (2) .\n(sec.396-ssec.7) A person can not make an application under this section if an application has been made under chapter 11 , part 2 , division 4 , subdivision 9 for the same matter.\n- (a) an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or\n- (b) an employee organisation of which the employee is a member, acting for the employee; or\n- (c) an inspector.\n- (a) the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and\n- (b) an amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund.","sortOrder":498},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":499},{"sectionNumber":"sec.397","sectionType":"section","heading":"Definitions for chapter","content":"### sec.397 Definitions for chapter\n\nIn this chapter—\nclaimant , for part 3 , division 2 , see section 403 .\nfee includes charge, expense of any kind and reward.\nfinder’s fee means a fee for finding, or attempting to find, work for a person looking for work.\nmanager see section 399 .\nmodel means a person whose work is to—\npose for a painter, photographer, sculptor or other artist; or\nput on articles of clothing or accessories, including, for example, jewellery, hats and shoes, and display them to customers, the public or for advertising purposes; or\ndisplay a hairstyle or other personal body ornamentation or decoration.\nperformer means a person whose work is to compete in sport or to act, dance, mime, perform, play, sing or speak in advertising or entertainment.\nprivate employment agent see section 398 .\npublish includes—\npublish in writing or in any other form of media; and\ncause to be published.\nwork seeker see section 400 (1) or (2) .\n- (a) pose for a painter, photographer, sculptor or other artist; or\n- (b) put on articles of clothing or accessories, including, for example, jewellery, hats and shoes, and display them to customers, the public or for advertising purposes; or\n- (c) display a hairstyle or other personal body ornamentation or decoration.\n- (a) publish in writing or in any other form of media; and\n- (b) cause to be published.","sortOrder":500},{"sectionNumber":"sec.398","sectionType":"section","heading":"Meaning of private employment agent","content":"### sec.398 Meaning of private employment agent\n\nA person is a private employment agent if the person, in the course of carrying on business and for gain—\noffers to find—\ncasual, part-time, temporary, permanent or contract work for a person; or\na casual, part-time, temporary, permanent or contract worker for a person; or\nnegotiates the terms of contract work for a model or performer; or\nadministers a contract for a model or performer and arranges payments under it; or\nprovides career advice for a model or performer.\nHowever, a person is not a private employment agent only because the person publishes—\nfor another person, an advertisement about employment opportunities; or\nan advertisement offering employment opportunities with the person.\nAlso, a person is not a private employment agent if, for an agreed rate of payment to the person—\nthe person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and\nthe worker works under the client’s direction; and\nthe person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.\ns 398 amd 2022 No. 27 s 3 sch 1\n(sec.398-ssec.1) A person is a private employment agent if the person, in the course of carrying on business and for gain— offers to find— casual, part-time, temporary, permanent or contract work for a person; or a casual, part-time, temporary, permanent or contract worker for a person; or negotiates the terms of contract work for a model or performer; or administers a contract for a model or performer and arranges payments under it; or provides career advice for a model or performer.\n(sec.398-ssec.2) However, a person is not a private employment agent only because the person publishes— for another person, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person.\n(sec.398-ssec.3) Also, a person is not a private employment agent if, for an agreed rate of payment to the person— the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and the worker works under the client’s direction; and the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.\n- (a) offers to find— (i) casual, part-time, temporary, permanent or contract work for a person; or (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (i) casual, part-time, temporary, permanent or contract work for a person; or\n- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (b) negotiates the terms of contract work for a model or performer; or\n- (c) administers a contract for a model or performer and arranges payments under it; or\n- (d) provides career advice for a model or performer.\n- (i) casual, part-time, temporary, permanent or contract work for a person; or\n- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (a) for another person, an advertisement about employment opportunities; or\n- (b) an advertisement offering employment opportunities with the person.\n- (a) the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and\n- (b) the worker works under the client’s direction; and\n- (c) the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.","sortOrder":501},{"sectionNumber":"sec.399","sectionType":"section","heading":"Meaning of manager","content":"### sec.399 Meaning of manager\n\nA private employment agent is a manager of a model or performer if the agent, under a written agreement with the model or performer, provides for the model or performer at least 4 management services.\nA private employment agent may be a manager of a model or performer whether or not any agreement between them states the agent is the sole provider of management services for the model or performer.\nHowever, a private employment agent is not a manager of a model or performer only because of a written agreement under which the agent helps the model or performer find modelling or performing work.\nFor this section, management service —\nincludes any of the following services—\nhandling business affairs for the model or performer;\nproviding accounting advice for the model or performer;\npublicising and promoting the model or performer;\nproviding services ancillary to a performance by the model or performer;\nproviding continuing career or artistic advice for the model or performer;\nrepresenting the model or performer in negotiations with media, entertainment industry workers or the public; but\ndoes not include a service mentioned in section 398 (1) (a) , (b) or (c) .\n(sec.399-ssec.1) A private employment agent is a manager of a model or performer if the agent, under a written agreement with the model or performer, provides for the model or performer at least 4 management services.\n(sec.399-ssec.2) A private employment agent may be a manager of a model or performer whether or not any agreement between them states the agent is the sole provider of management services for the model or performer.\n(sec.399-ssec.3) However, a private employment agent is not a manager of a model or performer only because of a written agreement under which the agent helps the model or performer find modelling or performing work.\n(sec.399-ssec.4) For this section, management service — includes any of the following services— handling business affairs for the model or performer; providing accounting advice for the model or performer; publicising and promoting the model or performer; providing services ancillary to a performance by the model or performer; providing continuing career or artistic advice for the model or performer; representing the model or performer in negotiations with media, entertainment industry workers or the public; but does not include a service mentioned in section 398 (1) (a) , (b) or (c) .\n- (a) includes any of the following services— (i) handling business affairs for the model or performer; (ii) providing accounting advice for the model or performer; (iii) publicising and promoting the model or performer; (iv) providing services ancillary to a performance by the model or performer; (v) providing continuing career or artistic advice for the model or performer; (vi) representing the model or performer in negotiations with media, entertainment industry workers or the public; but\n- (i) handling business affairs for the model or performer;\n- (ii) providing accounting advice for the model or performer;\n- (iii) publicising and promoting the model or performer;\n- (iv) providing services ancillary to a performance by the model or performer;\n- (v) providing continuing career or artistic advice for the model or performer;\n- (vi) representing the model or performer in negotiations with media, entertainment industry workers or the public; but\n- (b) does not include a service mentioned in section 398 (1) (a) , (b) or (c) .\n- (i) handling business affairs for the model or performer;\n- (ii) providing accounting advice for the model or performer;\n- (iii) publicising and promoting the model or performer;\n- (iv) providing services ancillary to a performance by the model or performer;\n- (v) providing continuing career or artistic advice for the model or performer;\n- (vi) representing the model or performer in negotiations with media, entertainment industry workers or the public; but","sortOrder":502},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Requirements about payment of fees to private employment agents","content":"# Requirements about payment of fees to private employment agents","sortOrder":503},{"sectionNumber":"sec.400","sectionType":"section","heading":"When fees are or are not payable to private employment agent","content":"### sec.400 When fees are or are not payable to private employment agent\n\nA private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work (a work seeker ) other than a model or performer.\nMaximum penalty—16 penalty units.\nA private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work who is a model or performer (also a work seeker ) unless—\nthe agent gives the work seeker a written notice stating the particulars prescribed by regulation; and\nthe fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and\nthe amount payable to the work seeker is at least the amount payable under an applicable industrial instrument.\nMaximum penalty—16 penalty units.\nSubsection (2) does not apply if—\nthe private employment agent is also the manager of the work seeker; and\nthe fee is payable under a written agreement between the manager and the work seeker.\nIn this section—\nindustrial instrument includes a federal industrial instrument.\n(sec.400-ssec.1) A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work (a work seeker ) other than a model or performer. Maximum penalty—16 penalty units.\n(sec.400-ssec.2) A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work who is a model or performer (also a work seeker ) unless— the agent gives the work seeker a written notice stating the particulars prescribed by regulation; and the fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and the amount payable to the work seeker is at least the amount payable under an applicable industrial instrument. Maximum penalty—16 penalty units.\n(sec.400-ssec.3) Subsection (2) does not apply if— the private employment agent is also the manager of the work seeker; and the fee is payable under a written agreement between the manager and the work seeker.\n(sec.400-ssec.4) In this section— industrial instrument includes a federal industrial instrument.\n- (a) the agent gives the work seeker a written notice stating the particulars prescribed by regulation; and\n- (b) the fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and\n- (c) the amount payable to the work seeker is at least the amount payable under an applicable industrial instrument.\n- (a) the private employment agent is also the manager of the work seeker; and\n- (b) the fee is payable under a written agreement between the manager and the work seeker.","sortOrder":504},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Recovery of fees","content":"# Recovery of fees","sortOrder":505},{"sectionNumber":"ch.10-pt.3-div.1","sectionType":"division","heading":"Orders for repayment by magistrates","content":"## Orders for repayment by magistrates","sortOrder":506},{"sectionNumber":"sec.401","sectionType":"section","heading":"Magistrate may order repayment of fees—criminal proceedings","content":"### sec.401 Magistrate may order repayment of fees—criminal proceedings\n\nThis section applies if a magistrate hears and decides a complaint for an offence against section 400 (1) or (2) .\nSubsection (3) applies if—\nthe magistrate finds the defendant guilty; and\nthe magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and\nthe fee has not been repaid to the work seeker; and\nthe defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 .\nThe magistrate must order the defendant to repay the fee to the work seeker.\nIf the magistrate does not find the defendant guilty, the magistrate may order the defendant to repay to the work seeker the amount the magistrate finds, on the balance of probabilities, the defendant has received from the work seeker.\nThe magistrate may make an order under this section—\ndespite an express or implied provision of an agreement to the contrary; and\non the terms the magistrate considers appropriate.\n(sec.401-ssec.1) This section applies if a magistrate hears and decides a complaint for an offence against section 400 (1) or (2) .\n(sec.401-ssec.2) Subsection (3) applies if— the magistrate finds the defendant guilty; and the magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and the fee has not been repaid to the work seeker; and the defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 .\n(sec.401-ssec.3) The magistrate must order the defendant to repay the fee to the work seeker.\n(sec.401-ssec.4) If the magistrate does not find the defendant guilty, the magistrate may order the defendant to repay to the work seeker the amount the magistrate finds, on the balance of probabilities, the defendant has received from the work seeker.\n(sec.401-ssec.5) The magistrate may make an order under this section— despite an express or implied provision of an agreement to the contrary; and on the terms the magistrate considers appropriate.\n- (a) the magistrate finds the defendant guilty; and\n- (b) the magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and\n- (c) the fee has not been repaid to the work seeker; and\n- (d) the defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 .\n- (a) despite an express or implied provision of an agreement to the contrary; and\n- (b) on the terms the magistrate considers appropriate.","sortOrder":507},{"sectionNumber":"sec.402","sectionType":"section","heading":"Magistrate may order repayment of fees—civil proceedings","content":"### sec.402 Magistrate may order repayment of fees—civil proceedings\n\nAn application may be made to a magistrate for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ).\nThe application may be made by—\nthe claimant; or\nan employee organisation, of which the claimant is a member, acting for the claimant; or\nanother person authorised to act for the claimant; or\nan inspector.\nThe application must be made within 6 years after the claimant gave the agent the fee.\nOn hearing the application, the magistrate—\nmust order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if—\nthe fee has not been repaid to the claimant; and\nthe agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and\nmay make an order for the repayment despite an express or implied provision of an agreement to the contrary; and\nmay order the repayment to be made on the terms the magistrate considers appropriate; and\nmay order 1 party to pay costs to another party in an amount assessed by the magistrate.\nA person can not make an application under this section if an application has been made under section 403 about the same matter.\n(sec.402-ssec.1) An application may be made to a magistrate for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ).\n(sec.402-ssec.2) The application may be made by— the claimant; or an employee organisation, of which the claimant is a member, acting for the claimant; or another person authorised to act for the claimant; or an inspector.\n(sec.402-ssec.3) The application must be made within 6 years after the claimant gave the agent the fee.\n(sec.402-ssec.4) On hearing the application, the magistrate— must order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— the fee has not been repaid to the claimant; and the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and may order the repayment to be made on the terms the magistrate considers appropriate; and may order 1 party to pay costs to another party in an amount assessed by the magistrate.\n(sec.402-ssec.5) A person can not make an application under this section if an application has been made under section 403 about the same matter.\n- (a) the claimant; or\n- (b) an employee organisation, of which the claimant is a member, acting for the claimant; or\n- (c) another person authorised to act for the claimant; or\n- (d) an inspector.\n- (a) must order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— (i) the fee has not been repaid to the claimant; and (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and\n- (i) the fee has not been repaid to the claimant; and\n- (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and\n- (b) may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and\n- (c) may order the repayment to be made on the terms the magistrate considers appropriate; and\n- (d) may order 1 party to pay costs to another party in an amount assessed by the magistrate.\n- (i) the fee has not been repaid to the claimant; and\n- (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and","sortOrder":508},{"sectionNumber":"ch.10-pt.3-div.2","sectionType":"division","heading":"Orders for repayment on application to commission","content":"## Orders for repayment on application to commission","sortOrder":509},{"sectionNumber":"sec.403","sectionType":"section","heading":"Application to commission","content":"### sec.403 Application to commission\n\nAn application may be made to the commission for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ).\nAn application can not be made to the commission if the total fee claimed under subsection (1) is more than $20,000.\nThe application may be made by any of the following persons—\nthe claimant;\nan employee organisation, of which the claimant is a member, acting for the claimant;\nanother person authorised to act for the claimant;\nan inspector.\nThe application must be made within 6 years after the claimant gave the agent the fee.\nA person can not make an application under this section if an application has been made under section 402 about the same matter.\n(sec.403-ssec.1) An application may be made to the commission for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ).\n(sec.403-ssec.2) An application can not be made to the commission if the total fee claimed under subsection (1) is more than $20,000.\n(sec.403-ssec.3) The application may be made by any of the following persons— the claimant; an employee organisation, of which the claimant is a member, acting for the claimant; another person authorised to act for the claimant; an inspector.\n(sec.403-ssec.4) The application must be made within 6 years after the claimant gave the agent the fee.\n(sec.403-ssec.5) A person can not make an application under this section if an application has been made under section 402 about the same matter.\n- (a) the claimant;\n- (b) an employee organisation, of which the claimant is a member, acting for the claimant;\n- (c) another person authorised to act for the claimant;\n- (d) an inspector.","sortOrder":510},{"sectionNumber":"sec.404","sectionType":"section","heading":"Remission to a magistrate","content":"### sec.404 Remission to a magistrate\n\nThis section applies if a presidential member considers an application made under section 403 could be more conveniently heard by a magistrate, having regard to—\nthe difficulty or expense of producing witnesses; or\nanother good and sufficient reason, for example, cost.\nThe presidential member may, either before or after the start of a hearing, remit the application to a magistrate.\nA magistrate may hear and decide the application as if it had been brought before the commission and the magistrate’s decision and order is taken to be a decision and order of the commission.\n(sec.404-ssec.1) This section applies if a presidential member considers an application made under section 403 could be more conveniently heard by a magistrate, having regard to— the difficulty or expense of producing witnesses; or another good and sufficient reason, for example, cost.\n(sec.404-ssec.2) The presidential member may, either before or after the start of a hearing, remit the application to a magistrate.\n(sec.404-ssec.3) A magistrate may hear and decide the application as if it had been brought before the commission and the magistrate’s decision and order is taken to be a decision and order of the commission.\n- (a) the difficulty or expense of producing witnesses; or\n- (b) another good and sufficient reason, for example, cost.","sortOrder":511},{"sectionNumber":"sec.405","sectionType":"section","heading":"Hearing of application by commission or magistrate","content":"### sec.405 Hearing of application by commission or magistrate\n\nOn hearing an application made under section 403 , the commission or magistrate—\nmust order the agent to repay to the claimant the amount the commission or magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if—\nthe fee has not been repaid to the claimant; and\nthe agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and\nmay make an order for the repayment despite an express or implied provision of an agreement to the contrary; and\nmay order the repayment to be made on the terms the commission or magistrate considers appropriate; and\nmay order 1 party to pay costs to another party in an amount assessed by the commission or magistrate.\n- (a) must order the agent to repay to the claimant the amount the commission or magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— (i) the fee has not been repaid to the claimant; and (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and\n- (i) the fee has not been repaid to the claimant; and\n- (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and\n- (b) may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and\n- (c) may order the repayment to be made on the terms the commission or magistrate considers appropriate; and\n- (d) may order 1 party to pay costs to another party in an amount assessed by the commission or magistrate.\n- (i) the fee has not been repaid to the claimant; and\n- (ii) the agent is not liable to repay the fee to the claimant under an existing order under division 1 ; and","sortOrder":512},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":513},{"sectionNumber":"sec.406","sectionType":"section","heading":"Enforcement of magistrate’s orders","content":"### sec.406 Enforcement of magistrate’s orders\n\nThis section applies if, under part 3 , division 1 , a magistrate orders—\na private employment agent to repay a fee received by the agent in contravention of section 400 (1) or (2) to a work seeker mentioned in section 401 or a claimant mentioned in section 402 ; or\ncosts of a party under section 402 .\nThe order is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\nAlso, an amount ordered to be paid to the work seeker or claimant by the agent may be recovered by the work seeker or claimant from the agent as a debt.\nFor subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court, and on being filed—\nis taken to be an order properly made by a Magistrates Court; and\nmay be enforced as a money order made by the Magistrates Court.\nThe magistrate may give particulars of the order mentioned in subsection (1) to the registrar for the purpose of registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .\nIn this section—\nregistrar , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.406-ssec.1) This section applies if, under part 3 , division 1 , a magistrate orders— a private employment agent to repay a fee received by the agent in contravention of section 400 (1) or (2) to a work seeker mentioned in section 401 or a claimant mentioned in section 402 ; or costs of a party under section 402 .\n(sec.406-ssec.2) The order is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\n(sec.406-ssec.3) Also, an amount ordered to be paid to the work seeker or claimant by the agent may be recovered by the work seeker or claimant from the agent as a debt.\n(sec.406-ssec.4) For subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court, and on being filed— is taken to be an order properly made by a Magistrates Court; and may be enforced as a money order made by the Magistrates Court.\n(sec.406-ssec.5) The magistrate may give particulars of the order mentioned in subsection (1) to the registrar for the purpose of registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .\n(sec.406-ssec.6) In this section— registrar , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) a private employment agent to repay a fee received by the agent in contravention of section 400 (1) or (2) to a work seeker mentioned in section 401 or a claimant mentioned in section 402 ; or\n- (b) costs of a party under section 402 .\n- (a) is taken to be an order properly made by a Magistrates Court; and\n- (b) may be enforced as a money order made by the Magistrates Court.","sortOrder":514},{"sectionNumber":"ch.10A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":515},{"sectionNumber":"sec.406A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.406A Definitions for chapter\n\nIn this chapter—\napplied provision means a provision of this Act (other than a provision of this chapter) that a provision of this chapter states is an applied provision.\napplies to , for a contract instrument, see section 406H .\ncertification application means an application under section 406ZC to certify an agreement proposed to be a negotiated agreement.\ncontract includes—\nan arrangement or understanding; and\na collateral contract relating to a contract.\ncontract determination see section 406N (1) (a) .\ncontract instrument means—\na contract determination; or\na negotiated agreement.\ncourier service contract see section 406D .\ncourier vehicle means—\na motor vehicle within the meaning of the Transport Operations (Road Use Management) Act 1995 ; or\na bicycle, including a bicycle that has an auxiliary motor; or\na scooter within the meaning of the Transport Operations (Road Use Management) Act 1995 .\ncovers , for a contract instrument, see section 406I .\nindependent courier see section 406B .\nnegotiated agreement see section 406V (1) .\nnegotiating party , in relation to negotiations under part 4 with a view to a negotiated agreement being made, means—\na person who is a party to the negotiations; or\na person who has given notice under section 406X of the person’s intention to be a party to the negotiations; or\nanother person who has received a notice of intention to start negotiations under section 406W and refuses to negotiate.\nprincipal contractor see section 406C .\nproposed negotiated agreement means—\nin relation to negotiations under part 4 —the negotiated agreement proposed to be made as a result of the negotiations; or\nin relation to a certification application—the agreement the subject of the application.\nrelevant contract determination , in relation to a proposed negotiated agreement, see section 406ZD (2) .\nrelevant employee organisation —\nin relation to a proposed negotiated agreement—see section 406W (4) ; or\nin relation to a negotiated agreement—means an employee organisation or federal organisation of employees the agreement applies to; or\nin relation to an independent courier—means an employee organisation or federal organisation of employees of which the independent courier is a member.\nscope order , in relation to a proposed negotiated agreement, see section 406ZB (1) .\nunfair contract see section 406ZU .\nunfairly terminated , for a courier service contract, see section 406ZX .\nvalid majority means a majority of the independent couriers who are covered by a negotiated agreement, or who will be covered by a proposed negotiated agreement, who cast a valid vote to give an approval in relation to the agreement or proposed agreement, after the principal contractor has given the independent couriers a reasonable opportunity to decide whether they want to give the approval.\ns 406A ins 2022 No. 27 s 66\n- (a) an arrangement or understanding; and\n- (b) a collateral contract relating to a contract.\n- (a) a contract determination; or\n- (b) a negotiated agreement.\n- (a) a motor vehicle within the meaning of the Transport Operations (Road Use Management) Act 1995 ; or\n- (b) a bicycle, including a bicycle that has an auxiliary motor; or\n- (c) a scooter within the meaning of the Transport Operations (Road Use Management) Act 1995 .\n- (a) a person who is a party to the negotiations; or\n- (b) a person who has given notice under section 406X of the person’s intention to be a party to the negotiations; or\n- (c) another person who has received a notice of intention to start negotiations under section 406W and refuses to negotiate.\n- (a) in relation to negotiations under part 4 —the negotiated agreement proposed to be made as a result of the negotiations; or\n- (b) in relation to a certification application—the agreement the subject of the application.\n- (a) in relation to a proposed negotiated agreement—see section 406W (4) ; or\n- (b) in relation to a negotiated agreement—means an employee organisation or federal organisation of employees the agreement applies to; or\n- (c) in relation to an independent courier—means an employee organisation or federal organisation of employees of which the independent courier is a member.","sortOrder":516},{"sectionNumber":"sec.406B","sectionType":"section","heading":"Who is an independent courier","content":"### sec.406B Who is an independent courier\n\nAn independent courier is a person who provides a service transporting goods using a courier vehicle if, in the course of providing the service, the courier vehicle is driven only by—\nif the person is an individual—the individual; or\nif the person is a partnership—a partner in the partnership; or\nif the person is a corporation—\nan executive officer of the corporation; or\na member of the family of an executive officer of the corporation.\nIt does not matter whether—\na person mentioned in subsection (1) (b) or (c) is employed by the independent courier or engaged in another way; or\na person other than the independent courier is temporarily employed, or temporarily engaged in another way, to provide the service, and drive the courier vehicle in the course of providing the service, while the independent courier is sick, taking leave or otherwise temporarily unavailable.\nIn this section—\ndrive , a courier vehicle, includes ride the vehicle.\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 406B ins 2022 No. 27 s 66\n(sec.406B-ssec.1) An independent courier is a person who provides a service transporting goods using a courier vehicle if, in the course of providing the service, the courier vehicle is driven only by— if the person is an individual—the individual; or if the person is a partnership—a partner in the partnership; or if the person is a corporation— an executive officer of the corporation; or a member of the family of an executive officer of the corporation.\n(sec.406B-ssec.2) It does not matter whether— a person mentioned in subsection (1) (b) or (c) is employed by the independent courier or engaged in another way; or a person other than the independent courier is temporarily employed, or temporarily engaged in another way, to provide the service, and drive the courier vehicle in the course of providing the service, while the independent courier is sick, taking leave or otherwise temporarily unavailable.\n(sec.406B-ssec.3) In this section— drive , a courier vehicle, includes ride the vehicle. executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) if the person is an individual—the individual; or\n- (b) if the person is a partnership—a partner in the partnership; or\n- (c) if the person is a corporation— (i) an executive officer of the corporation; or (ii) a member of the family of an executive officer of the corporation.\n- (i) an executive officer of the corporation; or\n- (ii) a member of the family of an executive officer of the corporation.\n- (i) an executive officer of the corporation; or\n- (ii) a member of the family of an executive officer of the corporation.\n- (a) a person mentioned in subsection (1) (b) or (c) is employed by the independent courier or engaged in another way; or\n- (b) a person other than the independent courier is temporarily employed, or temporarily engaged in another way, to provide the service, and drive the courier vehicle in the course of providing the service, while the independent courier is sick, taking leave or otherwise temporarily unavailable.","sortOrder":517},{"sectionNumber":"sec.406C","sectionType":"section","heading":"Who is a principal contractor","content":"### sec.406C Who is a principal contractor\n\nA principal contractor is a person who—\ncarries on a business that includes arranging for goods to be transported by independent couriers; and\nin carrying on the business, uses 2 or more independent couriers to transport the goods.\ns 406C ins 2022 No. 27 s 66\n- (a) carries on a business that includes arranging for goods to be transported by independent couriers; and\n- (b) in carrying on the business, uses 2 or more independent couriers to transport the goods.","sortOrder":518},{"sectionNumber":"sec.406D","sectionType":"section","heading":"What is a courier service contract","content":"### sec.406D What is a courier service contract\n\nA courier service contract is a contract between a principal contractor and an independent courier—\nunder which the independent courier transports goods under arrangements made by the principal contractor; and\nthat is not a contract of employment.\nA courier service contract includes a contract declared to be a courier service contract by an order of the commission under section 406E .\nWithout limiting subsection (1) or (2) , a courier service contract may be a franchise arrangement.\ns 406D ins 2022 No. 27 s 66\n(sec.406D-ssec.1) A courier service contract is a contract between a principal contractor and an independent courier— under which the independent courier transports goods under arrangements made by the principal contractor; and that is not a contract of employment.\n(sec.406D-ssec.2) A courier service contract includes a contract declared to be a courier service contract by an order of the commission under section 406E .\n(sec.406D-ssec.3) Without limiting subsection (1) or (2) , a courier service contract may be a franchise arrangement.\n- (a) under which the independent courier transports goods under arrangements made by the principal contractor; and\n- (b) that is not a contract of employment.","sortOrder":519},{"sectionNumber":"sec.406E","sectionType":"section","heading":"Declaration that contract is courier service contract","content":"### sec.406E Declaration that contract is courier service contract\n\nThe commission may make an order declaring that a contract is a courier service contract if satisfied the contract—\nhas the effect of avoiding the provisions of this chapter; and\nprovides for, or affects, the remuneration and working conditions of an independent courier who transports goods under arrangements made by another person; and\nis not a contract of employment between the independent courier and another person.\ns 406E ins 2022 No. 27 s 66\n- (a) has the effect of avoiding the provisions of this chapter; and\n- (b) provides for, or affects, the remuneration and working conditions of an independent courier who transports goods under arrangements made by another person; and\n- (c) is not a contract of employment between the independent courier and another person.","sortOrder":520},{"sectionNumber":"ch.10A-pt.2","sectionType":"part","heading":"General provisions for contract instruments","content":"# General provisions for contract instruments","sortOrder":521},{"sectionNumber":"ch.10A-pt.2-div.1","sectionType":"division","heading":"General requirements for commission exercising powers","content":"## General requirements for commission exercising powers","sortOrder":522},{"sectionNumber":"sec.406F","sectionType":"section","heading":"Criteria and considerations for commission exercising powers","content":"### sec.406F Criteria and considerations for commission exercising powers\n\nIn exercising its powers under this chapter, the commission must ensure a contract instrument provides for remuneration and working conditions for independent couriers, for the work performed to provide services transporting goods under the instrument, that—\nare fair and just; and\nare comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and\ngenerally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument.\nFor subsection (1) , the commission must consider the following matters—\nwhether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument—\nfair recovery for the costs likely to be incurred by the independent courier to perform the work; and\na fair return for the independent courier’s work and capital investment likely to be required to perform the work;\nthe market for the services to transport goods;\nthe level of financial risk assumed by the independent courier to provide the services;\nthe certainty and security of the services the independent courier is required to provide under the instrument;\nwhether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use;\nthe matters mentioned in section 141 (2) ;\nthe value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act.\nThe commission may also consider any other matters the commission considers relevant.\nSection 141 (2) is an applied provision for the commissioner exercising powers under this chapter.\nSee section 406ZZF about interpreting an applied provision.\ns 406F ins 2022 No. 27 s 66\n(sec.406F-ssec.1) In exercising its powers under this chapter, the commission must ensure a contract instrument provides for remuneration and working conditions for independent couriers, for the work performed to provide services transporting goods under the instrument, that— are fair and just; and are comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and generally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument.\n(sec.406F-ssec.2) For subsection (1) , the commission must consider the following matters— whether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument— fair recovery for the costs likely to be incurred by the independent courier to perform the work; and a fair return for the independent courier’s work and capital investment likely to be required to perform the work; the market for the services to transport goods; the level of financial risk assumed by the independent courier to provide the services; the certainty and security of the services the independent courier is required to provide under the instrument; whether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use; the matters mentioned in section 141 (2) ; the value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act.\n(sec.406F-ssec.3) The commission may also consider any other matters the commission considers relevant.\n(sec.406F-ssec.4) Section 141 (2) is an applied provision for the commissioner exercising powers under this chapter. See section 406ZZF about interpreting an applied provision.\n- (a) are fair and just; and\n- (b) are comparable to the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work; and\n- (c) generally reflect the prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument.\n- (a) whether the remuneration provided for by the contract instrument represents, for the work performed by an independent courier under the instrument— (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work;\n- (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and\n- (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work;\n- (b) the market for the services to transport goods;\n- (c) the level of financial risk assumed by the independent courier to provide the services;\n- (d) the certainty and security of the services the independent courier is required to provide under the instrument;\n- (e) whether the contract instrument allows the independent courier to use the courier’s courier vehicle and other equipment to provide services for another principal contractor, or for the courier’s personal use;\n- (f) the matters mentioned in section 141 (2) ;\n- (g) the value of the annual leave, personal leave, long service leave and other leave to which an employee mentioned in subsection (1) (b) is entitled under an industrial instrument or this Act.\n- (i) fair recovery for the costs likely to be incurred by the independent courier to perform the work; and\n- (ii) a fair return for the independent courier’s work and capital investment likely to be required to perform the work;","sortOrder":523},{"sectionNumber":"ch.10A-pt.2-div.2","sectionType":"division","heading":"Effect of contract instruments","content":"## Effect of contract instruments","sortOrder":524},{"sectionNumber":"sec.406G","sectionType":"section","heading":"Contravening contract instruments","content":"### sec.406G Contravening contract instruments\n\nA person must not contravene a contract instrument that applies to the person.\nThis subsection is a civil penalty provision.\nA contract instrument does not impose obligations, or confer entitlements, on a person unless the instrument applies to the person.\ns 406G ins 2022 No. 27 s 66\n(sec.406G-ssec.1) A person must not contravene a contract instrument that applies to the person. This subsection is a civil penalty provision.\n(sec.406G-ssec.2) A contract instrument does not impose obligations, or confer entitlements, on a person unless the instrument applies to the person.","sortOrder":525},{"sectionNumber":"sec.406H","sectionType":"section","heading":"Who a contract instrument applies to","content":"### sec.406H Who a contract instrument applies to\n\nA contract instrument applies to a principal contractor, independent courier, organisation or federal organisation if—\nthe instrument is in operation; and\nthe instrument covers the principal contractor, independent courier, organisation or federal organisation.\nHowever, a contract determination does not apply to a principal contractor or independent courier to the extent an exemption under section 406R excludes the principal contractor or independent courier from the operation of the determination.\nA reference in this Act to a contract instrument applying to an independent courier is a reference to the instrument applying to the independent courier in relation to a particular class of courier service contracts.\ns 406H ins 2022 No. 27 s 66\n(sec.406H-ssec.1) A contract instrument applies to a principal contractor, independent courier, organisation or federal organisation if— the instrument is in operation; and the instrument covers the principal contractor, independent courier, organisation or federal organisation.\n(sec.406H-ssec.2) However, a contract determination does not apply to a principal contractor or independent courier to the extent an exemption under section 406R excludes the principal contractor or independent courier from the operation of the determination.\n(sec.406H-ssec.3) A reference in this Act to a contract instrument applying to an independent courier is a reference to the instrument applying to the independent courier in relation to a particular class of courier service contracts.\n- (a) the instrument is in operation; and\n- (b) the instrument covers the principal contractor, independent courier, organisation or federal organisation.","sortOrder":526},{"sectionNumber":"sec.406I","sectionType":"section","heading":"Who a contract instrument covers","content":"### sec.406I Who a contract instrument covers\n\nThis section applies in relation to a contract instrument that is in operation.\nA contract instrument covers a principal contractor, independent courier, organisation or federal organisation if—\nthe instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or\nthis Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.\nHowever, a contract instrument does not cover a principal contractor, independent courier, organisation or federal organisation if another provision of this Act, or an order made under this Act, provides or has the effect that the instrument does not cover the principal contractor, independent courier, organisation or federal organisation.\nA negotiated agreement also covers an employee organisation or federal organisation of employees if—\nthe agreement is made with the organisation or federal organisation; or\na decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.\nA negotiated agreement to which a group of independent couriers is a party covers all of the independent couriers in the group, including independent couriers who enter a courier service contract with the principal contractor after the negotiated agreement is made.\nA reference in this Act to a contract instrument covering an independent courier is a reference to the instrument covering the independent courier in relation to a particular class of courier service contracts.\ns 406I ins 2022 No. 27 s 66\n(sec.406I-ssec.1) This section applies in relation to a contract instrument that is in operation.\n(sec.406I-ssec.2) A contract instrument covers a principal contractor, independent courier, organisation or federal organisation if— the instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or this Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.\n(sec.406I-ssec.3) However, a contract instrument does not cover a principal contractor, independent courier, organisation or federal organisation if another provision of this Act, or an order made under this Act, provides or has the effect that the instrument does not cover the principal contractor, independent courier, organisation or federal organisation.\n(sec.406I-ssec.4) A negotiated agreement also covers an employee organisation or federal organisation of employees if— the agreement is made with the organisation or federal organisation; or a decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.\n(sec.406I-ssec.5) A negotiated agreement to which a group of independent couriers is a party covers all of the independent couriers in the group, including independent couriers who enter a courier service contract with the principal contractor after the negotiated agreement is made.\n(sec.406I-ssec.6) A reference in this Act to a contract instrument covering an independent courier is a reference to the instrument covering the independent courier in relation to a particular class of courier service contracts.\n- (a) the instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or\n- (b) this Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.\n- (a) the agreement is made with the organisation or federal organisation; or\n- (b) a decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.","sortOrder":527},{"sectionNumber":"sec.406J","sectionType":"section","heading":"Application of contract determination to successor principal contractors","content":"### sec.406J Application of contract determination to successor principal contractors\n\nTo the extent a contract determination applies to a stated principal contractor, the determination applies to—\nthe principal contractor and any successor of the principal contractor; and\neach independent courier who enters a courier service contract with the principal contractor and any successor.\ns 406J ins 2022 No. 27 s 66\n- (a) the principal contractor and any successor of the principal contractor; and\n- (b) each independent courier who enters a courier service contract with the principal contractor and any successor.","sortOrder":528},{"sectionNumber":"sec.406K","sectionType":"section","heading":"Application of negotiated agreement to successor principal contractors","content":"### sec.406K Application of negotiated agreement to successor principal contractors\n\nThis section applies if—\na negotiated agreement applies to a principal contractor; and\nat a later time, a new principal contractor becomes the successor (whether or not immediate) of the whole or part of the business of the principal contractor.\nFrom the later time—\nto the extent the negotiated agreement applies to the whole or part of the business, the negotiated agreement—\napplies to the new principal contractor; and\ndoes not apply to the previous principal contractor; and\na reference in this chapter to the principal contractor, to the extent the context relates to the whole or part of the business—\nis a reference to the new principal contractor; and\nis not a reference to the previous principal contractor.\ns 406K ins 2022 No. 27 s 66\n(sec.406K-ssec.1) This section applies if— a negotiated agreement applies to a principal contractor; and at a later time, a new principal contractor becomes the successor (whether or not immediate) of the whole or part of the business of the principal contractor.\n(sec.406K-ssec.2) From the later time— to the extent the negotiated agreement applies to the whole or part of the business, the negotiated agreement— applies to the new principal contractor; and does not apply to the previous principal contractor; and a reference in this chapter to the principal contractor, to the extent the context relates to the whole or part of the business— is a reference to the new principal contractor; and is not a reference to the previous principal contractor.\n- (a) a negotiated agreement applies to a principal contractor; and\n- (b) at a later time, a new principal contractor becomes the successor (whether or not immediate) of the whole or part of the business of the principal contractor.\n- (a) to the extent the negotiated agreement applies to the whole or part of the business, the negotiated agreement— (i) applies to the new principal contractor; and (ii) does not apply to the previous principal contractor; and\n- (i) applies to the new principal contractor; and\n- (ii) does not apply to the previous principal contractor; and\n- (b) a reference in this chapter to the principal contractor, to the extent the context relates to the whole or part of the business— (i) is a reference to the new principal contractor; and (ii) is not a reference to the previous principal contractor.\n- (i) is a reference to the new principal contractor; and\n- (ii) is not a reference to the previous principal contractor.\n- (i) applies to the new principal contractor; and\n- (ii) does not apply to the previous principal contractor; and\n- (i) is a reference to the new principal contractor; and\n- (ii) is not a reference to the previous principal contractor.","sortOrder":529},{"sectionNumber":"ch.10A-pt.2-div.3","sectionType":"division","heading":"Interaction of contract instruments and courier service contracts","content":"## Interaction of contract instruments and courier service contracts","sortOrder":530},{"sectionNumber":"sec.406L","sectionType":"section","heading":"Relationship of contract determination with negotiated agreement","content":"### sec.406L Relationship of contract determination with negotiated agreement\n\nA contract determination may apply to an independent courier in relation to a particular class of courier service contracts at the same time a negotiated agreement applies to the independent courier in relation to the same class of courier service contracts.\nIf both a contract determination and negotiated agreement apply to an independent courier in relation to a class of courier service contracts, the negotiated agreement applies to the extent of any inconsistency.\ns 406L ins 2022 No. 27 s 66\n(sec.406L-ssec.1) A contract determination may apply to an independent courier in relation to a particular class of courier service contracts at the same time a negotiated agreement applies to the independent courier in relation to the same class of courier service contracts.\n(sec.406L-ssec.2) If both a contract determination and negotiated agreement apply to an independent courier in relation to a class of courier service contracts, the negotiated agreement applies to the extent of any inconsistency.","sortOrder":531},{"sectionNumber":"sec.406M","sectionType":"section","heading":"Relationship of contract instrument with courier service contract","content":"### sec.406M Relationship of contract instrument with courier service contract\n\nThis section applies to a courier service contract—\nin effect when a contract instrument came into operation; or\nentered into after a contract instrument came into operation.\nThe contract instrument prevails over the courier service contract to the extent of any inconsistency.\nThe courier service contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the contract instrument.\nHowever, there is no inconsistency only because the courier service contract provides for working conditions at least as favourable for the independent courier as the contract instrument.\ns 406M ins 2022 No. 27 s 66\n(sec.406M-ssec.1) This section applies to a courier service contract— in effect when a contract instrument came into operation; or entered into after a contract instrument came into operation.\n(sec.406M-ssec.2) The contract instrument prevails over the courier service contract to the extent of any inconsistency.\n(sec.406M-ssec.3) The courier service contract must be interpreted, and takes effect, as if it were amended to the extent necessary to make the contract consistent with the contract instrument.\n(sec.406M-ssec.4) However, there is no inconsistency only because the courier service contract provides for working conditions at least as favourable for the independent courier as the contract instrument.\n- (a) in effect when a contract instrument came into operation; or\n- (b) entered into after a contract instrument came into operation.","sortOrder":532},{"sectionNumber":"ch.10A-pt.3","sectionType":"part","heading":"Contract determinations","content":"# Contract determinations","sortOrder":533},{"sectionNumber":"sec.406N","sectionType":"section","heading":"Contract determination fixing minimum remuneration and working conditions for independent couriers","content":"### sec.406N Contract determination fixing minimum remuneration and working conditions for independent couriers\n\nThe commission may, on an application by an entity mentioned in section 406O or its own initiative—\nmake a determination (a contract determination ) fixing minimum remuneration and working conditions for independent couriers under—\na class of courier service contracts; or\ndifferent classes of courier service contracts; or\nmake an order varying a contract determination.\nSee section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument.\nA contract determination must state the class of courier service contracts, or different classes of courier service contracts, for which the determination operates.\nA contract determination may state that it stops operating on a stated day.\nA class of courier service contracts may be identified by reference to a stated principal contractor.\ns 406N ins 2022 No. 27 s 66\n(sec.406N-ssec.1) The commission may, on an application by an entity mentioned in section 406O or its own initiative— make a determination (a contract determination ) fixing minimum remuneration and working conditions for independent couriers under— a class of courier service contracts; or different classes of courier service contracts; or make an order varying a contract determination. See section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument.\n(sec.406N-ssec.2) A contract determination must state the class of courier service contracts, or different classes of courier service contracts, for which the determination operates.\n(sec.406N-ssec.3) A contract determination may state that it stops operating on a stated day.\n(sec.406N-ssec.4) A class of courier service contracts may be identified by reference to a stated principal contractor.\n- (a) make a determination (a contract determination ) fixing minimum remuneration and working conditions for independent couriers under— (i) a class of courier service contracts; or (ii) different classes of courier service contracts; or\n- (i) a class of courier service contracts; or\n- (ii) different classes of courier service contracts; or\n- (b) make an order varying a contract determination.\n- (i) a class of courier service contracts; or\n- (ii) different classes of courier service contracts; or","sortOrder":534},{"sectionNumber":"sec.406O","sectionType":"section","heading":"Who may apply for contract determination","content":"### sec.406O Who may apply for contract determination\n\nThe following entities may, under section 406N , apply for the making or variation of a contract determination for a class of courier service contracts—\na principal contractor who engages independent couriers under the class of courier service contracts;\n2 or more principal contractors who engage independent couriers under the class of courier service contracts and who—\nare related bodies corporate within the meaning of the Corporations Act ; or\nare engaged in a joint venture or common enterprise; or\nundertake similar work;\nan employer organisation, federal organisation of employers, or State peak council of which principal contractors who may be directly affected by the contract determination are members;\nan employee organisation, federal organisation of employees, or State peak council of which independent couriers who may be directly affected by the contract determination are members.\nAn entity who applies for the making or variation of a contract determination for a class of courier service contracts must serve a copy of the application on—\neach other entity mentioned in subsection (1) in relation to the class of courier service contract; and\neach other person directed by the commission.\ns 406O ins 2022 No. 27 s 66\n(sec.406O-ssec.1) The following entities may, under section 406N , apply for the making or variation of a contract determination for a class of courier service contracts— a principal contractor who engages independent couriers under the class of courier service contracts; 2 or more principal contractors who engage independent couriers under the class of courier service contracts and who— are related bodies corporate within the meaning of the Corporations Act ; or are engaged in a joint venture or common enterprise; or undertake similar work; an employer organisation, federal organisation of employers, or State peak council of which principal contractors who may be directly affected by the contract determination are members; an employee organisation, federal organisation of employees, or State peak council of which independent couriers who may be directly affected by the contract determination are members.\n(sec.406O-ssec.2) An entity who applies for the making or variation of a contract determination for a class of courier service contracts must serve a copy of the application on— each other entity mentioned in subsection (1) in relation to the class of courier service contract; and each other person directed by the commission.\n- (a) a principal contractor who engages independent couriers under the class of courier service contracts;\n- (b) 2 or more principal contractors who engage independent couriers under the class of courier service contracts and who— (i) are related bodies corporate within the meaning of the Corporations Act ; or (ii) are engaged in a joint venture or common enterprise; or (iii) undertake similar work;\n- (i) are related bodies corporate within the meaning of the Corporations Act ; or\n- (ii) are engaged in a joint venture or common enterprise; or\n- (iii) undertake similar work;\n- (c) an employer organisation, federal organisation of employers, or State peak council of which principal contractors who may be directly affected by the contract determination are members;\n- (d) an employee organisation, federal organisation of employees, or State peak council of which independent couriers who may be directly affected by the contract determination are members.\n- (i) are related bodies corporate within the meaning of the Corporations Act ; or\n- (ii) are engaged in a joint venture or common enterprise; or\n- (iii) undertake similar work;\n- (a) each other entity mentioned in subsection (1) in relation to the class of courier service contract; and\n- (b) each other person directed by the commission.","sortOrder":535},{"sectionNumber":"sec.406P","sectionType":"section","heading":"Notice of application and hearing","content":"### sec.406P Notice of application and hearing\n\nAs soon as practicable after an application for the making or variation of a contract determination is made under section 406O , the registrar must publish on the QIRC website—\na copy of the application; and\na notice stating—\ndetails of the class of courier service contracts that the application relates to; and\nthe hearing date for the application; and\nthat any person may make a written submission to the commission about the application before the hearing date.\nAlso, the registrar must ensure a copy of the notice mentioned in subsection (1) (b) is published at least 21 days before the hearing date—\nin a newspaper circulating throughout the State; and\nin another newspaper or publication the registrar considers gives sufficient notice of the application to the public or the part of the public likely to be affected by or concerned with the application.\nPublication of the notice under subsection (2) may be in the electronic or online version of a newspaper or other publication.\ns 406P ins 2022 No. 27 s 66\n(sec.406P-ssec.1) As soon as practicable after an application for the making or variation of a contract determination is made under section 406O , the registrar must publish on the QIRC website— a copy of the application; and a notice stating— details of the class of courier service contracts that the application relates to; and the hearing date for the application; and that any person may make a written submission to the commission about the application before the hearing date.\n(sec.406P-ssec.2) Also, the registrar must ensure a copy of the notice mentioned in subsection (1) (b) is published at least 21 days before the hearing date— in a newspaper circulating throughout the State; and in another newspaper or publication the registrar considers gives sufficient notice of the application to the public or the part of the public likely to be affected by or concerned with the application.\n(sec.406P-ssec.3) Publication of the notice under subsection (2) may be in the electronic or online version of a newspaper or other publication.\n- (a) a copy of the application; and\n- (b) a notice stating— (i) details of the class of courier service contracts that the application relates to; and (ii) the hearing date for the application; and (iii) that any person may make a written submission to the commission about the application before the hearing date.\n- (i) details of the class of courier service contracts that the application relates to; and\n- (ii) the hearing date for the application; and\n- (iii) that any person may make a written submission to the commission about the application before the hearing date.\n- (i) details of the class of courier service contracts that the application relates to; and\n- (ii) the hearing date for the application; and\n- (iii) that any person may make a written submission to the commission about the application before the hearing date.\n- (a) in a newspaper circulating throughout the State; and\n- (b) in another newspaper or publication the registrar considers gives sufficient notice of the application to the public or the part of the public likely to be affected by or concerned with the application.","sortOrder":536},{"sectionNumber":"sec.406Q","sectionType":"section","heading":"Entities that may be heard on application","content":"### sec.406Q Entities that may be heard on application\n\nA person, organisation, federal organisation or State peak council that will be covered by the proposed contract determination are entitled to be heard on an application for the contract determination.\nAnother person may be heard only with the leave of the commission.\nThe commission may give leave under subsection (2) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to deciding the application.\nThis section does not affect another right of an organisation, federal organisation or another person to be heard on, or to intervene in, the application.\ns 406Q ins 2022 No. 27 s 66\n(sec.406Q-ssec.1) A person, organisation, federal organisation or State peak council that will be covered by the proposed contract determination are entitled to be heard on an application for the contract determination.\n(sec.406Q-ssec.2) Another person may be heard only with the leave of the commission.\n(sec.406Q-ssec.3) The commission may give leave under subsection (2) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to deciding the application.\n(sec.406Q-ssec.4) This section does not affect another right of an organisation, federal organisation or another person to be heard on, or to intervene in, the application.","sortOrder":537},{"sectionNumber":"sec.406R","sectionType":"section","heading":"Exemptions from contract determination","content":"### sec.406R Exemptions from contract determination\n\nThe commission may, on application, make an order exempting a person, contract, negotiated agreement or other matter from the operation of a contract determination, including, for example—\na class of principal contractors or independent couriers; or\na class of courier service contracts; or\nprincipal contractors or independent couriers in a particular locality.\nThe commission may make the order if satisfied the exemption is not contrary to the public interest.\nAn exemption has effect for the period, of not more than 3 years, stated in the exemption.\nThe commission may review, vary or revoke an exemption on application or on its own initiative.\ns 406R ins 2022 No. 27 s 66\n(sec.406R-ssec.1) The commission may, on application, make an order exempting a person, contract, negotiated agreement or other matter from the operation of a contract determination, including, for example— a class of principal contractors or independent couriers; or a class of courier service contracts; or principal contractors or independent couriers in a particular locality.\n(sec.406R-ssec.2) The commission may make the order if satisfied the exemption is not contrary to the public interest.\n(sec.406R-ssec.3) An exemption has effect for the period, of not more than 3 years, stated in the exemption.\n(sec.406R-ssec.4) The commission may review, vary or revoke an exemption on application or on its own initiative.\n- (a) a class of principal contractors or independent couriers; or\n- (b) a class of courier service contracts; or\n- (c) principal contractors or independent couriers in a particular locality.","sortOrder":538},{"sectionNumber":"sec.406S","sectionType":"section","heading":"When contract determination operates","content":"### sec.406S When contract determination operates\n\nA contract determination starts operating on the day stated in the determination.\nThe stated day may be earlier than the day the contract determination is made but must not be earlier than the earliest of the following days—\nthe day the application for the determination was made;\nthe day the commission initiated the proceeding for the determination;\nthe day the commission was given notice of the dispute giving rise to the determination.\nA contract determination continues in operation until—\nthe determination is replaced by another contract determination; or\nif the determination states a day it stops operating—the stated day; or\nthe determination is revoked under section 406T .\ns 406S ins 2022 No. 27 s 66\n(sec.406S-ssec.1) A contract determination starts operating on the day stated in the determination.\n(sec.406S-ssec.2) The stated day may be earlier than the day the contract determination is made but must not be earlier than the earliest of the following days— the day the application for the determination was made; the day the commission initiated the proceeding for the determination; the day the commission was given notice of the dispute giving rise to the determination.\n(sec.406S-ssec.3) A contract determination continues in operation until— the determination is replaced by another contract determination; or if the determination states a day it stops operating—the stated day; or the determination is revoked under section 406T .\n- (a) the day the application for the determination was made;\n- (b) the day the commission initiated the proceeding for the determination;\n- (c) the day the commission was given notice of the dispute giving rise to the determination.\n- (a) the determination is replaced by another contract determination; or\n- (b) if the determination states a day it stops operating—the stated day; or\n- (c) the determination is revoked under section 406T .","sortOrder":539},{"sectionNumber":"sec.406T","sectionType":"section","heading":"Commission’s power to revoke contract determination","content":"### sec.406T Commission’s power to revoke contract determination\n\nTo provide for fair and just remuneration and working conditions for independent couriers, the commission may make an order revoking a contract determination.\nHowever, the commission must not make the order unless satisfied no independent couriers will be adversely affected by the revocation of the contract determination.\nThe commission may make the order—\non its own initiative; or\non the application of—\nan organisation or federal organisation that represents, or is entitled to represent, the industrial interests of a person covered by the contract determination; or\na principal contractor covered by the contract determination; or\non a review of the contract determination under section 406U .\ns 406T ins 2022 No. 27 s 66\n(sec.406T-ssec.1) To provide for fair and just remuneration and working conditions for independent couriers, the commission may make an order revoking a contract determination.\n(sec.406T-ssec.2) However, the commission must not make the order unless satisfied no independent couriers will be adversely affected by the revocation of the contract determination.\n(sec.406T-ssec.3) The commission may make the order— on its own initiative; or on the application of— an organisation or federal organisation that represents, or is entitled to represent, the industrial interests of a person covered by the contract determination; or a principal contractor covered by the contract determination; or on a review of the contract determination under section 406U .\n- (a) on its own initiative; or\n- (b) on the application of— (i) an organisation or federal organisation that represents, or is entitled to represent, the industrial interests of a person covered by the contract determination; or (ii) a principal contractor covered by the contract determination; or\n- (i) an organisation or federal organisation that represents, or is entitled to represent, the industrial interests of a person covered by the contract determination; or\n- (ii) a principal contractor covered by the contract determination; or\n- (c) on a review of the contract determination under section 406U .\n- (i) an organisation or federal organisation that represents, or is entitled to represent, the industrial interests of a person covered by the contract determination; or\n- (ii) a principal contractor covered by the contract determination; or","sortOrder":540},{"sectionNumber":"sec.406U","sectionType":"section","heading":"Commission’s power to review contract determination","content":"### sec.406U Commission’s power to review contract determination\n\nThe commission may review a contract determination—\non its own initiative; or\non the application of—\na person the determination applies to; or\nan organisation or federal organisation that represents, or is entitled to represent, a person the determination applies to.\nAn application mentioned in subsection (1) (b) may include a request to vary a provision of the contract determination about remuneration or working conditions.\ns 406U ins 2022 No. 27 s 66\n(sec.406U-ssec.1) The commission may review a contract determination— on its own initiative; or on the application of— a person the determination applies to; or an organisation or federal organisation that represents, or is entitled to represent, a person the determination applies to.\n(sec.406U-ssec.2) An application mentioned in subsection (1) (b) may include a request to vary a provision of the contract determination about remuneration or working conditions.\n- (a) on its own initiative; or\n- (b) on the application of— (i) a person the determination applies to; or (ii) an organisation or federal organisation that represents, or is entitled to represent, a person the determination applies to.\n- (i) a person the determination applies to; or\n- (ii) an organisation or federal organisation that represents, or is entitled to represent, a person the determination applies to.\n- (i) a person the determination applies to; or\n- (ii) an organisation or federal organisation that represents, or is entitled to represent, a person the determination applies to.","sortOrder":541},{"sectionNumber":"ch.10A-pt.4","sectionType":"part","heading":"Negotiated agreements","content":"# Negotiated agreements","sortOrder":542},{"sectionNumber":"ch.10A-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":543},{"sectionNumber":"sec.406V","sectionType":"section","heading":"What is a negotiated agreement","content":"### sec.406V What is a negotiated agreement\n\nA negotiated agreement is a written agreement—\nabout the remuneration and working conditions of independent couriers engaged by a principal contractor in relation to a class of courier service contracts; and\nthat has been certified under division 3 .\nA negotiated agreement for a class of courier service contracts is made between—\na party or parties representing 1 or more principal contractors under the class of courier service contracts, as mentioned in subsection (3) ; and\na party or parties representing independent couriers engaged under the class of courier service contracts, as mentioned in subsection (4) .\nFor subsection (2) (a) , the party or parties are—\n1 principal contractor; or\n2 or more principal contractors, collectively taken to be 1 party to the negotiated agreement, who—\nare related bodies corporate within the meaning of the Corporations Act ; or\nare engaged in a joint venture or common enterprise; or\nundertake similar work; or\nan employer organisation or federal organisation of employers that represents, or is entitled to represent, 1 or more principal contractors.\nFor subsection (2) (b) , the party or parties are—\n1 or more employee organisations that represent, or are entitled to represent, the independent couriers who are, or are eligible to be, members of the organisation; or\na group of the independent couriers at the time the agreement is made, whether all or a category of the independent couriers, who are collectively taken to be 1 party to the negotiated agreement.\ns 406V ins 2022 No. 27 s 66\n(sec.406V-ssec.1) A negotiated agreement is a written agreement— about the remuneration and working conditions of independent couriers engaged by a principal contractor in relation to a class of courier service contracts; and that has been certified under division 3 .\n(sec.406V-ssec.2) A negotiated agreement for a class of courier service contracts is made between— a party or parties representing 1 or more principal contractors under the class of courier service contracts, as mentioned in subsection (3) ; and a party or parties representing independent couriers engaged under the class of courier service contracts, as mentioned in subsection (4) .\n(sec.406V-ssec.3) For subsection (2) (a) , the party or parties are— 1 principal contractor; or 2 or more principal contractors, collectively taken to be 1 party to the negotiated agreement, who— are related bodies corporate within the meaning of the Corporations Act ; or are engaged in a joint venture or common enterprise; or undertake similar work; or an employer organisation or federal organisation of employers that represents, or is entitled to represent, 1 or more principal contractors.\n(sec.406V-ssec.4) For subsection (2) (b) , the party or parties are— 1 or more employee organisations that represent, or are entitled to represent, the independent couriers who are, or are eligible to be, members of the organisation; or a group of the independent couriers at the time the agreement is made, whether all or a category of the independent couriers, who are collectively taken to be 1 party to the negotiated agreement.\n- (a) about the remuneration and working conditions of independent couriers engaged by a principal contractor in relation to a class of courier service contracts; and\n- (b) that has been certified under division 3 .\n- (a) a party or parties representing 1 or more principal contractors under the class of courier service contracts, as mentioned in subsection (3) ; and\n- (b) a party or parties representing independent couriers engaged under the class of courier service contracts, as mentioned in subsection (4) .\n- (a) 1 principal contractor; or\n- (b) 2 or more principal contractors, collectively taken to be 1 party to the negotiated agreement, who— (i) are related bodies corporate within the meaning of the Corporations Act ; or (ii) are engaged in a joint venture or common enterprise; or (iii) undertake similar work; or\n- (i) are related bodies corporate within the meaning of the Corporations Act ; or\n- (ii) are engaged in a joint venture or common enterprise; or\n- (iii) undertake similar work; or\n- (c) an employer organisation or federal organisation of employers that represents, or is entitled to represent, 1 or more principal contractors.\n- (i) are related bodies corporate within the meaning of the Corporations Act ; or\n- (ii) are engaged in a joint venture or common enterprise; or\n- (iii) undertake similar work; or\n- (a) 1 or more employee organisations that represent, or are entitled to represent, the independent couriers who are, or are eligible to be, members of the organisation; or\n- (b) a group of the independent couriers at the time the agreement is made, whether all or a category of the independent couriers, who are collectively taken to be 1 party to the negotiated agreement.","sortOrder":544},{"sectionNumber":"ch.10A-pt.4-div.2","sectionType":"division","heading":"Negotiation process","content":"## Negotiation process","sortOrder":545},{"sectionNumber":"sec.406W","sectionType":"section","heading":"Notice of intention to negotiate","content":"### sec.406W Notice of intention to negotiate\n\nThis section applies if a person (the proposer ) proposes to negotiate with a view to a negotiated agreement being made.\nThe proposer must give each other proposed party to the negotiations a written notice of the proposer’s intention to start negotiating.\nWithout limiting subsection (2) , a principal contractor who proposes to negotiate with a group of independent couriers must give the notice to each relevant employee organisation.\nA relevant employee organisation , in relation to a proposed negotiated agreement, is each employee organisation or federal organisation of employees that—\nis to be covered by the proposed agreement; or\nis entitled to represent the industrial interests of independent couriers who are to be covered by the proposed agreement.\nThe notice must be given at least 14 days before the negotiations are proposed to start.\nIf an existing negotiated agreement applies to the parties, the notice must not be given more than 6 months before the nominal expiry date of the existing agreement.\ns 406W ins 2022 No. 27 s 66\n(sec.406W-ssec.1) This section applies if a person (the proposer ) proposes to negotiate with a view to a negotiated agreement being made.\n(sec.406W-ssec.2) The proposer must give each other proposed party to the negotiations a written notice of the proposer’s intention to start negotiating.\n(sec.406W-ssec.3) Without limiting subsection (2) , a principal contractor who proposes to negotiate with a group of independent couriers must give the notice to each relevant employee organisation.\n(sec.406W-ssec.4) A relevant employee organisation , in relation to a proposed negotiated agreement, is each employee organisation or federal organisation of employees that— is to be covered by the proposed agreement; or is entitled to represent the industrial interests of independent couriers who are to be covered by the proposed agreement.\n(sec.406W-ssec.5) The notice must be given at least 14 days before the negotiations are proposed to start.\n(sec.406W-ssec.6) If an existing negotiated agreement applies to the parties, the notice must not be given more than 6 months before the nominal expiry date of the existing agreement.\n- (a) is to be covered by the proposed agreement; or\n- (b) is entitled to represent the industrial interests of independent couriers who are to be covered by the proposed agreement.","sortOrder":546},{"sectionNumber":"sec.406X","sectionType":"section","heading":"Notice of intention to be party to negotiations","content":"### sec.406X Notice of intention to be party to negotiations\n\nThis section applies if—\na person (the proposer ) gives notice under section 406W of the proposer’s intention to start negotiating with a view to making negotiated agreement; and\na person who receives the notice wants to be a party to the negotiations.\nThe person must give written notice of the person’s intention to be a party to the negotiations to—\nthe proposer; and\nthe commission.\nA notice under subsection (2) must be given within 21 days after the person receives the proposer’s notice under section 406W .\nAn agreement proposed to be a negotiated agreement may only be made during the period mentioned in subsection (3) if notice of intention to be a party to the negotiations has been given under subsection (2) by—\neach proposed party to the negotiations; and\neach relevant employee organisation for the proposed agreement.\ns 406X ins 2022 No. 27 s 66\n(sec.406X-ssec.1) This section applies if— a person (the proposer ) gives notice under section 406W of the proposer’s intention to start negotiating with a view to making negotiated agreement; and a person who receives the notice wants to be a party to the negotiations.\n(sec.406X-ssec.2) The person must give written notice of the person’s intention to be a party to the negotiations to— the proposer; and the commission.\n(sec.406X-ssec.3) A notice under subsection (2) must be given within 21 days after the person receives the proposer’s notice under section 406W .\n(sec.406X-ssec.4) An agreement proposed to be a negotiated agreement may only be made during the period mentioned in subsection (3) if notice of intention to be a party to the negotiations has been given under subsection (2) by— each proposed party to the negotiations; and each relevant employee organisation for the proposed agreement.\n- (a) a person (the proposer ) gives notice under section 406W of the proposer’s intention to start negotiating with a view to making negotiated agreement; and\n- (b) a person who receives the notice wants to be a party to the negotiations.\n- (a) the proposer; and\n- (b) the commission.\n- (a) each proposed party to the negotiations; and\n- (b) each relevant employee organisation for the proposed agreement.","sortOrder":547},{"sectionNumber":"sec.406Y","sectionType":"section","heading":"Proposed negotiated agreement to be given to independent couriers for approval","content":"### sec.406Y Proposed negotiated agreement to be given to independent couriers for approval\n\nThis section applies if, during negotiations under this part, the negotiating parties propose to make a negotiated agreement.\nThe principal contractor must take reasonable steps to ensure that, at least 14 days before the day the independent couriers who are to be covered by the proposed negotiated agreement are asked to approve the proposed agreement—\neach independent courier has, or has ready access to, a copy of the proposed agreement; and\nthe terms of the proposed agreement are explained to each independent courier; and\nfor an agreement with a group of independent couriers—each independent courier is informed that the independent courier may be represented in the negotiations by a relevant employee organisation.\nThe principal contractor must not ask the independent couriers to approve the proposed negotiated agreement until 21 days after the later of the following—\nthe day notice of intention to start the negotiations was given under section 406W ;\nthe day a scope order in relation to the proposed negotiated agreement came into effect.\nIf an independent courier is represented in the negotiations by a relevant employee organisation, the principal contractor must give the organisation a reasonable opportunity to represent the independent courier in the negotiations before the proposed negotiated agreement is made.\nSubsection (4) stops applying if—\nthe independent courier stops being represented by the relevant employee organisation; or\nthe independent courier stops being an independent courier who will be covered by the proposed negotiated agreement.\nIf the proposed negotiated agreement is amended, the steps in subsections (2) and (3) must be taken again for the proposed agreement as amended.\nHowever, subsection (6) does not apply if the commission is satisfied the amendment was only—\nfor a formal or clerical reason; or\nin another way that does not adversely affect an independent courier’s interests.\ns 406Y ins 2022 No. 27 s 66\n(sec.406Y-ssec.1) This section applies if, during negotiations under this part, the negotiating parties propose to make a negotiated agreement.\n(sec.406Y-ssec.2) The principal contractor must take reasonable steps to ensure that, at least 14 days before the day the independent couriers who are to be covered by the proposed negotiated agreement are asked to approve the proposed agreement— each independent courier has, or has ready access to, a copy of the proposed agreement; and the terms of the proposed agreement are explained to each independent courier; and for an agreement with a group of independent couriers—each independent courier is informed that the independent courier may be represented in the negotiations by a relevant employee organisation.\n(sec.406Y-ssec.3) The principal contractor must not ask the independent couriers to approve the proposed negotiated agreement until 21 days after the later of the following— the day notice of intention to start the negotiations was given under section 406W ; the day a scope order in relation to the proposed negotiated agreement came into effect.\n(sec.406Y-ssec.4) If an independent courier is represented in the negotiations by a relevant employee organisation, the principal contractor must give the organisation a reasonable opportunity to represent the independent courier in the negotiations before the proposed negotiated agreement is made.\n(sec.406Y-ssec.5) Subsection (4) stops applying if— the independent courier stops being represented by the relevant employee organisation; or the independent courier stops being an independent courier who will be covered by the proposed negotiated agreement.\n(sec.406Y-ssec.6) If the proposed negotiated agreement is amended, the steps in subsections (2) and (3) must be taken again for the proposed agreement as amended.\n(sec.406Y-ssec.7) However, subsection (6) does not apply if the commission is satisfied the amendment was only— for a formal or clerical reason; or in another way that does not adversely affect an independent courier’s interests.\n- (a) each independent courier has, or has ready access to, a copy of the proposed agreement; and\n- (b) the terms of the proposed agreement are explained to each independent courier; and\n- (c) for an agreement with a group of independent couriers—each independent courier is informed that the independent courier may be represented in the negotiations by a relevant employee organisation.\n- (a) the day notice of intention to start the negotiations was given under section 406W ;\n- (b) the day a scope order in relation to the proposed negotiated agreement came into effect.\n- (a) the independent courier stops being represented by the relevant employee organisation; or\n- (b) the independent courier stops being an independent courier who will be covered by the proposed negotiated agreement.\n- (a) for a formal or clerical reason; or\n- (b) in another way that does not adversely affect an independent courier’s interests.","sortOrder":548},{"sectionNumber":"sec.406Z","sectionType":"section","heading":"Parties must negotiate in good faith","content":"### sec.406Z Parties must negotiate in good faith\n\nThe negotiating parties must negotiate in good faith.\nWithout limiting subsection (1) , each party must do the following things—\nattend and participate in negotiating meetings;\ndisclose relevant information, other than confidential or commercially sensitive information, in a timely way;\ngenuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response;\nnot engage in capricious or unfair conduct that undermines freedom of association or the negotiating process.\nWithout limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of the negotiations, information relevant to the gender pay gap under the proposed negotiated agreement, including—\nthe distribution of the independent couriers by gender; and\ndetails of the gender pay gap; and\nany major factors identified as contributing to the gender pay gap; and\nif appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and\nother information relevant to the gender pay gap reasonably requested by another party to the negotiations; and\nother information relevant to the gender pay gap prescribed by regulation.\nFor subsection (3) , the gender pay gap under the proposed negotiated agreement is the difference between the average weekly full-time equivalent earnings of male independent couriers and female independent couriers covered by the proposed negotiated agreement.\nSubject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the negotiations.\ns 406Z ins 2022 No. 27 s 66\n(sec.406Z-ssec.1) The negotiating parties must negotiate in good faith.\n(sec.406Z-ssec.2) Without limiting subsection (1) , each party must do the following things— attend and participate in negotiating meetings; disclose relevant information, other than confidential or commercially sensitive information, in a timely way; genuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response; not engage in capricious or unfair conduct that undermines freedom of association or the negotiating process.\n(sec.406Z-ssec.3) Without limiting subsection (2) (b) , the parties must obtain, and disclose as soon as practicable after the start of the negotiations, information relevant to the gender pay gap under the proposed negotiated agreement, including— the distribution of the independent couriers by gender; and details of the gender pay gap; and any major factors identified as contributing to the gender pay gap; and if appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and other information relevant to the gender pay gap prescribed by regulation.\n(sec.406Z-ssec.4) For subsection (3) , the gender pay gap under the proposed negotiated agreement is the difference between the average weekly full-time equivalent earnings of male independent couriers and female independent couriers covered by the proposed negotiated agreement.\n(sec.406Z-ssec.5) Subject to subsections (1) and (2) , the negotiating parties may make an agreement about procedures or principles for the conduct of the negotiations.\n- (a) attend and participate in negotiating meetings;\n- (b) disclose relevant information, other than confidential or commercially sensitive information, in a timely way;\n- (c) genuinely consider proposals made by other parties, respond in a timely way and give reasons for the party’s response;\n- (d) not engage in capricious or unfair conduct that undermines freedom of association or the negotiating process.\n- (a) the distribution of the independent couriers by gender; and\n- (b) details of the gender pay gap; and\n- (c) any major factors identified as contributing to the gender pay gap; and\n- (d) if appropriate, the projected effect of the proposed negotiated agreement on the gender pay gap; and\n- (e) other information relevant to the gender pay gap reasonably requested by another party to the negotiations; and\n- (f) other information relevant to the gender pay gap prescribed by regulation.","sortOrder":549},{"sectionNumber":"sec.406ZA","sectionType":"section","heading":"Conciliation and arbitration by commission","content":"### sec.406ZA Conciliation and arbitration by commission\n\nA negotiating party may ask the commission to help the parties reach agreement.\nThe commission has jurisdiction to—\nconciliate the matter to help the negotiating parties reach agreement on all matters or as many matters as possible; and\ndetermine, by arbitration, matters in dispute following conciliation.\nChapter 4 , part 3 —\nis an applied provision for this section; and\nSee section 406ZZF about interpreting an applied provision.\nwithout limiting section 406ZZF , applies for this section as if the reference in section 180 (3) (a) to a proposed bargaining instrument the subject of a part 5 application were a reference to the proposed negotiated agreement for the certification application.\nIf the commission makes an arbitration determination under chapter 4 , part 3 , the determination is taken to be a negotiated agreement certified by the commission under division 3 .\ns 406ZA ins 2022 No. 27 s 66\n(sec.406ZA-ssec.1) A negotiating party may ask the commission to help the parties reach agreement.\n(sec.406ZA-ssec.2) The commission has jurisdiction to— conciliate the matter to help the negotiating parties reach agreement on all matters or as many matters as possible; and determine, by arbitration, matters in dispute following conciliation.\n(sec.406ZA-ssec.3) Chapter 4 , part 3 — is an applied provision for this section; and See section 406ZZF about interpreting an applied provision. without limiting section 406ZZF , applies for this section as if the reference in section 180 (3) (a) to a proposed bargaining instrument the subject of a part 5 application were a reference to the proposed negotiated agreement for the certification application.\n(sec.406ZA-ssec.4) If the commission makes an arbitration determination under chapter 4 , part 3 , the determination is taken to be a negotiated agreement certified by the commission under division 3 .\n- (a) conciliate the matter to help the negotiating parties reach agreement on all matters or as many matters as possible; and\n- (b) determine, by arbitration, matters in dispute following conciliation.\n- (a) is an applied provision for this section; and Note— See section 406ZZF about interpreting an applied provision.\n- (b) without limiting section 406ZZF , applies for this section as if the reference in section 180 (3) (a) to a proposed bargaining instrument the subject of a part 5 application were a reference to the proposed negotiated agreement for the certification application.","sortOrder":550},{"sectionNumber":"sec.406ZB","sectionType":"section","heading":"Scope orders","content":"### sec.406ZB Scope orders\n\nA negotiating party may apply to the commission for an order providing for the matters mentioned in subsection (2) in relation to a proposed negotiated agreement (a scope order ) if the negotiating party has concerns the proposed negotiated agreement—\nwill not cover appropriate independent couriers; or\nwill cover independent couriers whom it is inappropriate for the agreement to cover.\nA scope order in relation to a proposed negotiated agreement must state—\nthe principal contractor, or principal contractors, to be covered by the agreement; and\nthe independent couriers to be covered by the agreement; and\nthe organisations or federal organisations to be parties to the agreement.\nChapter 4 , part 4 (other than sections 184 (1) and 186 )—\nis an applied provision for this section; and\nSee section 406ZZF about interpreting an applied provision.\nwithout limiting section 406ZZF , applies for this section as if the application referred to in section 184 (2) were the application under subsection (1) .\ns 406ZB ins 2022 No. 27 s 66\n(sec.406ZB-ssec.1) A negotiating party may apply to the commission for an order providing for the matters mentioned in subsection (2) in relation to a proposed negotiated agreement (a scope order ) if the negotiating party has concerns the proposed negotiated agreement— will not cover appropriate independent couriers; or will cover independent couriers whom it is inappropriate for the agreement to cover.\n(sec.406ZB-ssec.2) A scope order in relation to a proposed negotiated agreement must state— the principal contractor, or principal contractors, to be covered by the agreement; and the independent couriers to be covered by the agreement; and the organisations or federal organisations to be parties to the agreement.\n(sec.406ZB-ssec.3) Chapter 4 , part 4 (other than sections 184 (1) and 186 )— is an applied provision for this section; and See section 406ZZF about interpreting an applied provision. without limiting section 406ZZF , applies for this section as if the application referred to in section 184 (2) were the application under subsection (1) .\n- (a) will not cover appropriate independent couriers; or\n- (b) will cover independent couriers whom it is inappropriate for the agreement to cover.\n- (a) the principal contractor, or principal contractors, to be covered by the agreement; and\n- (b) the independent couriers to be covered by the agreement; and\n- (c) the organisations or federal organisations to be parties to the agreement.\n- (a) is an applied provision for this section; and Note— See section 406ZZF about interpreting an applied provision.\n- (b) without limiting section 406ZZF , applies for this section as if the application referred to in section 184 (2) were the application under subsection (1) .","sortOrder":551},{"sectionNumber":"ch.10A-pt.4-div.3","sectionType":"division","heading":"Certifying negotiated agreements","content":"## Certifying negotiated agreements","sortOrder":552},{"sectionNumber":"sec.406ZC","sectionType":"section","heading":"Application for certification of negotiated agreement","content":"### sec.406ZC Application for certification of negotiated agreement\n\nA party to an agreement proposed to be a negotiated agreement may apply to the commission to certify the agreement.\nThe application must be made within 21 days after—\nthe day the agreement is signed by or for all of the parties; or\nthe day the agreement was approved by the independent couriers who will be covered by the agreement as required under section 406ZH .\ns 406ZC ins 2022 No. 27 s 66\n(sec.406ZC-ssec.1) A party to an agreement proposed to be a negotiated agreement may apply to the commission to certify the agreement.\n(sec.406ZC-ssec.2) The application must be made within 21 days after— the day the agreement is signed by or for all of the parties; or the day the agreement was approved by the independent couriers who will be covered by the agreement as required under section 406ZH .\n- (a) the day the agreement is signed by or for all of the parties; or\n- (b) the day the agreement was approved by the independent couriers who will be covered by the agreement as required under section 406ZH .","sortOrder":553},{"sectionNumber":"sec.406ZD","sectionType":"section","heading":"Notice of hearing","content":"### sec.406ZD Notice of hearing\n\nThe registrar must, at least 7 days before a certification application will be heard, place a notice in the registry stating details of—\nthe names of the parties to the agreement proposed to be a negotiated agreement; and\na relevant contract determination for the proposed negotiated agreement; and\nthe hearing date.\nA relevant contract determination for a proposed negotiated agreement is a contract determination that—\nregulates any working conditions of the independent couriers engaged in the same kind of work as the work performed by the independent couriers to be covered by the proposed agreement; and\nimmediately before the day the proposed agreement is certified, covers a principal contractor who engages independent couriers mentioned in paragraph (a) .\ns 406ZD ins 2022 No. 27 s 66\n(sec.406ZD-ssec.1) The registrar must, at least 7 days before a certification application will be heard, place a notice in the registry stating details of— the names of the parties to the agreement proposed to be a negotiated agreement; and a relevant contract determination for the proposed negotiated agreement; and the hearing date.\n(sec.406ZD-ssec.2) A relevant contract determination for a proposed negotiated agreement is a contract determination that— regulates any working conditions of the independent couriers engaged in the same kind of work as the work performed by the independent couriers to be covered by the proposed agreement; and immediately before the day the proposed agreement is certified, covers a principal contractor who engages independent couriers mentioned in paragraph (a) .\n- (a) the names of the parties to the agreement proposed to be a negotiated agreement; and\n- (b) a relevant contract determination for the proposed negotiated agreement; and\n- (c) the hearing date.\n- (a) regulates any working conditions of the independent couriers engaged in the same kind of work as the work performed by the independent couriers to be covered by the proposed agreement; and\n- (b) immediately before the day the proposed agreement is certified, covers a principal contractor who engages independent couriers mentioned in paragraph (a) .","sortOrder":554},{"sectionNumber":"sec.406ZE","sectionType":"section","heading":"Entities that may be heard on application","content":"### sec.406ZE Entities that may be heard on application\n\nThe following are entitled to be heard on a certification application—\na person who will be covered by the proposed negotiated agreement;\nan organisation or federal organisation that will be a party to the proposed agreement.\nAnother organisation or federal organisation may be heard only with the leave of the commission.\nThe commission may give leave under subsection (2) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to deciding the application.\nThis section does not affect another right of an organisation, federal organisation or another person to be heard on, or to intervene in, the application.\ns 406ZE ins 2022 No. 27 s 66\n(sec.406ZE-ssec.1) The following are entitled to be heard on a certification application— a person who will be covered by the proposed negotiated agreement; an organisation or federal organisation that will be a party to the proposed agreement.\n(sec.406ZE-ssec.2) Another organisation or federal organisation may be heard only with the leave of the commission.\n(sec.406ZE-ssec.3) The commission may give leave under subsection (2) only if the commission is satisfied there is a reasonable possibility that, if leave is not given, the commission will not be informed of an issue relevant to deciding the application.\n(sec.406ZE-ssec.4) This section does not affect another right of an organisation, federal organisation or another person to be heard on, or to intervene in, the application.\n- (a) a person who will be covered by the proposed negotiated agreement;\n- (b) an organisation or federal organisation that will be a party to the proposed agreement.","sortOrder":555},{"sectionNumber":"sec.406ZF","sectionType":"section","heading":"Requirements for commission’s decision","content":"### sec.406ZF Requirements for commission’s decision\n\nThe commission must grant a certification application if—\neach requirement under section 406ZG is satisfied for the application; and\nthe commission is not required to refuse to grant the application under section 406ZL , 406ZM or 406ZN .\nIf subsection (1) does not apply, the commission must refuse to grant the certification application.\nBefore refusing to grant the certification application, the commission must give persons who will be covered by the proposed negotiated agreement an opportunity to take action that may be necessary to enable the commission to grant the application.\nThe commission may conciliate an industrial matter concerned with a view to helping the persons take the action necessary to enable the commission to grant the application.\ns 406ZF ins 2022 No. 27 s 66\n(sec.406ZF-ssec.1) The commission must grant a certification application if— each requirement under section 406ZG is satisfied for the application; and the commission is not required to refuse to grant the application under section 406ZL , 406ZM or 406ZN .\n(sec.406ZF-ssec.2) If subsection (1) does not apply, the commission must refuse to grant the certification application.\n(sec.406ZF-ssec.3) Before refusing to grant the certification application, the commission must give persons who will be covered by the proposed negotiated agreement an opportunity to take action that may be necessary to enable the commission to grant the application.\n(sec.406ZF-ssec.4) The commission may conciliate an industrial matter concerned with a view to helping the persons take the action necessary to enable the commission to grant the application.\n- (a) each requirement under section 406ZG is satisfied for the application; and\n- (b) the commission is not required to refuse to grant the application under section 406ZL , 406ZM or 406ZN .","sortOrder":556},{"sectionNumber":"sec.406ZG","sectionType":"section","heading":"Requirements for granting application","content":"### sec.406ZG Requirements for granting application\n\nThe commission must be satisfied about the following matters in relation to the proposed negotiated agreement—\nnotice of intention to start negotiating the agreement was given under section 406W ;\nthe principal contractor took the reasonable steps required under section 406Y ;\nthe principal contractor did not coerce, or attempt to coerce, an independent courier not to be represented, or to stop being represented, by a relevant employee organisation as mentioned in section 406Y (2) (c) ;\nthe agreement is agreed by parties as required under section 406ZH ;\nthe agreement states—\nthe parties to the agreement; and\nfor an agreement to which a group of independent couriers is a party—the name of each member of the group; and\nthe class of courier service contracts to which the agreement relates; and\na nominal expiry date that is no later than 4 years after the day the agreement will come into operation;\nthe agreement passes the no-disadvantage test under section 406ZI ;\nthe agreement passes the equal remuneration test under section 406ZK ;\nsubject to subsection (2) , each relevant employee organisation is a party to the agreement;\nif a scope order in relation to the agreement is in effect—the agreement is not inconsistent with the scope order;\nthe agreement is stated in plain English and its structure and content is easy to understand.\nSubsection (1) (h) does not apply in relation to a relevant employee organisation if the commission is satisfied the organisation—\nhas been given the opportunity to be a party to the proposed negotiated agreement, but does not want to be a party; or\nhas no members who are to be covered by the proposed negotiated agreement.\ns 406ZG ins 2022 No. 27 s 66\n(sec.406ZG-ssec.1) The commission must be satisfied about the following matters in relation to the proposed negotiated agreement— notice of intention to start negotiating the agreement was given under section 406W ; the principal contractor took the reasonable steps required under section 406Y ; the principal contractor did not coerce, or attempt to coerce, an independent courier not to be represented, or to stop being represented, by a relevant employee organisation as mentioned in section 406Y (2) (c) ; the agreement is agreed by parties as required under section 406ZH ; the agreement states— the parties to the agreement; and for an agreement to which a group of independent couriers is a party—the name of each member of the group; and the class of courier service contracts to which the agreement relates; and a nominal expiry date that is no later than 4 years after the day the agreement will come into operation; the agreement passes the no-disadvantage test under section 406ZI ; the agreement passes the equal remuneration test under section 406ZK ; subject to subsection (2) , each relevant employee organisation is a party to the agreement; if a scope order in relation to the agreement is in effect—the agreement is not inconsistent with the scope order; the agreement is stated in plain English and its structure and content is easy to understand.\n(sec.406ZG-ssec.2) Subsection (1) (h) does not apply in relation to a relevant employee organisation if the commission is satisfied the organisation— has been given the opportunity to be a party to the proposed negotiated agreement, but does not want to be a party; or has no members who are to be covered by the proposed negotiated agreement.\n- (a) notice of intention to start negotiating the agreement was given under section 406W ;\n- (b) the principal contractor took the reasonable steps required under section 406Y ;\n- (c) the principal contractor did not coerce, or attempt to coerce, an independent courier not to be represented, or to stop being represented, by a relevant employee organisation as mentioned in section 406Y (2) (c) ;\n- (d) the agreement is agreed by parties as required under section 406ZH ;\n- (e) the agreement states— (i) the parties to the agreement; and (ii) for an agreement to which a group of independent couriers is a party—the name of each member of the group; and (iii) the class of courier service contracts to which the agreement relates; and (iv) a nominal expiry date that is no later than 4 years after the day the agreement will come into operation;\n- (i) the parties to the agreement; and\n- (ii) for an agreement to which a group of independent couriers is a party—the name of each member of the group; and\n- (iii) the class of courier service contracts to which the agreement relates; and\n- (iv) a nominal expiry date that is no later than 4 years after the day the agreement will come into operation;\n- (f) the agreement passes the no-disadvantage test under section 406ZI ;\n- (g) the agreement passes the equal remuneration test under section 406ZK ;\n- (h) subject to subsection (2) , each relevant employee organisation is a party to the agreement;\n- (i) if a scope order in relation to the agreement is in effect—the agreement is not inconsistent with the scope order;\n- (j) the agreement is stated in plain English and its structure and content is easy to understand.\n- (i) the parties to the agreement; and\n- (ii) for an agreement to which a group of independent couriers is a party—the name of each member of the group; and\n- (iii) the class of courier service contracts to which the agreement relates; and\n- (iv) a nominal expiry date that is no later than 4 years after the day the agreement will come into operation;\n- (a) has been given the opportunity to be a party to the proposed negotiated agreement, but does not want to be a party; or\n- (b) has no members who are to be covered by the proposed negotiated agreement.","sortOrder":557},{"sectionNumber":"sec.406ZH","sectionType":"section","heading":"Proposed negotiated agreement agreed by all parties","content":"### sec.406ZH Proposed negotiated agreement agreed by all parties\n\nAn agreement that is proposed to be a negotiated agreement is agreed by all of the parties if—\nthe agreement is signed by or for all of the parties; or\nthe commission is satisfied all parties have agreed on the terms of the agreement and the agreement was approved by—\nfor an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or\notherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.\nIn deciding whether all parties have agreed on the terms of the agreement, the commission may consider—\nwhether the parties negotiated in good faith as required under section 406Z ; and\nany other evidence supporting or not supporting the alleged agreement.\ns 406ZH ins 2022 No. 27 s 66\n(sec.406ZH-ssec.1) An agreement that is proposed to be a negotiated agreement is agreed by all of the parties if— the agreement is signed by or for all of the parties; or the commission is satisfied all parties have agreed on the terms of the agreement and the agreement was approved by— for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or otherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.\n(sec.406ZH-ssec.2) In deciding whether all parties have agreed on the terms of the agreement, the commission may consider— whether the parties negotiated in good faith as required under section 406Z ; and any other evidence supporting or not supporting the alleged agreement.\n- (a) the agreement is signed by or for all of the parties; or\n- (b) the commission is satisfied all parties have agreed on the terms of the agreement and the agreement was approved by— (i) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or (ii) otherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.\n- (i) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or\n- (ii) otherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.\n- (i) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers who will be covered by the agreement in a secret ballot; or\n- (ii) otherwise—a valid majority of the independent couriers who will be covered by the agreement in a properly conducted ballot.\n- (a) whether the parties negotiated in good faith as required under section 406Z ; and\n- (b) any other evidence supporting or not supporting the alleged agreement.","sortOrder":558},{"sectionNumber":"sec.406ZI","sectionType":"section","heading":"No-disadvantage test","content":"### sec.406ZI No-disadvantage test\n\nThe commission must be satisfied the proposed negotiated agreement does not disadvantage independent couriers in relation to their working conditions.\nThe agreement disadvantages independent couriers only if the commission considers the agreement would result in—\na reduction in the independent couriers’ entitlements and protections under—\na relevant contract determination; or\na contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\nremuneration and working conditions that—\nare not fair and just; or\nare less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\nSee section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument.\nSubsection (2) does not apply if the commission considers that, in the context of the remuneration and working conditions as a whole, the reduction or less favourable conditions are not against the public interest.\nIf the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed negotiated agreement with—\na relevant contract determination; or\na contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\nthe remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\ns 406ZI ins 2022 No. 27 s 66\n(sec.406ZI-ssec.1) The commission must be satisfied the proposed negotiated agreement does not disadvantage independent couriers in relation to their working conditions.\n(sec.406ZI-ssec.2) The agreement disadvantages independent couriers only if the commission considers the agreement would result in— a reduction in the independent couriers’ entitlements and protections under— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or remuneration and working conditions that— are not fair and just; or are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. See section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument.\n(sec.406ZI-ssec.3) Subsection (2) does not apply if the commission considers that, in the context of the remuneration and working conditions as a whole, the reduction or less favourable conditions are not against the public interest.\n(sec.406ZI-ssec.4) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed negotiated agreement with— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\n- (a) a reduction in the independent couriers’ entitlements and protections under— (i) a relevant contract determination; or (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\n- (i) a relevant contract determination; or\n- (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\n- (b) remuneration and working conditions that— (i) are not fair and just; or (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\n- (i) are not fair and just; or\n- (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\n- (i) a relevant contract determination; or\n- (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\n- (i) are not fair and just; or\n- (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.\n- (a) a relevant contract determination; or\n- (b) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or\n- (c) the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.","sortOrder":559},{"sectionNumber":"sec.406ZJ","sectionType":"section","heading":"Deciding relevant contract determination","content":"### sec.406ZJ Deciding relevant contract determination\n\nThis section applies if—\na principal contractor, organisation or federal organisation proposes to make a negotiated agreement; and\nthere is no relevant contract determination for some or all of the independent couriers to whom the agreement will apply.\nThe principal contractor, organisation or federal organisation must apply to the commission for a decision under subsection (3) .\nOn application, the commission must decide that a contract determination that regulates the remuneration and working conditions of independent couriers engaged in similar work as the independent couriers under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test under section 406ZI .\ns 406ZJ ins 2022 No. 27 s 66\n(sec.406ZJ-ssec.1) This section applies if— a principal contractor, organisation or federal organisation proposes to make a negotiated agreement; and there is no relevant contract determination for some or all of the independent couriers to whom the agreement will apply.\n(sec.406ZJ-ssec.2) The principal contractor, organisation or federal organisation must apply to the commission for a decision under subsection (3) .\n(sec.406ZJ-ssec.3) On application, the commission must decide that a contract determination that regulates the remuneration and working conditions of independent couriers engaged in similar work as the independent couriers under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test under section 406ZI .\n- (a) a principal contractor, organisation or federal organisation proposes to make a negotiated agreement; and\n- (b) there is no relevant contract determination for some or all of the independent couriers to whom the agreement will apply.","sortOrder":560},{"sectionNumber":"sec.406ZK","sectionType":"section","heading":"Equal remuneration test","content":"### sec.406ZK Equal remuneration test\n\nThe commission must be satisfied, in relation to the independent couriers to be covered by the agreement—\na proposed negotiated agreement provides for equal remuneration for work of equal or comparable value; and\na principal contractor to whom the proposed negotiated agreement applies has implemented, is implementing or, if the agreement is certified, will implement equal remuneration for work of equal or comparable value.\ns 406ZK ins 2022 No. 27 s 66\n- (a) a proposed negotiated agreement provides for equal remuneration for work of equal or comparable value; and\n- (b) a principal contractor to whom the proposed negotiated agreement applies has implemented, is implementing or, if the agreement is certified, will implement equal remuneration for work of equal or comparable value.","sortOrder":561},{"sectionNumber":"sec.406ZL","sectionType":"section","heading":"Refusal to grant application—generally","content":"### sec.406ZL Refusal to grant application—generally\n\nThe commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers—\na provision of the agreement—\nis inconsistent with an equal remuneration order; or\nseeks to prohibit or restrict an application being made for an equal remuneration order; or\na provision of the agreement is an objectionable term; or\na provision of the agreement is discriminatory.\nFor subsection (1) (c) , a provision of the agreement is not discriminatory only because it provides for minimum remuneration for—\nall independent couriers under 21 years; or\nall independent couriers with disability; or\na class of independent couriers mentioned in paragraph (a) or (b) .\nThe commission has jurisdiction to make an equal remuneration order in relation to the agreement.\nChapter 5 , part 3 and chapter 8 , part 1 are applied provisions for this section.\nSee section 406ZZF about interpreting an applied provision.\nIn this section—\nequal remuneration order means an order made under chapter 5 , part 3 .\nobjectionable term means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting—\na contravention of chapter 8 , part 1 ; or\nthe payment of a bargaining services fee within the meaning of section 298 .\npermit includes require.\ns 406ZL ins 2022 No. 27 s 66\n(sec.406ZL-ssec.1) The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers— a provision of the agreement— is inconsistent with an equal remuneration order; or seeks to prohibit or restrict an application being made for an equal remuneration order; or a provision of the agreement is an objectionable term; or a provision of the agreement is discriminatory.\n(sec.406ZL-ssec.2) For subsection (1) (c) , a provision of the agreement is not discriminatory only because it provides for minimum remuneration for— all independent couriers under 21 years; or all independent couriers with disability; or a class of independent couriers mentioned in paragraph (a) or (b) .\n(sec.406ZL-ssec.3) The commission has jurisdiction to make an equal remuneration order in relation to the agreement.\n(sec.406ZL-ssec.4) Chapter 5 , part 3 and chapter 8 , part 1 are applied provisions for this section. See section 406ZZF about interpreting an applied provision.\n(sec.406ZL-ssec.5) In this section— equal remuneration order means an order made under chapter 5 , part 3 . objectionable term means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting— a contravention of chapter 8 , part 1 ; or the payment of a bargaining services fee within the meaning of section 298 . permit includes require.\n- (a) a provision of the agreement— (i) is inconsistent with an equal remuneration order; or (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or\n- (i) is inconsistent with an equal remuneration order; or\n- (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or\n- (b) a provision of the agreement is an objectionable term; or\n- (c) a provision of the agreement is discriminatory.\n- (i) is inconsistent with an equal remuneration order; or\n- (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or\n- (a) all independent couriers under 21 years; or\n- (b) all independent couriers with disability; or\n- (c) a class of independent couriers mentioned in paragraph (a) or (b) .\n- (a) a contravention of chapter 8 , part 1 ; or\n- (b) the payment of a bargaining services fee within the meaning of section 298 .","sortOrder":562},{"sectionNumber":"sec.406ZM","sectionType":"section","heading":"Refusal to grant application—contravention of industrial action provision","content":"### sec.406ZM Refusal to grant application—contravention of industrial action provision\n\nThe commission must refuse to grant a certification application if the commission is satisfied that, in connection with negotiations for the proposed negotiated agreement—\nthe principal contractor has contravened an industrial activity provision; or\nthe principal contractor has caused an entity to engage in conduct that, had the principal contractor engaged in the conduct, would be a contravention by the principal contractor of an industrial activity provision; or\nan entity has, for the principal contractor, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.\nSubsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.\nChapter 8 , part 1 , division 4 is an applied provision for this section.\nSee section 406ZZF about interpreting an applied provision.\nIn this section—\nindustrial activity provision means a provision of chapter 8 , part 1 , division 4 .\ns 406ZM ins 2022 No. 27 s 66\n(sec.406ZM-ssec.1) The commission must refuse to grant a certification application if the commission is satisfied that, in connection with negotiations for the proposed negotiated agreement— the principal contractor has contravened an industrial activity provision; or the principal contractor has caused an entity to engage in conduct that, had the principal contractor engaged in the conduct, would be a contravention by the principal contractor of an industrial activity provision; or an entity has, for the principal contractor, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.\n(sec.406ZM-ssec.2) Subsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.\n(sec.406ZM-ssec.3) Chapter 8 , part 1 , division 4 is an applied provision for this section. See section 406ZZF about interpreting an applied provision.\n(sec.406ZM-ssec.4) In this section— industrial activity provision means a provision of chapter 8 , part 1 , division 4 .\n- (a) the principal contractor has contravened an industrial activity provision; or\n- (b) the principal contractor has caused an entity to engage in conduct that, had the principal contractor engaged in the conduct, would be a contravention by the principal contractor of an industrial activity provision; or\n- (c) an entity has, for the principal contractor, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.","sortOrder":563},{"sectionNumber":"sec.406ZN","sectionType":"section","heading":"Refusal to grant application—independent couriers covered by proposed negotiated agreement","content":"### sec.406ZN Refusal to grant application—independent couriers covered by proposed negotiated agreement\n\nThe commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if—\nthe agreement applies only to a group or category of independent couriers engaged by a principal contractor; and\nthe commission considers—\nthe agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and\nit would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and\nit is unfair that the other independent couriers are not covered by the proposed negotiated agreement.\nFor subsection (1) (b) (ii) , in deciding whether it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement, the commission must consider—\nthe nature of the work performed by the other independent couriers; and\nthe geographical, organisational and operational relationship between the group or category and the other independent couriers.\ns 406ZN ins 2022 No. 27 s 66\n(sec.406ZN-ssec.1) The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if— the agreement applies only to a group or category of independent couriers engaged by a principal contractor; and the commission considers— the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and it is unfair that the other independent couriers are not covered by the proposed negotiated agreement.\n(sec.406ZN-ssec.2) For subsection (1) (b) (ii) , in deciding whether it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement, the commission must consider— the nature of the work performed by the other independent couriers; and the geographical, organisational and operational relationship between the group or category and the other independent couriers.\n- (a) the agreement applies only to a group or category of independent couriers engaged by a principal contractor; and\n- (b) the commission considers— (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement.\n- (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and\n- (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and\n- (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement.\n- (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and\n- (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and\n- (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement.\n- (a) the nature of the work performed by the other independent couriers; and\n- (b) the geographical, organisational and operational relationship between the group or category and the other independent couriers.","sortOrder":564},{"sectionNumber":"sec.406ZO","sectionType":"section","heading":"Provisions for preventing and settling disputes","content":"### sec.406ZO Provisions for preventing and settling disputes\n\nThe procedures for preventing and settling disputes contained in a negotiated agreement may, with the commission’s approval, authorise the commission to settle a dispute.\ns 406ZO ins 2022 No. 27 s 66","sortOrder":565},{"sectionNumber":"sec.406ZP","sectionType":"section","heading":"Publication of negotiated agreements","content":"### sec.406ZP Publication of negotiated agreements\n\nAs soon as practicable after granting a certification application for a proposed negotiated agreement, the commission must give the registrar—\na copy of the negotiated agreement certified by the commission; and\nwritten reasons for the certification.\nAs soon as practicable after the registrar receives a copy of the negotiated agreement, the registrar must—\ngive notice of certification of the agreement to the parties; and\nensure a copy of the agreement is published on the QIRC website.\ns 406ZP ins 2022 No. 27 s 66\n(sec.406ZP-ssec.1) As soon as practicable after granting a certification application for a proposed negotiated agreement, the commission must give the registrar— a copy of the negotiated agreement certified by the commission; and written reasons for the certification.\n(sec.406ZP-ssec.2) As soon as practicable after the registrar receives a copy of the negotiated agreement, the registrar must— give notice of certification of the agreement to the parties; and ensure a copy of the agreement is published on the QIRC website.\n- (a) a copy of the negotiated agreement certified by the commission; and\n- (b) written reasons for the certification.\n- (a) give notice of certification of the agreement to the parties; and\n- (b) ensure a copy of the agreement is published on the QIRC website.","sortOrder":566},{"sectionNumber":"sec.406ZQ","sectionType":"section","heading":"When negotiated agreements operate","content":"### sec.406ZQ When negotiated agreements operate\n\nA negotiated agreement—\nstarts operating when it is certified; and\ncontinues to operate until it is terminated under section 406ZS or 406ZT .\ns 406ZQ ins 2022 No. 27 s 66\n- (a) starts operating when it is certified; and\n- (b) continues to operate until it is terminated under section 406ZS or 406ZT .","sortOrder":567},{"sectionNumber":"ch.10A-pt.4-div.4","sectionType":"division","heading":"Amending and terminating negotiated agreements","content":"## Amending and terminating negotiated agreements","sortOrder":568},{"sectionNumber":"sec.406ZR","sectionType":"section","heading":"Amendment on application","content":"### sec.406ZR Amendment on application\n\nAn application to amend a negotiated agreement may be made by—\nif the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or\nif the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or\notherwise—the principal contractor.\nThe commission must approve the amendment if, and must not approve the amendment unless, satisfied—\nthe amendment is approved as required under subsection (3) or (4) ; and\nthe commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made.\nAn amendment that amends the parties to the agreement must be approved by—\nthe principal contractor; and\neither—\nfor a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or\nfor a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.\nAny other amendment must be approved by—\nfor an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or\notherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.\nIn applying subsection (2) (b) —\nthe requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and\nsection 406ZF (3) and (4) is to be disregarded.\nThe amendment takes effect when the commission’s approval takes effect.\ns 406ZR ins 2022 No. 27 s 66\n(sec.406ZR-ssec.1) An application to amend a negotiated agreement may be made by— if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or otherwise—the principal contractor.\n(sec.406ZR-ssec.2) The commission must approve the amendment if, and must not approve the amendment unless, satisfied— the amendment is approved as required under subsection (3) or (4) ; and the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made.\n(sec.406ZR-ssec.3) An amendment that amends the parties to the agreement must be approved by— the principal contractor; and either— for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.\n(sec.406ZR-ssec.4) Any other amendment must be approved by— for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.\n(sec.406ZR-ssec.5) In applying subsection (2) (b) — the requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and section 406ZF (3) and (4) is to be disregarded.\n(sec.406ZR-ssec.6) The amendment takes effect when the commission’s approval takes effect.\n- (a) if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or\n- (b) if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or\n- (c) otherwise—the principal contractor.\n- (a) the amendment is approved as required under subsection (3) or (4) ; and\n- (b) the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made.\n- (a) the principal contractor; and\n- (b) either— (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.\n- (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or\n- (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.\n- (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or\n- (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.\n- (a) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or\n- (b) otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.\n- (a) the requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and\n- (b) section 406ZF (3) and (4) is to be disregarded.","sortOrder":569},{"sectionNumber":"sec.406ZS","sectionType":"section","heading":"Termination on or before nominal expiry date","content":"### sec.406ZS Termination on or before nominal expiry date\n\nOn or before the nominal expiry date of a negotiated agreement, all of the parties to which the agreement applies may apply to the commission to terminate the agreement.\nThe commission must approve the termination if, and must not approve the termination unless, satisfied the termination is approved by—\nfor a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or\notherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.\nThe termination takes effect when the commission’s approval takes effect.\ns 406ZS ins 2022 No. 27 s 66\n(sec.406ZS-ssec.1) On or before the nominal expiry date of a negotiated agreement, all of the parties to which the agreement applies may apply to the commission to terminate the agreement.\n(sec.406ZS-ssec.2) The commission must approve the termination if, and must not approve the termination unless, satisfied the termination is approved by— for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.\n(sec.406ZS-ssec.3) The termination takes effect when the commission’s approval takes effect.\n- (a) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or\n- (b) otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.","sortOrder":570},{"sectionNumber":"sec.406ZT","sectionType":"section","heading":"Termination after nominal expiry date","content":"### sec.406ZT Termination after nominal expiry date\n\nAfter the nominal expiry date of a negotiated agreement, the following persons may apply to the commission to terminate the agreement—\nthe principal contractor;\nan employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor;\nfor a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot;\nif paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot;\na relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.\nThe person who intends to apply to terminate the negotiated agreement must give all of the other persons the agreement applies to notice of the intention at least 3 months before making the application.\nThe commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and either—\nfor an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or\nfor another agreement—\nthe other parties to the agreement agree to it being terminated; or\ntermination of the agreement is not contrary to the public interest.\nThe termination takes effect when the commission’s approval takes effect.\ns 406ZT ins 2022 No. 27 s 66\n(sec.406ZT-ssec.1) After the nominal expiry date of a negotiated agreement, the following persons may apply to the commission to terminate the agreement— the principal contractor; an employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor; for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; if paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot; a relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.\n(sec.406ZT-ssec.2) The person who intends to apply to terminate the negotiated agreement must give all of the other persons the agreement applies to notice of the intention at least 3 months before making the application.\n(sec.406ZT-ssec.3) The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and either— for an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or for another agreement— the other parties to the agreement agree to it being terminated; or termination of the agreement is not contrary to the public interest.\n(sec.406ZT-ssec.4) The termination takes effect when the commission’s approval takes effect.\n- (a) the principal contractor;\n- (b) an employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor;\n- (c) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot;\n- (d) if paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot;\n- (e) a relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.\n- (a) for an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or\n- (b) for another agreement— (i) the other parties to the agreement agree to it being terminated; or (ii) termination of the agreement is not contrary to the public interest.\n- (i) the other parties to the agreement agree to it being terminated; or\n- (ii) termination of the agreement is not contrary to the public interest.\n- (i) the other parties to the agreement agree to it being terminated; or\n- (ii) termination of the agreement is not contrary to the public interest.","sortOrder":571},{"sectionNumber":"ch.10A-pt.5","sectionType":"part","heading":"Individual courier service contracts","content":"# Individual courier service contracts","sortOrder":572},{"sectionNumber":"ch.10A-pt.5-div.1","sectionType":"division","heading":"Amending or voiding courier service contracts","content":"## Amending or voiding courier service contracts","sortOrder":573},{"sectionNumber":"sec.406ZU","sectionType":"section","heading":"What is an unfair contract","content":"### sec.406ZU What is an unfair contract\n\nA courier service contract is an unfair contract if the contract—\nis harsh, unconscionable or unfair; or\nis against the public interest; or\nprovides, or has provided, a total remuneration for performing the work stated in the contract less than that which—\na person performing the work an independent courier would receive under a contract instrument; or\nan employee performing the work would receive under an industrial instrument or this Act; or\nis designed to, or does, avoid the provisions of a contract instrument.\nHowever, a courier service contract is not an unfair contract under subsection (1) (c) if the commissioner considers that, in the context of the remuneration and working conditions provided for by the contract as a whole, the reduction in remuneration is not against the public interest.\ns 406ZU ins 2022 No. 27 s 66\n(sec.406ZU-ssec.1) A courier service contract is an unfair contract if the contract— is harsh, unconscionable or unfair; or is against the public interest; or provides, or has provided, a total remuneration for performing the work stated in the contract less than that which— a person performing the work an independent courier would receive under a contract instrument; or an employee performing the work would receive under an industrial instrument or this Act; or is designed to, or does, avoid the provisions of a contract instrument.\n(sec.406ZU-ssec.2) However, a courier service contract is not an unfair contract under subsection (1) (c) if the commissioner considers that, in the context of the remuneration and working conditions provided for by the contract as a whole, the reduction in remuneration is not against the public interest.\n- (a) is harsh, unconscionable or unfair; or\n- (b) is against the public interest; or\n- (c) provides, or has provided, a total remuneration for performing the work stated in the contract less than that which— (i) a person performing the work an independent courier would receive under a contract instrument; or (ii) an employee performing the work would receive under an industrial instrument or this Act; or\n- (i) a person performing the work an independent courier would receive under a contract instrument; or\n- (ii) an employee performing the work would receive under an industrial instrument or this Act; or\n- (d) is designed to, or does, avoid the provisions of a contract instrument.\n- (i) a person performing the work an independent courier would receive under a contract instrument; or\n- (ii) an employee performing the work would receive under an industrial instrument or this Act; or","sortOrder":574},{"sectionNumber":"sec.406ZV","sectionType":"section","heading":"Power to amend or declare void unfair courier service contracts","content":"### sec.406ZV Power to amend or declare void unfair courier service contracts\n\nOn application by an entity under section 406ZW , the commission may amend or declare void (wholly or partly) a courier service contract to the extent the commission considers—\nthe contract is inconsistent with a contract instrument; or\nthe contract is an unfair contract.\nIn deciding whether to amend or declare void the courier service contract, or part of the courier service contract, the commission may consider—\nthe relative bargaining power of—\nthe parties to the contract; and\nif applicable, a person acting for the parties; or\nwhether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or\na contract instrument; or\nan industrial instrument, a federal industrial instrument or this Act; or\nanything else the commission considers relevant.\nThe commission may consider the courier service contract to be an unfair contract if it considers the contract—\nwas an unfair contract when it was entered into; or\nbecame an unfair contract after it was entered into because of the conduct of the parties or an amendment of the contract, or for another reason the commission considers sufficient.\nThe commission may make an order it considers appropriate about payment of an amount for a courier service contract amended or declared void.\ns 406ZV ins 2022 No. 27 s 66\n(sec.406ZV-ssec.1) On application by an entity under section 406ZW , the commission may amend or declare void (wholly or partly) a courier service contract to the extent the commission considers— the contract is inconsistent with a contract instrument; or the contract is an unfair contract.\n(sec.406ZV-ssec.2) In deciding whether to amend or declare void the courier service contract, or part of the courier service contract, the commission may consider— the relative bargaining power of— the parties to the contract; and if applicable, a person acting for the parties; or whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or a contract instrument; or an industrial instrument, a federal industrial instrument or this Act; or anything else the commission considers relevant.\n(sec.406ZV-ssec.3) The commission may consider the courier service contract to be an unfair contract if it considers the contract— was an unfair contract when it was entered into; or became an unfair contract after it was entered into because of the conduct of the parties or an amendment of the contract, or for another reason the commission considers sufficient.\n(sec.406ZV-ssec.4) The commission may make an order it considers appropriate about payment of an amount for a courier service contract amended or declared void.\n- (a) the contract is inconsistent with a contract instrument; or\n- (b) the contract is an unfair contract.\n- (a) the relative bargaining power of— (i) the parties to the contract; and (ii) if applicable, a person acting for the parties; or\n- (i) the parties to the contract; and\n- (ii) if applicable, a person acting for the parties; or\n- (b) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or\n- (c) a contract instrument; or\n- (d) an industrial instrument, a federal industrial instrument or this Act; or\n- (e) anything else the commission considers relevant.\n- (i) the parties to the contract; and\n- (ii) if applicable, a person acting for the parties; or\n- (a) was an unfair contract when it was entered into; or\n- (b) became an unfair contract after it was entered into because of the conduct of the parties or an amendment of the contract, or for another reason the commission considers sufficient.","sortOrder":575},{"sectionNumber":"sec.406ZW","sectionType":"section","heading":"Who may apply for amendment or declaration","content":"### sec.406ZW Who may apply for amendment or declaration\n\nAn application to amend or declare void a courier service contract under section 406ZV may be made by—\na party to the contract; or\nfor the independent courier—an inspector; or\nfor a party to the contract who is, or has applied to become, a member of an organisation or federal organisation—the organisation or federal organisation acting with the party’s written consent.\ns 406ZW ins 2022 No. 27 s 66\n- (a) a party to the contract; or\n- (b) for the independent courier—an inspector; or\n- (c) for a party to the contract who is, or has applied to become, a member of an organisation or federal organisation—the organisation or federal organisation acting with the party’s written consent.","sortOrder":576},{"sectionNumber":"ch.10A-pt.5-div.2","sectionType":"division","heading":"Unfair termination of courier service contracts","content":"## Unfair termination of courier service contracts","sortOrder":577},{"sectionNumber":"sec.406ZX","sectionType":"section","heading":"When is courier service contract unfairly terminated","content":"### sec.406ZX When is courier service contract unfairly terminated\n\nA courier service contract is unfairly terminated if termination of the contract is harsh, unjust or unreasonable.\ns 406ZX ins 2022 No. 27 s 66","sortOrder":578},{"sectionNumber":"sec.406ZY","sectionType":"section","heading":"Unfair termination of courier service contract","content":"### sec.406ZY Unfair termination of courier service contract\n\nThis section applies if it is claimed that an independent courier’s courier service contract with a principal contractor was unfairly terminated by the principal contractor.\nAn application (an unfair termination application ) for reinstatement or compensation may be made to the commission by—\nthe independent courier; or\nwith the independent courier’s consent, an organisation or federal organisation that is entitled to represent the industrial interests of the independent courier.\nThe application must be made within—\n21 days after the day the termination takes effect; or\nif the commission allows a further period on an application made at any time—the further period.\nThe commission must deal with the application as quickly as possible.\ns 406ZY ins 2022 No. 27 s 66\n(sec.406ZY-ssec.1) This section applies if it is claimed that an independent courier’s courier service contract with a principal contractor was unfairly terminated by the principal contractor.\n(sec.406ZY-ssec.2) An application (an unfair termination application ) for reinstatement or compensation may be made to the commission by— the independent courier; or with the independent courier’s consent, an organisation or federal organisation that is entitled to represent the industrial interests of the independent courier.\n(sec.406ZY-ssec.3) The application must be made within— 21 days after the day the termination takes effect; or if the commission allows a further period on an application made at any time—the further period.\n(sec.406ZY-ssec.4) The commission must deal with the application as quickly as possible.\n- (a) the independent courier; or\n- (b) with the independent courier’s consent, an organisation or federal organisation that is entitled to represent the industrial interests of the independent courier.\n- (a) 21 days after the day the termination takes effect; or\n- (b) if the commission allows a further period on an application made at any time—the further period.","sortOrder":579},{"sectionNumber":"sec.406ZZ","sectionType":"section","heading":"Conciliation before application heard","content":"### sec.406ZZ Conciliation before application heard\n\nThe commission must hold a conference to attempt to settle an unfair termination application by conciliation before it hears the application.\nSection 318 is an applied provision for this section.\nSee section 406ZZF about interpreting an applied provision.\ns 406ZZ ins 2022 No. 27 s 66\n(sec.406ZZ-ssec.1) The commission must hold a conference to attempt to settle an unfair termination application by conciliation before it hears the application.\n(sec.406ZZ-ssec.2) Section 318 is an applied provision for this section. See section 406ZZF about interpreting an applied provision.","sortOrder":580},{"sectionNumber":"sec.406ZZA","sectionType":"section","heading":"Arbitration when conciliation unsuccessful","content":"### sec.406ZZA Arbitration when conciliation unsuccessful\n\nIf the commission considers all reasonable steps to settle an application by conciliation have been made, but have been unsuccessful, the commission may hear and decide the application by—\nmaking an order under section 406ZZB or 406ZZC ; or\ndismissing the application.\nIn deciding whether termination of the courier service contract was harsh, unjust or unreasonable, the commission must consider the following matters—\nhow long the independent courier provided services transporting goods for the principal contractor under the contract or otherwise;\nwhether the independent courier was notified of the reasons for termination;\nwhether the termination related to—\nthe operational requirements of the principal contractor’s business or service; or\nthe independent courier’s conduct, capacity or performance;\nif the termination relates to the independent courier’s conduct, capacity or performance—\nwhether the independent courier had been warned about the conduct, capacity or performance; or\nwhether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance;\nany other matters the commission considers relevant.\ns 406ZZA ins 2022 No. 27 s 66\n(sec.406ZZA-ssec.1) If the commission considers all reasonable steps to settle an application by conciliation have been made, but have been unsuccessful, the commission may hear and decide the application by— making an order under section 406ZZB or 406ZZC ; or dismissing the application.\n(sec.406ZZA-ssec.2) In deciding whether termination of the courier service contract was harsh, unjust or unreasonable, the commission must consider the following matters— how long the independent courier provided services transporting goods for the principal contractor under the contract or otherwise; whether the independent courier was notified of the reasons for termination; whether the termination related to— the operational requirements of the principal contractor’s business or service; or the independent courier’s conduct, capacity or performance; if the termination relates to the independent courier’s conduct, capacity or performance— whether the independent courier had been warned about the conduct, capacity or performance; or whether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance; any other matters the commission considers relevant.\n- (a) making an order under section 406ZZB or 406ZZC ; or\n- (b) dismissing the application.\n- (a) how long the independent courier provided services transporting goods for the principal contractor under the contract or otherwise;\n- (b) whether the independent courier was notified of the reasons for termination;\n- (c) whether the termination related to— (i) the operational requirements of the principal contractor’s business or service; or (ii) the independent courier’s conduct, capacity or performance;\n- (i) the operational requirements of the principal contractor’s business or service; or\n- (ii) the independent courier’s conduct, capacity or performance;\n- (d) if the termination relates to the independent courier’s conduct, capacity or performance— (i) whether the independent courier had been warned about the conduct, capacity or performance; or (ii) whether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance;\n- (i) whether the independent courier had been warned about the conduct, capacity or performance; or\n- (ii) whether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance;\n- (e) any other matters the commission considers relevant.\n- (i) the operational requirements of the principal contractor’s business or service; or\n- (ii) the independent courier’s conduct, capacity or performance;\n- (i) whether the independent courier had been warned about the conduct, capacity or performance; or\n- (ii) whether the independent courier was given an opportunity to respond to the claim about the conduct, capacity or performance;","sortOrder":581},{"sectionNumber":"sec.406ZZB","sectionType":"section","heading":"Remedies—reinstatement of courier service contract","content":"### sec.406ZZB Remedies—reinstatement of courier service contract\n\nThis section applies if the commission considers an independent courier’s courier service contract was unfairly terminated by the principal contractor.\nThe commission may order the principal contractor to reinstate the courier service contract for the independent courier on conditions at least as favourable as the conditions of the terminated courier service contract, immediately before it was terminated.\nReinstatement of the courier service contract includes re-engagement under a new courier service contract.\nThe commission may also make an order it considers appropriate about—\npayment of an amount for—\nthe termination; and\nthe period between the termination and reinstatement under subsection (2) ; or\na period after the termination of the courier service contract to be treated as a period of engagement under relevant courier service contracts.\nThis section does not limit the commission’s power to make an interim or interlocutory order.\ns 406ZZB ins 2022 No. 27 s 66\n(sec.406ZZB-ssec.1) This section applies if the commission considers an independent courier’s courier service contract was unfairly terminated by the principal contractor.\n(sec.406ZZB-ssec.2) The commission may order the principal contractor to reinstate the courier service contract for the independent courier on conditions at least as favourable as the conditions of the terminated courier service contract, immediately before it was terminated.\n(sec.406ZZB-ssec.3) Reinstatement of the courier service contract includes re-engagement under a new courier service contract.\n(sec.406ZZB-ssec.4) The commission may also make an order it considers appropriate about— payment of an amount for— the termination; and the period between the termination and reinstatement under subsection (2) ; or a period after the termination of the courier service contract to be treated as a period of engagement under relevant courier service contracts.\n(sec.406ZZB-ssec.5) This section does not limit the commission’s power to make an interim or interlocutory order.\n- (a) payment of an amount for— (i) the termination; and (ii) the period between the termination and reinstatement under subsection (2) ; or\n- (i) the termination; and\n- (ii) the period between the termination and reinstatement under subsection (2) ; or\n- (b) a period after the termination of the courier service contract to be treated as a period of engagement under relevant courier service contracts.\n- (i) the termination; and\n- (ii) the period between the termination and reinstatement under subsection (2) ; or","sortOrder":582},{"sectionNumber":"sec.406ZZC","sectionType":"section","heading":"Remedies—compensation","content":"### sec.406ZZC Remedies—compensation\n\nIf, and only if, the commission considers reinstatement under section 406ZZB would be impracticable, the commission may order the principal contractor to pay the independent courier an amount of compensation decided by the commission.\nThe commission must not award an amount of compensation that is more than the amount of remuneration paid to the independent courier during the 6 months immediately before the termination of the contract.\nThe commission must take into account any amount paid to the independent courier by the principal contractor on termination of the courier service contract.\nThis section does not limit the commission’s power to make an interim or interlocutory order.\ns 406ZZC ins 2022 No. 27 s 66\n(sec.406ZZC-ssec.1) If, and only if, the commission considers reinstatement under section 406ZZB would be impracticable, the commission may order the principal contractor to pay the independent courier an amount of compensation decided by the commission.\n(sec.406ZZC-ssec.2) The commission must not award an amount of compensation that is more than the amount of remuneration paid to the independent courier during the 6 months immediately before the termination of the contract.\n(sec.406ZZC-ssec.3) The commission must take into account any amount paid to the independent courier by the principal contractor on termination of the courier service contract.\n(sec.406ZZC-ssec.4) This section does not limit the commission’s power to make an interim or interlocutory order.","sortOrder":583},{"sectionNumber":"sec.406ZZD","sectionType":"section","heading":"Further orders if principal contractor fails to reinstate","content":"### sec.406ZZD Further orders if principal contractor fails to reinstate\n\nIf a principal contractor wilfully contravenes an order to reinstate a courier service contract for an independent courier, the commission may—\nfurther order the principal contractor to pay the independent courier—\nan amount of not more than the monetary value of 50 penalty units; and\nan amount for lost remuneration; and\nmake further orders until the principal contractor complies with an order under section 406ZZB or this section.\nThis section does not affect another provision of this Act allowing proceedings to be taken against the principal contractor.\ns 406ZZD ins 2022 No. 27 s 66\n(sec.406ZZD-ssec.1) If a principal contractor wilfully contravenes an order to reinstate a courier service contract for an independent courier, the commission may— further order the principal contractor to pay the independent courier— an amount of not more than the monetary value of 50 penalty units; and an amount for lost remuneration; and make further orders until the principal contractor complies with an order under section 406ZZB or this section.\n(sec.406ZZD-ssec.2) This section does not affect another provision of this Act allowing proceedings to be taken against the principal contractor.\n- (a) further order the principal contractor to pay the independent courier— (i) an amount of not more than the monetary value of 50 penalty units; and (ii) an amount for lost remuneration; and\n- (i) an amount of not more than the monetary value of 50 penalty units; and\n- (ii) an amount for lost remuneration; and\n- (b) make further orders until the principal contractor complies with an order under section 406ZZB or this section.\n- (i) an amount of not more than the monetary value of 50 penalty units; and\n- (ii) an amount for lost remuneration; and","sortOrder":584},{"sectionNumber":"ch.10A-pt.6","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":585},{"sectionNumber":"sec.406ZZE","sectionType":"section","heading":"Dispute resolution","content":"### sec.406ZZE Dispute resolution\n\nThis section applies in relation to a dispute that—\nexists between—\na principal contractor, employer organisation or federal organisation of employers; and\nan independent courier, employee organisation or federal organisation of employees; and\nis about—\nthe interpretation or enforcement of a contract instrument, unless this Act otherwise provides; or\nanother matter that would be an industrial dispute if the principal contractor were an employer and the independent courier were an employee.\nChapter 6 —\nis an applied provision for the dispute; and\nSee section 406ZZF about interpreting an applied provision.\nwithout limiting section 406ZZF , applies for the dispute as if a reference to an industrial dispute were a reference to the dispute.\ns 406ZZE ins 2022 No. 27 s 66\n(sec.406ZZE-ssec.1) This section applies in relation to a dispute that— exists between— a principal contractor, employer organisation or federal organisation of employers; and an independent courier, employee organisation or federal organisation of employees; and is about— the interpretation or enforcement of a contract instrument, unless this Act otherwise provides; or another matter that would be an industrial dispute if the principal contractor were an employer and the independent courier were an employee.\n(sec.406ZZE-ssec.2) Chapter 6 — is an applied provision for the dispute; and See section 406ZZF about interpreting an applied provision. without limiting section 406ZZF , applies for the dispute as if a reference to an industrial dispute were a reference to the dispute.\n- (a) exists between— (i) a principal contractor, employer organisation or federal organisation of employers; and (ii) an independent courier, employee organisation or federal organisation of employees; and\n- (i) a principal contractor, employer organisation or federal organisation of employers; and\n- (ii) an independent courier, employee organisation or federal organisation of employees; and\n- (b) is about— (i) the interpretation or enforcement of a contract instrument, unless this Act otherwise provides; or (ii) another matter that would be an industrial dispute if the principal contractor were an employer and the independent courier were an employee.\n- (i) the interpretation or enforcement of a contract instrument, unless this Act otherwise provides; or\n- (ii) another matter that would be an industrial dispute if the principal contractor were an employer and the independent courier were an employee.\n- (i) a principal contractor, employer organisation or federal organisation of employers; and\n- (ii) an independent courier, employee organisation or federal organisation of employees; and\n- (i) the interpretation or enforcement of a contract instrument, unless this Act otherwise provides; or\n- (ii) another matter that would be an industrial dispute if the principal contractor were an employer and the independent courier were an employee.\n- (a) is an applied provision for the dispute; and Note— See section 406ZZF about interpreting an applied provision.\n- (b) without limiting section 406ZZF , applies for the dispute as if a reference to an industrial dispute were a reference to the dispute.","sortOrder":586},{"sectionNumber":"sec.406ZZF","sectionType":"section","heading":"Interpretation of applied provisions","content":"### sec.406ZZF Interpretation of applied provisions\n\nAn applied provision applies for a provision of this chapter, or a stated purpose, as if a reference in the applied provision to a term stated in column 1 of the table below were a reference to the term stated opposite in column 2—\nColumn 1\nColumn 2\nan employer\na principal contractor\nan employee\nan independent courier\na modern award\na contract determination\na certified agreement or bargaining instrument\na negotiated agreement\na proposed certified agreement or proposed bargaining instrument\na proposed negotiated agreement\nan industrial instrument\na contract instrument\na negotiating party for a proposed certified agreement or proposed bargaining instrument\na negotiating party under section 406A for a proposed negotiated agreement\nan employer organisation that is, or is to be, a party to an industrial instrument\nan employer organisation or federal organisation of employers that is, or is to be, a party to a contract instrument\nan employee organisation that is, or is to be, a party to an industrial instrument\nan employee organisation or federal organisation of employees that is, or is to be, a party to a contract instrument\nFor a provision of this chapter that relates to a negotiated agreement or a proposed negotiated agreement, the applied provision applies as if—\nthere were a peace obligation period for the negotiations and the period had ended; and\na reference to the requirement under section 173 to negotiate in good faith were a reference to the requirement to negotiate in good faith under section 406Z ; and\na reference to the proposed bargaining instrument being certified or made by the commission under chapter 4 , part 5 were a reference to the proposed negotiated agreement being certified under part 4 , division 3 .\nFor a provision of this chapter that relates to work of equal or comparable value, the applied provision applies as if a reference to remuneration included the fees, allowances and other amounts payable, or other benefits made available, to an independent courier under a courier service contract.\nWithout limiting subsection (1) , (2) or (3) —\na reference in an applied provision to another provision that applies for this chapter is a reference to the other provision as it applies for this chapter; and\nan applied provision also applies with other necessary changes.\ns 406ZZF ins 2022 No. 27 s 66\n(sec.406ZZF-ssec.1) An applied provision applies for a provision of this chapter, or a stated purpose, as if a reference in the applied provision to a term stated in column 1 of the table below were a reference to the term stated opposite in column 2— Column 1 Column 2 an employer a principal contractor an employee an independent courier a modern award a contract determination a certified agreement or bargaining instrument a negotiated agreement a proposed certified agreement or proposed bargaining instrument a proposed negotiated agreement an industrial instrument a contract instrument a negotiating party for a proposed certified agreement or proposed bargaining instrument a negotiating party under section 406A for a proposed negotiated agreement an employer organisation that is, or is to be, a party to an industrial instrument an employer organisation or federal organisation of employers that is, or is to be, a party to a contract instrument an employee organisation that is, or is to be, a party to an industrial instrument an employee organisation or federal organisation of employees that is, or is to be, a party to a contract instrument\n(sec.406ZZF-ssec.2) For a provision of this chapter that relates to a negotiated agreement or a proposed negotiated agreement, the applied provision applies as if— there were a peace obligation period for the negotiations and the period had ended; and a reference to the requirement under section 173 to negotiate in good faith were a reference to the requirement to negotiate in good faith under section 406Z ; and a reference to the proposed bargaining instrument being certified or made by the commission under chapter 4 , part 5 were a reference to the proposed negotiated agreement being certified under part 4 , division 3 .\n(sec.406ZZF-ssec.3) For a provision of this chapter that relates to work of equal or comparable value, the applied provision applies as if a reference to remuneration included the fees, allowances and other amounts payable, or other benefits made available, to an independent courier under a courier service contract.\n(sec.406ZZF-ssec.4) Without limiting subsection (1) , (2) or (3) — a reference in an applied provision to another provision that applies for this chapter is a reference to the other provision as it applies for this chapter; and an applied provision also applies with other necessary changes.\n- (a) there were a peace obligation period for the negotiations and the period had ended; and\n- (b) a reference to the requirement under section 173 to negotiate in good faith were a reference to the requirement to negotiate in good faith under section 406Z ; and\n- (c) a reference to the proposed bargaining instrument being certified or made by the commission under chapter 4 , part 5 were a reference to the proposed negotiated agreement being certified under part 4 , division 3 .\n- (a) a reference in an applied provision to another provision that applies for this chapter is a reference to the other provision as it applies for this chapter; and\n- (b) an applied provision also applies with other necessary changes.","sortOrder":587},{"sectionNumber":"sec.406ZZG","sectionType":"section","heading":"Authorisation for competition legislation","content":"### sec.406ZZG Authorisation for competition legislation\n\nThe following things are specifically authorised for the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) and the Competition Code of Queensland —\na courier service contract;\na contract determination;\na negotiated agreement;\nanything done by a person—\nto negotiate, enter into or perform a courier service contract; or\nto negotiate with a view to a negotiated agreement being made; or\nto comply with a contract determination or negotiated agreement; or\nto comply with this chapter.\nAnything authorised to be done by subsection (1) is authorised only to the extent it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland .\ns 406ZZG ins 2022 No. 27 s 66\n(sec.406ZZG-ssec.1) The following things are specifically authorised for the Competition and Consumer Act 2010 (Cwlth) , section 51 (1) (b) and the Competition Code of Queensland — a courier service contract; a contract determination; a negotiated agreement; anything done by a person— to negotiate, enter into or perform a courier service contract; or to negotiate with a view to a negotiated agreement being made; or to comply with a contract determination or negotiated agreement; or to comply with this chapter.\n(sec.406ZZG-ssec.2) Anything authorised to be done by subsection (1) is authorised only to the extent it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code of Queensland .\n- (a) a courier service contract;\n- (b) a contract determination;\n- (c) a negotiated agreement;\n- (d) anything done by a person— (i) to negotiate, enter into or perform a courier service contract; or (ii) to negotiate with a view to a negotiated agreement being made; or (iii) to comply with a contract determination or negotiated agreement; or (iv) to comply with this chapter.\n- (i) to negotiate, enter into or perform a courier service contract; or\n- (ii) to negotiate with a view to a negotiated agreement being made; or\n- (iii) to comply with a contract determination or negotiated agreement; or\n- (iv) to comply with this chapter.\n- (i) to negotiate, enter into or perform a courier service contract; or\n- (ii) to negotiate with a view to a negotiated agreement being made; or\n- (iii) to comply with a contract determination or negotiated agreement; or\n- (iv) to comply with this chapter.","sortOrder":588},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Industrial court of Queensland","content":"# Industrial court of Queensland","sortOrder":589},{"sectionNumber":"ch.11-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":590},{"sectionNumber":"sec.407","sectionType":"section","heading":"Continuance","content":"### sec.407 Continuance\n\nThe Industrial Court of Queensland (the court ) is established as a superior court of record in Queensland.","sortOrder":591},{"sectionNumber":"sec.408","sectionType":"section","heading":"Official seal","content":"### sec.408 Official seal\n\nThe court has an official seal that must be judicially noticed.\n(sec.408-ssec) The court has an official seal that must be judicially noticed.","sortOrder":592},{"sectionNumber":"sec.409","sectionType":"section","heading":"Membership","content":"### sec.409 Membership\n\nThe members of the court are—\nthe president; and\nthe vice-president; and\nthe deputy president (court).\n(sec.409-ssec) The members of the court are— the president; and the vice-president; and the deputy president (court).\n- (a) the president; and\n- (b) the vice-president; and\n- (c) the deputy president (court).","sortOrder":593},{"sectionNumber":"sec.410","sectionType":"section","heading":"Constitution","content":"### sec.410 Constitution\n\nThe court is constituted by the president, the vice-president or a deputy president (court) sitting alone.","sortOrder":594},{"sectionNumber":"sec.411","sectionType":"section","heading":"Finances of court","content":"### sec.411 Finances of court\n\nThe court is part of the department for the purposes of the Financial Accountability Act 2009 .","sortOrder":595},{"sectionNumber":"ch.11-pt.1-div.2","sectionType":"division","heading":"Members","content":"## Members","sortOrder":596},{"sectionNumber":"sec.412","sectionType":"section","heading":"Functions of the president","content":"### sec.412 Functions of the president\n\nThe president has the functions given to the president under this Act or another Act.\nThe functions of the president include—\nmanaging and administering the court, including deciding who constitutes the court for a proceeding; and\npreparing and giving the annual report to the Minister under section 594 .\nThe president has the power to do all things necessary or convenient to be done for the performance of the president’s functions.\nThe president may delegate a function of the president to the vice-president or a deputy president (court).\n(sec.412-ssec.1) The president has the functions given to the president under this Act or another Act.\n(sec.412-ssec.2) The functions of the president include— managing and administering the court, including deciding who constitutes the court for a proceeding; and preparing and giving the annual report to the Minister under section 594 .\n(sec.412-ssec.3) The president has the power to do all things necessary or convenient to be done for the performance of the president’s functions.\n(sec.412-ssec.4) The president may delegate a function of the president to the vice-president or a deputy president (court).\n- (a) managing and administering the court, including deciding who constitutes the court for a proceeding; and\n- (b) preparing and giving the annual report to the Minister under section 594 .","sortOrder":597},{"sectionNumber":"sec.413","sectionType":"section","heading":"Appointment of president","content":"### sec.413 Appointment of president\n\nThe Governor in Council may, by gazette notice, appoint a person who is a Supreme Court judge as president of the court.\nThe person is appointed on a full-time basis unless the gazette notice states the appointment is on a part-time basis.\n(sec.413-ssec.1) The Governor in Council may, by gazette notice, appoint a person who is a Supreme Court judge as president of the court.\n(sec.413-ssec.2) The person is appointed on a full-time basis unless the gazette notice states the appointment is on a part-time basis.","sortOrder":598},{"sectionNumber":"sec.414","sectionType":"section","heading":"Effect of appointment as president","content":"### sec.414 Effect of appointment as president\n\nThe appointment of, or service by, a Supreme Court judge as president does not affect—\nthe judge’s tenure of office as a judge; or\nthe judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as the holder of the office of a judge.\nThe president may perform the functions of office of both president and a Supreme Court judge.\nThe Supreme Court judge’s service as president is taken to be service as a Supreme Court judge for all purposes.\nThe appointment of, or service by, a Supreme Court judge as president does not entitle the judge to any salary or allowance in addition to the judge’s salary or allowance as the holder of the office of a judge.\nHowever, the Supreme Court judge is entitled to be paid expenses reasonably incurred by the judge in performing the functions of the office of president.\nThis section applies despite any other Act.\n(sec.414-ssec.1) The appointment of, or service by, a Supreme Court judge as president does not affect— the judge’s tenure of office as a judge; or the judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as the holder of the office of a judge.\n(sec.414-ssec.2) The president may perform the functions of office of both president and a Supreme Court judge.\n(sec.414-ssec.3) The Supreme Court judge’s service as president is taken to be service as a Supreme Court judge for all purposes.\n(sec.414-ssec.4) The appointment of, or service by, a Supreme Court judge as president does not entitle the judge to any salary or allowance in addition to the judge’s salary or allowance as the holder of the office of a judge.\n(sec.414-ssec.5) However, the Supreme Court judge is entitled to be paid expenses reasonably incurred by the judge in performing the functions of the office of president.\n(sec.414-ssec.6) This section applies despite any other Act.\n- (a) the judge’s tenure of office as a judge; or\n- (b) the judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as the holder of the office of a judge.","sortOrder":599},{"sectionNumber":"sec.415","sectionType":"section","heading":"When president holds office","content":"### sec.415 When president holds office\n\nThe president holds office until the earlier of the following—\nthe president turns 70;\nthe president resigns by signed notice given to the Governor;\nthe president stops being a Supreme Court judge.\nIf the president stops holding office while hearing a matter, the Governor in Council may, without reappointing the person as president, continue the person in office for the time necessary to enable the hearing to be completed.\nA person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n(sec.415-ssec.1) The president holds office until the earlier of the following— the president turns 70; the president resigns by signed notice given to the Governor; the president stops being a Supreme Court judge.\n(sec.415-ssec.2) If the president stops holding office while hearing a matter, the Governor in Council may, without reappointing the person as president, continue the person in office for the time necessary to enable the hearing to be completed.\n(sec.415-ssec.3) A person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n- (a) the president turns 70;\n- (b) the president resigns by signed notice given to the Governor;\n- (c) the president stops being a Supreme Court judge.","sortOrder":600},{"sectionNumber":"sec.416","sectionType":"section","heading":"Acting president","content":"### sec.416 Acting president\n\nThis section applies if the president temporarily can not perform the functions of office.\nThe Governor in Council may, by gazette notice, appoint a person who is a Supreme Court judge to act as the president.\nA person who has acted as president may attend sittings of the court to give a decision in, or otherwise complete, proceedings heard by the person while acting as president.\nThe person’s decision is taken to be the president’s decision in the proceedings.\nSection 414 applies to the person while the person acts as president as if the person were appointed as president.\n(sec.416-ssec.1) This section applies if the president temporarily can not perform the functions of office.\n(sec.416-ssec.2) The Governor in Council may, by gazette notice, appoint a person who is a Supreme Court judge to act as the president.\n(sec.416-ssec.3) A person who has acted as president may attend sittings of the court to give a decision in, or otherwise complete, proceedings heard by the person while acting as president.\n(sec.416-ssec.4) The person’s decision is taken to be the president’s decision in the proceedings.\n(sec.416-ssec.5) Section 414 applies to the person while the person acts as president as if the person were appointed as president.","sortOrder":601},{"sectionNumber":"sec.417","sectionType":"section","heading":"Functions of the vice-president","content":"### sec.417 Functions of the vice-president\n\nThe vice-president of the court has the functions given to the vice-president under this Act or another Act.\nThe vice-president is subject to the direction of the president in performing the vice-president’s functions.\nThe vice-president has the power to do all things necessary or convenient to be done for the performance of the vice-president’s functions.\nThe vice-president may delegate a function of the vice-president to a deputy president (court).\n(sec.417-ssec.1) The vice-president of the court has the functions given to the vice-president under this Act or another Act.\n(sec.417-ssec.2) The vice-president is subject to the direction of the president in performing the vice-president’s functions.\n(sec.417-ssec.3) The vice-president has the power to do all things necessary or convenient to be done for the performance of the vice-president’s functions.\n(sec.417-ssec.4) The vice-president may delegate a function of the vice-president to a deputy president (court).","sortOrder":602},{"sectionNumber":"sec.418","sectionType":"section","heading":"Appointment of vice-president","content":"### sec.418 Appointment of vice-president\n\nThe Governor in Council may, by gazette notice, appoint a person as the vice-president of the court.\nThe person must—\nbe a lawyer of at least 5 years standing; and\nhave either of the following—\nhigh-level experience in business or industry or in a relevant entity;\nsuitable experience, qualifications and standing in the community to be appointed as the vice-president of the court.\nThe person can not be—\na member of the Executive Council or Legislative Assembly; or\na director of a corporation engaged in a calling; or\nan auditor of a corporation engaged in a calling or of a business; or\na person who participates in any capacity in the management of—\na corporation engaged in a calling; or\na business.\nIn this section—\nrelevant entity means the following—\nan organisation, a State peak council or another entity that represents the interests of employers or has members who are employers;\na department;\nan entity established—\nunder an Act for a public or State purposes; or\nunder State authorisation for a public or State purpose.\ns 418 amd 2022 No. 27 s 41\n(sec.418-ssec.1) The Governor in Council may, by gazette notice, appoint a person as the vice-president of the court.\n(sec.418-ssec.2) The person must— be a lawyer of at least 5 years standing; and have either of the following— high-level experience in business or industry or in a relevant entity; suitable experience, qualifications and standing in the community to be appointed as the vice-president of the court.\n(sec.418-ssec.3) The person can not be— a member of the Executive Council or Legislative Assembly; or a director of a corporation engaged in a calling; or an auditor of a corporation engaged in a calling or of a business; or a person who participates in any capacity in the management of— a corporation engaged in a calling; or a business.\n(sec.418-ssec.4) In this section— relevant entity means the following— an organisation, a State peak council or another entity that represents the interests of employers or has members who are employers; a department; an entity established— under an Act for a public or State purposes; or under State authorisation for a public or State purpose.\n- (a) be a lawyer of at least 5 years standing; and\n- (b) have either of the following— (i) high-level experience in business or industry or in a relevant entity; (ii) suitable experience, qualifications and standing in the community to be appointed as the vice-president of the court.\n- (i) high-level experience in business or industry or in a relevant entity;\n- (ii) suitable experience, qualifications and standing in the community to be appointed as the vice-president of the court.\n- (i) high-level experience in business or industry or in a relevant entity;\n- (ii) suitable experience, qualifications and standing in the community to be appointed as the vice-president of the court.\n- (a) a member of the Executive Council or Legislative Assembly; or\n- (b) a director of a corporation engaged in a calling; or\n- (c) an auditor of a corporation engaged in a calling or of a business; or\n- (d) a person who participates in any capacity in the management of— (i) a corporation engaged in a calling; or (ii) a business.\n- (i) a corporation engaged in a calling; or\n- (ii) a business.\n- (i) a corporation engaged in a calling; or\n- (ii) a business.\n- (a) an organisation, a State peak council or another entity that represents the interests of employers or has members who are employers;\n- (b) a department;\n- (c) an entity established— (i) under an Act for a public or State purposes; or (ii) under State authorisation for a public or State purpose.\n- (i) under an Act for a public or State purposes; or\n- (ii) under State authorisation for a public or State purpose.\n- (i) under an Act for a public or State purposes; or\n- (ii) under State authorisation for a public or State purpose.","sortOrder":603},{"sectionNumber":"sec.419","sectionType":"section","heading":"When vice-president holds office","content":"### sec.419 When vice-president holds office\n\nThe vice-president of the court holds office until the earlier of the following—\nthe vice-president turns 70;\nthe vice-president resigns by signed notice given to the Governor;\nthe vice-president becomes a member of the Executive Council or Legislative Assembly;\nthe vice-president does any of the following without the prior written consent of the Minister—\nacts as a director of a corporation engaged in a calling; or\nacts as an auditor of a corporation engaged in a calling or of a business;\nparticipates in any capacity in the management of a corporation engaged in a calling or the management of a business.\nthe vice-president is removed from office under section 423 .\nIf the vice-president stops holding the office because of subsection (1) (a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as the vice-president of the court, continue the person in the office for the time necessary to enable the hearing of the matter to be completed.\nA person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n(sec.419-ssec.1) The vice-president of the court holds office until the earlier of the following— the vice-president turns 70; the vice-president resigns by signed notice given to the Governor; the vice-president becomes a member of the Executive Council or Legislative Assembly; the vice-president does any of the following without the prior written consent of the Minister— acts as a director of a corporation engaged in a calling; or acts as an auditor of a corporation engaged in a calling or of a business; participates in any capacity in the management of a corporation engaged in a calling or the management of a business. the vice-president is removed from office under section 423 .\n(sec.419-ssec.2) If the vice-president stops holding the office because of subsection (1) (a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as the vice-president of the court, continue the person in the office for the time necessary to enable the hearing of the matter to be completed.\n(sec.419-ssec.3) A person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n- (a) the vice-president turns 70;\n- (b) the vice-president resigns by signed notice given to the Governor;\n- (c) the vice-president becomes a member of the Executive Council or Legislative Assembly;\n- (d) the vice-president does any of the following without the prior written consent of the Minister— (i) acts as a director of a corporation engaged in a calling; or (ii) acts as an auditor of a corporation engaged in a calling or of a business; (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.\n- (i) acts as a director of a corporation engaged in a calling; or\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business;\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.\n- (e) the vice-president is removed from office under section 423 .\n- (i) acts as a director of a corporation engaged in a calling; or\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business;\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.","sortOrder":604},{"sectionNumber":"sec.420","sectionType":"section","heading":"Acting vice-president","content":"### sec.420 Acting vice-president\n\nThis section applies if the vice-president temporarily can not perform the functions of office.\nThe Governor in Council may, by gazette notice, appoint a person to act as the vice-president.\nThe person must be a person who may be appointed as vice-president under section 418 .\nA person who has acted as vice-president may attend sittings of the court to give a decision in, or otherwise complete, proceedings that were heard by the person while acting as vice-president.\nThe person’s decision in the proceedings is taken to be the decision of the vice-president.\n(sec.420-ssec.1) This section applies if the vice-president temporarily can not perform the functions of office.\n(sec.420-ssec.2) The Governor in Council may, by gazette notice, appoint a person to act as the vice-president.\n(sec.420-ssec.3) The person must be a person who may be appointed as vice-president under section 418 .\n(sec.420-ssec.4) A person who has acted as vice-president may attend sittings of the court to give a decision in, or otherwise complete, proceedings that were heard by the person while acting as vice-president.\n(sec.420-ssec.5) The person’s decision in the proceedings is taken to be the decision of the vice-president.","sortOrder":605},{"sectionNumber":"sec.421","sectionType":"section","heading":"Deputy presidents (court)","content":"### sec.421 Deputy presidents (court)\n\nThe Governor in Council may appoint a person as a deputy president (court) of the court.\nThe person must—\nbe a lawyer of at least 5 years standing; and\nhave either of the following—\nhigh-level experience in business or industry or in a relevant entity;\nsuitable experience, qualifications and standing in the community to be appointed as a deputy president (court).\nThe person can not be—\na member of the Executive Council or Legislative Assembly; or\na director of a corporation engaged in a calling; or\nan auditor of a corporation engaged in a calling or of a business; or\na person who participates in any capacity in the management of—\na corporation engaged in a calling; or\na business.\nIn this section—\nrelevant entity see section 418 (4) .\n(sec.421-ssec.1) The Governor in Council may appoint a person as a deputy president (court) of the court.\n(sec.421-ssec.2) The person must— be a lawyer of at least 5 years standing; and have either of the following— high-level experience in business or industry or in a relevant entity; suitable experience, qualifications and standing in the community to be appointed as a deputy president (court).\n(sec.421-ssec.3) The person can not be— a member of the Executive Council or Legislative Assembly; or a director of a corporation engaged in a calling; or an auditor of a corporation engaged in a calling or of a business; or a person who participates in any capacity in the management of— a corporation engaged in a calling; or a business.\n(sec.421-ssec.4) In this section— relevant entity see section 418 (4) .\n- (a) be a lawyer of at least 5 years standing; and\n- (b) have either of the following— (i) high-level experience in business or industry or in a relevant entity; (ii) suitable experience, qualifications and standing in the community to be appointed as a deputy president (court).\n- (i) high-level experience in business or industry or in a relevant entity;\n- (ii) suitable experience, qualifications and standing in the community to be appointed as a deputy president (court).\n- (i) high-level experience in business or industry or in a relevant entity;\n- (ii) suitable experience, qualifications and standing in the community to be appointed as a deputy president (court).\n- (a) a member of the Executive Council or Legislative Assembly; or\n- (b) a director of a corporation engaged in a calling; or\n- (c) an auditor of a corporation engaged in a calling or of a business; or\n- (d) a person who participates in any capacity in the management of— (i) a corporation engaged in a calling; or (ii) a business.\n- (i) a corporation engaged in a calling; or\n- (ii) a business.\n- (i) a corporation engaged in a calling; or\n- (ii) a business.","sortOrder":606},{"sectionNumber":"sec.422","sectionType":"section","heading":"When deputy president (court) holds office","content":"### sec.422 When deputy president (court) holds office\n\nA deputy president (court) holds office until the earlier of the following—\nthe deputy president turns 70; or\nthe deputy president resigns by signed notice given to the Governor; or\nthe deputy president becomes a member of the Executive Council or Legislative Assembly; or\nthe deputy president does any of the following without the prior written consent of the Minister—\nacts as a director of a corporation engaged in a calling;\nacts as an auditor of a corporation engaged in a calling or of a business;\nparticipates in any capacity in the management of a corporation engaged in a calling or the management of a business; or\nthe deputy president is removed from office under section 423 .\nIf a deputy president (court) stops holding the office because of subsection (1) (a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as a deputy president (court), continue the person in the office for the time necessary to enable the hearing of the matter to be completed.\nA person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n(sec.422-ssec.1) A deputy president (court) holds office until the earlier of the following— the deputy president turns 70; or the deputy president resigns by signed notice given to the Governor; or the deputy president becomes a member of the Executive Council or Legislative Assembly; or the deputy president does any of the following without the prior written consent of the Minister— acts as a director of a corporation engaged in a calling; acts as an auditor of a corporation engaged in a calling or of a business; participates in any capacity in the management of a corporation engaged in a calling or the management of a business; or the deputy president is removed from office under section 423 .\n(sec.422-ssec.2) If a deputy president (court) stops holding the office because of subsection (1) (a) or (b) while hearing a matter, the Governor in Council may, without reappointing the person as a deputy president (court), continue the person in the office for the time necessary to enable the hearing of the matter to be completed.\n(sec.422-ssec.3) A person continued in office under subsection (2) may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed.\n- (a) the deputy president turns 70; or\n- (b) the deputy president resigns by signed notice given to the Governor; or\n- (c) the deputy president becomes a member of the Executive Council or Legislative Assembly; or\n- (d) the deputy president does any of the following without the prior written consent of the Minister— (i) acts as a director of a corporation engaged in a calling; (ii) acts as an auditor of a corporation engaged in a calling or of a business; (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business; or\n- (i) acts as a director of a corporation engaged in a calling;\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business;\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business; or\n- (e) the deputy president is removed from office under section 423 .\n- (i) acts as a director of a corporation engaged in a calling;\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business;\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business; or","sortOrder":607},{"sectionNumber":"sec.423","sectionType":"section","heading":"Removal of vice-president or deputy president (court) from office","content":"### sec.423 Removal of vice-president or deputy president (court) from office\n\nThe Governor may remove the vice-president or a deputy president (court) from office, on an address of the Legislative Assembly, for—\nmental or physical incapacity; or\nmisbehaviour.\n- (a) mental or physical incapacity; or\n- (b) misbehaviour.","sortOrder":608},{"sectionNumber":"ch.11-pt.1-div.3","sectionType":"division","heading":"Jurisdiction and powers of court","content":"## Jurisdiction and powers of court","sortOrder":609},{"sectionNumber":"sec.424","sectionType":"section","heading":"Jurisdiction and powers","content":"### sec.424 Jurisdiction and powers\n\nThe court may—\nperform all functions and exercise all powers given to the court under this Act or another Act; and\nhear and decide, and give its opinion on, a matter referred to it by the commission; and\nhear and decide an offence against this Act, unless this Act provides otherwise; and\nhear and decide appeals from an industrial magistrate’s decision in proceedings for—\nan offence against this Act; or\nrecovery of damages, or other amounts, under this Act; and\nif the court is constituted by the president, exercise the jurisdiction and powers of the Supreme Court to ensure, by prerogative order or other appropriate process—\nthe commission and magistrates exercise their jurisdictions according to law; and\nthe commission and magistrates do not exceed their jurisdictions.\nIn proceedings, the court may—\nmake the decisions it considers appropriate, irrespective of specific relief sought by a party; and\ngive directions about the hearing of a matter.\nThe court’s jurisdiction is not limited, by implication, by a provision of this Act or another Act.\nThe jurisdiction conferred on the court by this Act or another Act is exclusive of the jurisdiction of another court or tribunal, unless this or the other Act provides otherwise.\n(sec.424-ssec.1) The court may— perform all functions and exercise all powers given to the court under this Act or another Act; and hear and decide, and give its opinion on, a matter referred to it by the commission; and hear and decide an offence against this Act, unless this Act provides otherwise; and hear and decide appeals from an industrial magistrate’s decision in proceedings for— an offence against this Act; or recovery of damages, or other amounts, under this Act; and if the court is constituted by the president, exercise the jurisdiction and powers of the Supreme Court to ensure, by prerogative order or other appropriate process— the commission and magistrates exercise their jurisdictions according to law; and the commission and magistrates do not exceed their jurisdictions.\n(sec.424-ssec.2) In proceedings, the court may— make the decisions it considers appropriate, irrespective of specific relief sought by a party; and give directions about the hearing of a matter.\n(sec.424-ssec.3) The court’s jurisdiction is not limited, by implication, by a provision of this Act or another Act.\n(sec.424-ssec.4) The jurisdiction conferred on the court by this Act or another Act is exclusive of the jurisdiction of another court or tribunal, unless this or the other Act provides otherwise.\n- (a) perform all functions and exercise all powers given to the court under this Act or another Act; and\n- (b) hear and decide, and give its opinion on, a matter referred to it by the commission; and\n- (c) hear and decide an offence against this Act, unless this Act provides otherwise; and\n- (d) hear and decide appeals from an industrial magistrate’s decision in proceedings for— (i) an offence against this Act; or (ii) recovery of damages, or other amounts, under this Act; and\n- (i) an offence against this Act; or\n- (ii) recovery of damages, or other amounts, under this Act; and\n- (e) if the court is constituted by the president, exercise the jurisdiction and powers of the Supreme Court to ensure, by prerogative order or other appropriate process— (i) the commission and magistrates exercise their jurisdictions according to law; and (ii) the commission and magistrates do not exceed their jurisdictions.\n- (i) the commission and magistrates exercise their jurisdictions according to law; and\n- (ii) the commission and magistrates do not exceed their jurisdictions.\n- (i) an offence against this Act; or\n- (ii) recovery of damages, or other amounts, under this Act; and\n- (i) the commission and magistrates exercise their jurisdictions according to law; and\n- (ii) the commission and magistrates do not exceed their jurisdictions.\n- (a) make the decisions it considers appropriate, irrespective of specific relief sought by a party; and\n- (b) give directions about the hearing of a matter.","sortOrder":610},{"sectionNumber":"sec.425","sectionType":"section","heading":"Limitations on jurisdiction","content":"### sec.425 Limitations on jurisdiction\n\nThe court does not have jurisdiction to hear and decide a matter about which another Act excludes—\nthe jurisdiction of the court about the matter; or\nthe application of a decision under this Act about the matter.\ns 425 sub 2020 No. 35 s 4\n- (a) the jurisdiction of the court about the matter; or\n- (b) the application of a decision under this Act about the matter.","sortOrder":611},{"sectionNumber":"sec.426","sectionType":"section","heading":"Court’s interpretation","content":"### sec.426 Court’s interpretation\n\nThe court’s interpretation of a provision of this Act, an industrial instrument or permit binds—\nthe commission; and\nmagistrates; and\norganisations and persons who are subject to this Act, or bound by the industrial instrument or permit.\n- (a) the commission; and\n- (b) magistrates; and\n- (c) organisations and persons who are subject to this Act, or bound by the industrial instrument or permit.","sortOrder":612},{"sectionNumber":"sec.427","sectionType":"section","heading":"Court may refuse to proceed","content":"### sec.427 Court may refuse to proceed\n\nThis section applies if—\nproceedings before the court relate to an industrial instrument; or\nan industrial instrument is sought in proceedings before the court.\nThe court may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are—\ninvolved in an industrial dispute; or\ncontravening this Act or a decision.\nSubsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.\n(sec.427-ssec.1) This section applies if— proceedings before the court relate to an industrial instrument; or an industrial instrument is sought in proceedings before the court.\n(sec.427-ssec.2) The court may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are— involved in an industrial dispute; or contravening this Act or a decision.\n(sec.427-ssec.3) Subsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.\n- (a) proceedings before the court relate to an industrial instrument; or\n- (b) an industrial instrument is sought in proceedings before the court.\n- (a) involved in an industrial dispute; or\n- (b) contravening this Act or a decision.","sortOrder":613},{"sectionNumber":"sec.428","sectionType":"section","heading":"Contempt of court","content":"### sec.428 Contempt of court\n\nThe court has all the protection, powers, jurisdiction and authority of the Supreme Court for a contempt of court.\nThe court must comply with the Uniform Civil Procedure Rules 1999 relating to contempt of court, with necessary changes.\nThe registrar or another officer of the court may apply to the court for an order that a person be committed to prison for contempt of court.\nThe court’s jurisdiction to punish a contempt of the court may be exercised on the president’s own initiative.\nThe court has jurisdiction to punish an act or omission as a contempt of the court in addition to any penalty that may be imposed for the act or omission.\n(sec.428-ssec.1) The court has all the protection, powers, jurisdiction and authority of the Supreme Court for a contempt of court.\n(sec.428-ssec.2) The court must comply with the Uniform Civil Procedure Rules 1999 relating to contempt of court, with necessary changes.\n(sec.428-ssec.3) The registrar or another officer of the court may apply to the court for an order that a person be committed to prison for contempt of court.\n(sec.428-ssec.4) The court’s jurisdiction to punish a contempt of the court may be exercised on the president’s own initiative.\n(sec.428-ssec.5) The court has jurisdiction to punish an act or omission as a contempt of the court in addition to any penalty that may be imposed for the act or omission.","sortOrder":614},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Industrial relations commission","content":"# Industrial relations commission","sortOrder":615},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":616},{"sectionNumber":"sec.429","sectionType":"section","heading":"Continuance","content":"### sec.429 Continuance\n\nThe Queensland Industrial Relations Commission (the commission ), is established as a court of record in Queensland.","sortOrder":617},{"sectionNumber":"sec.430","sectionType":"section","heading":"Official seal","content":"### sec.430 Official seal\n\nThe commission has an official seal that must be judicially noticed.","sortOrder":618},{"sectionNumber":"sec.431","sectionType":"section","heading":"Finances of commission","content":"### sec.431 Finances of commission\n\nThe commission is part of the department for the Financial Accountability Act 2009 .","sortOrder":619},{"sectionNumber":"sec.432","sectionType":"section","heading":"Composition","content":"### sec.432 Composition\n\nThe commission consists of the following members—\nthe president;\nthe following persons (each a commissioner )—\na person holding office as the vice-president;\na person holding office as a deputy president;\na person holding office as an industrial commissioner.\nThe full bench of the commission (the full bench ) is constituted by—\nfor chapter 12 , part 16 or for the hearing of an appeal—a presidential member and 2 or more other members; or\notherwise—3 or more members.\nThe commission other than the full bench of the commission is constituted by a commissioner sitting alone.\nMore than 1 full bench or commission may sit at the same time.\nThe commission’s jurisdiction, or existence, is not affected by a vacancy in an office of the commission.\n(sec.432-ssec.1) The commission consists of the following members— the president; the following persons (each a commissioner )— a person holding office as the vice-president; a person holding office as a deputy president; a person holding office as an industrial commissioner.\n(sec.432-ssec.2) The full bench of the commission (the full bench ) is constituted by— for chapter 12 , part 16 or for the hearing of an appeal—a presidential member and 2 or more other members; or otherwise—3 or more members.\n(sec.432-ssec.3) The commission other than the full bench of the commission is constituted by a commissioner sitting alone.\n(sec.432-ssec.4) More than 1 full bench or commission may sit at the same time.\n(sec.432-ssec.5) The commission’s jurisdiction, or existence, is not affected by a vacancy in an office of the commission.\n- (a) the president;\n- (b) the following persons (each a commissioner )— (i) a person holding office as the vice-president; (ii) a person holding office as a deputy president; (iii) a person holding office as an industrial commissioner.\n- (i) a person holding office as the vice-president;\n- (ii) a person holding office as a deputy president;\n- (iii) a person holding office as an industrial commissioner.\n- (i) a person holding office as the vice-president;\n- (ii) a person holding office as a deputy president;\n- (iii) a person holding office as an industrial commissioner.\n- (a) for chapter 12 , part 16 or for the hearing of an appeal—a presidential member and 2 or more other members; or\n- (b) otherwise—3 or more members.","sortOrder":620},{"sectionNumber":"sec.433","sectionType":"section","heading":"Decisions of full bench","content":"### sec.433 Decisions of full bench\n\nA decision of the full bench is the decision of the majority of its members.","sortOrder":621},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Members","content":"## Members","sortOrder":622},{"sectionNumber":"sec.434","sectionType":"section","heading":"President of the commission","content":"### sec.434 President of the commission\n\nThe president of the court is also the president of the commission.\nThe president’s service as the president of the commission does not entitle the president to a salary or allowance in addition to the salary or allowance received as the holder of the office of the president of the court.\n(sec.434-ssec.1) The president of the court is also the president of the commission.\n(sec.434-ssec.2) The president’s service as the president of the commission does not entitle the president to a salary or allowance in addition to the salary or allowance received as the holder of the office of the president of the court.","sortOrder":623},{"sectionNumber":"sec.435","sectionType":"section","heading":"President’s administrative functions for the commission","content":"### sec.435 President’s administrative functions for the commission\n\nThe president is responsible for the administration of the commission and the exercise of the commission’s jurisdiction and powers.\nWithout limiting subsection (1) , the president is responsible for deciding the member or members who is or are to constitute the commission, including a full bench of the commission, for a matter or proceeding.\nThe president has the power to do all things necessary or convenient to be done to perform responsibilities under subsection (1) or (2) .\nThe president may delegate a function mentioned in subsection (1) or (2) —\nto the vice president; or\nto a deputy president; or\nif the vice president or a deputy president is not available—to 1 or more commissioners.\nA commissioner must comply with a direction of the president, vice president, a deputy president or a commissioner given for the performance of a function under subsection (1) or (2) .\nThe president may—\nestablish panels of members; and\nassign an industry or group of industries to each panel.\nThe powers of the commission in relation to an industry, other than the powers of the full bench, may only be exercised by—\na member of the panel to which the industry is assigned; or\nif the president has assigned a particular matter to a member—the member.\nIf practicable, a panel must consist of at least 1 presidential member and 1 commissioner.\nA member of the commission may be a member of more than 1 panel.\n(sec.435-ssec.1) The president is responsible for the administration of the commission and the exercise of the commission’s jurisdiction and powers.\n(sec.435-ssec.2) Without limiting subsection (1) , the president is responsible for deciding the member or members who is or are to constitute the commission, including a full bench of the commission, for a matter or proceeding.\n(sec.435-ssec.3) The president has the power to do all things necessary or convenient to be done to perform responsibilities under subsection (1) or (2) .\n(sec.435-ssec.4) The president may delegate a function mentioned in subsection (1) or (2) — to the vice president; or to a deputy president; or if the vice president or a deputy president is not available—to 1 or more commissioners.\n(sec.435-ssec.5) A commissioner must comply with a direction of the president, vice president, a deputy president or a commissioner given for the performance of a function under subsection (1) or (2) .\n(sec.435-ssec.6) The president may— establish panels of members; and assign an industry or group of industries to each panel.\n(sec.435-ssec.7) The powers of the commission in relation to an industry, other than the powers of the full bench, may only be exercised by— a member of the panel to which the industry is assigned; or if the president has assigned a particular matter to a member—the member.\n(sec.435-ssec.8) If practicable, a panel must consist of at least 1 presidential member and 1 commissioner.\n(sec.435-ssec.9) A member of the commission may be a member of more than 1 panel.\n- (a) to the vice president; or\n- (b) to a deputy president; or\n- (c) if the vice president or a deputy president is not available—to 1 or more commissioners.\n- (a) establish panels of members; and\n- (b) assign an industry or group of industries to each panel.\n- (a) a member of the panel to which the industry is assigned; or\n- (b) if the president has assigned a particular matter to a member—the member.","sortOrder":624},{"sectionNumber":"sec.436","sectionType":"section","heading":"Other functions of the president","content":"### sec.436 Other functions of the president\n\nThe functions of the president in relation to the commission include—\ndeveloping performance measures that apply to members of the commission in carrying out its functions; and\ndeveloping a code of conduct for—\nmembers of the commission; and\npersons appearing before the commission.\n- (a) developing performance measures that apply to members of the commission in carrying out its functions; and\n- (b) developing a code of conduct for— (i) members of the commission; and (ii) persons appearing before the commission.\n- (i) members of the commission; and\n- (ii) persons appearing before the commission.\n- (i) members of the commission; and\n- (ii) persons appearing before the commission.","sortOrder":625},{"sectionNumber":"sec.437","sectionType":"section","heading":"President to consider efficiencies that may be achieved by using dual commissioners","content":"### sec.437 President to consider efficiencies that may be achieved by using dual commissioners\n\nIn administering the commission, the president must consider whether the following would be achieved if a dual commissioner were to be given functions and powers in relation to a particular matter—\nan improvement in the efficiency of the commission; and\nan improvement in the cooperation between the commission and the Australian commission.\n- (a) an improvement in the efficiency of the commission; and\n- (b) an improvement in the cooperation between the commission and the Australian commission.","sortOrder":626},{"sectionNumber":"sec.438","sectionType":"section","heading":"Reallocation of commission’s work","content":"### sec.438 Reallocation of commission’s work\n\nThe president may reallocate the matter of proceedings before a commission constituted by 1 or more of the members to a commission constituted by—\nthe same member or members together with another member or other members; or\na different member or different members.\nThe commission to which the matter is reallocated may continue to hear and decide the matter, without re-hearing evidence given before the reallocation.\n(sec.438-ssec.1) The president may reallocate the matter of proceedings before a commission constituted by 1 or more of the members to a commission constituted by— the same member or members together with another member or other members; or a different member or different members.\n(sec.438-ssec.2) The commission to which the matter is reallocated may continue to hear and decide the matter, without re-hearing evidence given before the reallocation.\n- (a) the same member or members together with another member or other members; or\n- (b) a different member or different members.","sortOrder":627},{"sectionNumber":"sec.439","sectionType":"section","heading":"Vice-president of the commission","content":"### sec.439 Vice-president of the commission\n\nThe vice-president of the court is also the vice-president of the commission.\nThe vice-president’s service as the vice-president of the commission does not entitle the vice-president to a salary or allowance in addition to the salary or allowance received as the holder of the office of the vice-president of the court.\n(sec.439-ssec.1) The vice-president of the court is also the vice-president of the commission.\n(sec.439-ssec.2) The vice-president’s service as the vice-president of the commission does not entitle the vice-president to a salary or allowance in addition to the salary or allowance received as the holder of the office of the vice-president of the court.","sortOrder":628},{"sectionNumber":"sec.440","sectionType":"section","heading":"Deputy presidents (court) also deputy presidents of the commission","content":"### sec.440 Deputy presidents (court) also deputy presidents of the commission\n\nA deputy president (court) is also a deputy president of the commission.\nThe service of a deputy president (court) as a deputy president of the commission does not entitle the deputy president (court) to a salary or allowance in addition to the salary or allowance received as the holder of the office of a deputy president (court).\n(sec.440-ssec.1) A deputy president (court) is also a deputy president of the commission.\n(sec.440-ssec.2) The service of a deputy president (court) as a deputy president of the commission does not entitle the deputy president (court) to a salary or allowance in addition to the salary or allowance received as the holder of the office of a deputy president (court).","sortOrder":629},{"sectionNumber":"sec.441","sectionType":"section","heading":"Appointment of other deputy presidents of the commission","content":"### sec.441 Appointment of other deputy presidents of the commission\n\nThe Governor in Council may, by gazette notice, appoint a person as a deputy president of the commission.\nThe person must be a person who has the experience, qualifications and standing to be appointed as an industrial commissioner under section 442 (2) .\n(sec.441-ssec.1) The Governor in Council may, by gazette notice, appoint a person as a deputy president of the commission.\n(sec.441-ssec.2) The person must be a person who has the experience, qualifications and standing to be appointed as an industrial commissioner under section 442 (2) .","sortOrder":630},{"sectionNumber":"sec.442","sectionType":"section","heading":"Industrial commissioners","content":"### sec.442 Industrial commissioners\n\nThe Governor in Council may, by gazette notice, appoint a person as an industrial commissioner.\nThe person must have—\na high level of experience in business or industry or a relevant entity; or\nsuitable experience, qualifications and standing in the community to be appointed as an industrial commissioner.\nIn this section—\nrelevant entity means the following—\nan organisation, a State peak council or another entity that represents the interests of employers or has members who are employers;\na department;\nan entity established—\nunder an Act for a public or State purposes; or\nunder State authorisation for a public or State purpose.\ns 442 amd 2022 No. 27 s 42\n(sec.442-ssec.1) The Governor in Council may, by gazette notice, appoint a person as an industrial commissioner.\n(sec.442-ssec.2) The person must have— a high level of experience in business or industry or a relevant entity; or suitable experience, qualifications and standing in the community to be appointed as an industrial commissioner.\n(sec.442-ssec.3) In this section— relevant entity means the following— an organisation, a State peak council or another entity that represents the interests of employers or has members who are employers; a department; an entity established— under an Act for a public or State purposes; or under State authorisation for a public or State purpose.\n- (a) a high level of experience in business or industry or a relevant entity; or\n- (b) suitable experience, qualifications and standing in the community to be appointed as an industrial commissioner.\n- (a) an organisation, a State peak council or another entity that represents the interests of employers or has members who are employers;\n- (b) a department;\n- (c) an entity established— (i) under an Act for a public or State purposes; or (ii) under State authorisation for a public or State purpose.\n- (i) under an Act for a public or State purposes; or\n- (ii) under State authorisation for a public or State purpose.\n- (i) under an Act for a public or State purposes; or\n- (ii) under State authorisation for a public or State purpose.","sortOrder":631},{"sectionNumber":"sec.443","sectionType":"section","heading":"When deputy president or industrial commissioner holds office","content":"### sec.443 When deputy president or industrial commissioner holds office\n\nA relevant commissioner holds office until the earlier of the following—\nthe relevant commissioner turns 70;\nthe relevant commissioner resigns by signed notice given to the Governor;\nthe relevant commissioner becomes a member of the Executive Council or the Legislative Assembly;\nthe relevant commissioner becomes a person mentioned in section 445 (b) , other than with the Minister’s written approval;\nthe relevant commissioner is removed from office under section 446 .\nHowever, if a relevant commissioner stops holding office because of subsection (1) (a) or (b) while investigating or hearing a matter, the Governor in Council may, without reappointing the person as a relevant commissioner, continue the person in office for the time necessary to enable the investigation or hearing to be completed.\nThe person continued in office may exercise the jurisdiction and powers of the commission necessary or convenient for the investigation or hearing to be completed.\n(sec.443-ssec.1) A relevant commissioner holds office until the earlier of the following— the relevant commissioner turns 70; the relevant commissioner resigns by signed notice given to the Governor; the relevant commissioner becomes a member of the Executive Council or the Legislative Assembly; the relevant commissioner becomes a person mentioned in section 445 (b) , other than with the Minister’s written approval; the relevant commissioner is removed from office under section 446 .\n(sec.443-ssec.2) However, if a relevant commissioner stops holding office because of subsection (1) (a) or (b) while investigating or hearing a matter, the Governor in Council may, without reappointing the person as a relevant commissioner, continue the person in office for the time necessary to enable the investigation or hearing to be completed.\n(sec.443-ssec.3) The person continued in office may exercise the jurisdiction and powers of the commission necessary or convenient for the investigation or hearing to be completed.\n- (a) the relevant commissioner turns 70;\n- (b) the relevant commissioner resigns by signed notice given to the Governor;\n- (c) the relevant commissioner becomes a member of the Executive Council or the Legislative Assembly;\n- (d) the relevant commissioner becomes a person mentioned in section 445 (b) , other than with the Minister’s written approval;\n- (e) the relevant commissioner is removed from office under section 446 .","sortOrder":632},{"sectionNumber":"sec.444","sectionType":"section","heading":"Acting deputy president or industrial commissioner","content":"### sec.444 Acting deputy president or industrial commissioner\n\nThis section applies if a relevant commissioner temporarily can not perform the functions of office.\nThe Governor in Council may, by gazette notice, appoint a person to act as the relevant commissioner.\n(sec.444-ssec.1) This section applies if a relevant commissioner temporarily can not perform the functions of office.\n(sec.444-ssec.2) The Governor in Council may, by gazette notice, appoint a person to act as the relevant commissioner.","sortOrder":633},{"sectionNumber":"sec.445","sectionType":"section","heading":"Restrictions on appointment","content":"### sec.445 Restrictions on appointment\n\nThe following persons can not be appointed as a relevant commissioner—\na member of the Executive Council or Legislative Assembly;\na person who—\nacts as a director of a corporation engaged in a calling; or\nacts as an auditor of a corporation engaged in a calling or of a business; or\nparticipates in any capacity in the management of a corporation engaged in a calling or the management of a business.\n- (a) a member of the Executive Council or Legislative Assembly;\n- (b) a person who— (i) acts as a director of a corporation engaged in a calling; or (ii) acts as an auditor of a corporation engaged in a calling or of a business; or (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.\n- (i) acts as a director of a corporation engaged in a calling; or\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business; or\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.\n- (i) acts as a director of a corporation engaged in a calling; or\n- (ii) acts as an auditor of a corporation engaged in a calling or of a business; or\n- (iii) participates in any capacity in the management of a corporation engaged in a calling or the management of a business.","sortOrder":634},{"sectionNumber":"sec.446","sectionType":"section","heading":"Removal of deputy president or industrial commissioner from office","content":"### sec.446 Removal of deputy president or industrial commissioner from office\n\nThe Governor may remove a deputy president appointed under section 441 or an industrial commissioner from office, on an address of the Legislative Assembly, for—\nmental or physical incapacity; or\nmisbehaviour.\n- (a) mental or physical incapacity; or\n- (b) misbehaviour.","sortOrder":635},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":"The commission","content":"## The commission","sortOrder":636},{"sectionNumber":"sec.447","sectionType":"section","heading":"Commission’s functions","content":"### sec.447 Commission’s functions\n\nThe commission’s functions include the following—\nestablishing and maintaining a system of non-discriminatory modern awards that, together with the Queensland Employment Standards, provide for fair and just conditions of employment for employees;\nsupervising the bargaining of agreements;\ncertifying agreements;\nmaking bargaining awards;\nmaking modern awards;\npromoting cooperative and productive workplace relations;\ntaking measures to prevent disputes;\nassisting parties to an industrial cause in negotiating or resolving a matter relevant to the cause, whether or not the matter is within the jurisdiction of the commission;\nresolving disputes by conciliation of industrial matters and, if necessary, by arbitration or making an order;\nresolving disputes in the negotiation of agreements—\nby conciliation; or\nby arbitration, including by the making of determinations;\nresolving disputes over union coverage by making representation orders;\nresolving disputes by performing the functions conferred on the commission under a referral agreement;\nresolving other disputes that threaten to harm the community or the economy by conciliation and, if necessary, by arbitration;\ndealing with—\napplications brought under this Act or another Act, including for public service appeals; or\nclaims relating to dismissals;\nmaking declarations about industrial matters;\nany other function conferred on the commission under this Act or another Act.\nThe commission must perform its functions in a way that—\nis consistent with the objects of this Act; and\navoids unnecessary technicalities and facilitates the fair and practical conduct of proceedings under this Act.\ns 447 amd 2020 No. 35 s 5\n(sec.447-ssec.1) The commission’s functions include the following— establishing and maintaining a system of non-discriminatory modern awards that, together with the Queensland Employment Standards, provide for fair and just conditions of employment for employees; supervising the bargaining of agreements; certifying agreements; making bargaining awards; making modern awards; promoting cooperative and productive workplace relations; taking measures to prevent disputes; assisting parties to an industrial cause in negotiating or resolving a matter relevant to the cause, whether or not the matter is within the jurisdiction of the commission; resolving disputes by conciliation of industrial matters and, if necessary, by arbitration or making an order; resolving disputes in the negotiation of agreements— by conciliation; or by arbitration, including by the making of determinations; resolving disputes over union coverage by making representation orders; resolving disputes by performing the functions conferred on the commission under a referral agreement; resolving other disputes that threaten to harm the community or the economy by conciliation and, if necessary, by arbitration; dealing with— applications brought under this Act or another Act, including for public service appeals; or claims relating to dismissals; making declarations about industrial matters; any other function conferred on the commission under this Act or another Act.\n(sec.447-ssec.2) The commission must perform its functions in a way that— is consistent with the objects of this Act; and avoids unnecessary technicalities and facilitates the fair and practical conduct of proceedings under this Act.\n- (a) establishing and maintaining a system of non-discriminatory modern awards that, together with the Queensland Employment Standards, provide for fair and just conditions of employment for employees;\n- (b) supervising the bargaining of agreements;\n- (c) certifying agreements;\n- (d) making bargaining awards;\n- (e) making modern awards;\n- (f) promoting cooperative and productive workplace relations;\n- (g) taking measures to prevent disputes;\n- (h) assisting parties to an industrial cause in negotiating or resolving a matter relevant to the cause, whether or not the matter is within the jurisdiction of the commission;\n- (i) resolving disputes by conciliation of industrial matters and, if necessary, by arbitration or making an order;\n- (j) resolving disputes in the negotiation of agreements— (i) by conciliation; or (ii) by arbitration, including by the making of determinations;\n- (i) by conciliation; or\n- (ii) by arbitration, including by the making of determinations;\n- (k) resolving disputes over union coverage by making representation orders;\n- (l) resolving disputes by performing the functions conferred on the commission under a referral agreement;\n- (m) resolving other disputes that threaten to harm the community or the economy by conciliation and, if necessary, by arbitration;\n- (n) dealing with— (i) applications brought under this Act or another Act, including for public service appeals; or (ii) claims relating to dismissals;\n- (i) applications brought under this Act or another Act, including for public service appeals; or\n- (ii) claims relating to dismissals;\n- (o) making declarations about industrial matters;\n- (p) any other function conferred on the commission under this Act or another Act.\n- (i) by conciliation; or\n- (ii) by arbitration, including by the making of determinations;\n- (i) applications brought under this Act or another Act, including for public service appeals; or\n- (ii) claims relating to dismissals;\n- (a) is consistent with the objects of this Act; and\n- (b) avoids unnecessary technicalities and facilitates the fair and practical conduct of proceedings under this Act.","sortOrder":637},{"sectionNumber":"sec.448","sectionType":"section","heading":"Commission’s jurisdiction","content":"### sec.448 Commission’s jurisdiction\n\nThe commission may hear and decide the following matters—\na question of law or fact brought before it or that it considers expedient to hear and decide for the regulation of a calling;\nall questions—\narising out of an industrial matter; or\ninvolving deciding the rights and duties of a person in relation to an industrial matter; or\nit considers expedient to hear and decide about an industrial matter;\nan industrial dispute referred to the commission under this Act or another Act by a member who has held a conference at which no agreement has been reached;\nall appeals properly made to it under this Act or another Act;\nall matters referred to the commission under this Act or another Act.\nThe commission may regulate a calling by an award—\non application by an organisation, an employer, or 20 employees (who are not members of an employee organisation and not covered by an award) in a calling; or\non application by the Minister; or\non its own initiative.\nThe commission—\nmay hold an inquiry into or about an industrial matter on application by an interested person or on its own initiative; and\nmust hold an inquiry into or about an industrial matter if the Minister, by notice, directs.\nThe commission must report the result of the inquiry, and make recommendations, to the Minister.\nThe commission may consolidate into 1 award all awards that apply to or affect an employer or class of employer in a calling, or the members of an organisation employed by the same employer or class of employer—\non application by an organisation or an employer; or\nif the Minister, by notice, directs.\nWhen exercising power under subsection (5) , the commission may make the amendments it considers necessary or convenient to give effect to the consolidated award.\nNo provision of this Act or another Act limits, by implication, the commission’s jurisdiction.\nIn this section—\nclass includes a section of a class.\n(sec.448-ssec.1) The commission may hear and decide the following matters— a question of law or fact brought before it or that it considers expedient to hear and decide for the regulation of a calling; all questions— arising out of an industrial matter; or involving deciding the rights and duties of a person in relation to an industrial matter; or it considers expedient to hear and decide about an industrial matter; an industrial dispute referred to the commission under this Act or another Act by a member who has held a conference at which no agreement has been reached; all appeals properly made to it under this Act or another Act; all matters referred to the commission under this Act or another Act.\n(sec.448-ssec.2) The commission may regulate a calling by an award— on application by an organisation, an employer, or 20 employees (who are not members of an employee organisation and not covered by an award) in a calling; or on application by the Minister; or on its own initiative.\n(sec.448-ssec.3) The commission— may hold an inquiry into or about an industrial matter on application by an interested person or on its own initiative; and must hold an inquiry into or about an industrial matter if the Minister, by notice, directs.\n(sec.448-ssec.4) The commission must report the result of the inquiry, and make recommendations, to the Minister.\n(sec.448-ssec.5) The commission may consolidate into 1 award all awards that apply to or affect an employer or class of employer in a calling, or the members of an organisation employed by the same employer or class of employer— on application by an organisation or an employer; or if the Minister, by notice, directs.\n(sec.448-ssec.6) When exercising power under subsection (5) , the commission may make the amendments it considers necessary or convenient to give effect to the consolidated award.\n(sec.448-ssec.7) No provision of this Act or another Act limits, by implication, the commission’s jurisdiction.\n(sec.448-ssec.8) In this section— class includes a section of a class.\n- (a) a question of law or fact brought before it or that it considers expedient to hear and decide for the regulation of a calling;\n- (b) all questions— (i) arising out of an industrial matter; or (ii) involving deciding the rights and duties of a person in relation to an industrial matter; or (iii) it considers expedient to hear and decide about an industrial matter;\n- (i) arising out of an industrial matter; or\n- (ii) involving deciding the rights and duties of a person in relation to an industrial matter; or\n- (iii) it considers expedient to hear and decide about an industrial matter;\n- (c) an industrial dispute referred to the commission under this Act or another Act by a member who has held a conference at which no agreement has been reached;\n- (d) all appeals properly made to it under this Act or another Act;\n- (e) all matters referred to the commission under this Act or another Act.\n- (i) arising out of an industrial matter; or\n- (ii) involving deciding the rights and duties of a person in relation to an industrial matter; or\n- (iii) it considers expedient to hear and decide about an industrial matter;\n- (a) on application by an organisation, an employer, or 20 employees (who are not members of an employee organisation and not covered by an award) in a calling; or\n- (b) on application by the Minister; or\n- (c) on its own initiative.\n- (a) may hold an inquiry into or about an industrial matter on application by an interested person or on its own initiative; and\n- (b) must hold an inquiry into or about an industrial matter if the Minister, by notice, directs.\n- (a) on application by an organisation or an employer; or\n- (b) if the Minister, by notice, directs.","sortOrder":638},{"sectionNumber":"sec.449","sectionType":"section","heading":"Limitations on jurisdiction","content":"### sec.449 Limitations on jurisdiction\n\nThe commission does not have jurisdiction to hear and decide a matter about which another Act excludes—\nthe jurisdiction of the commission about the matter; or\nthe application of a decision under this Act about the matter.\ns 449 sub 2020 No. 35 s 6\n- (a) the jurisdiction of the commission about the matter; or\n- (b) the application of a decision under this Act about the matter.","sortOrder":639},{"sectionNumber":"sec.450","sectionType":"section","heading":"Commission’s jurisdiction is exclusive","content":"### sec.450 Commission’s jurisdiction is exclusive\n\nThe original and appellate jurisdiction conferred on the commission by this Act or another an Act is exclusive of the jurisdiction of the Supreme Court or another court or tribunal, unless otherwise prescribed under this Act or the other Act.","sortOrder":640},{"sectionNumber":"sec.451","sectionType":"section","heading":"General powers","content":"### sec.451 General powers\n\nThe commission has the power to do all things necessary or convenient to be done for the performance of its functions.\nWithout limiting subsection (1) , the commission in proceedings may—\ngive directions about the hearing of a matter; or\nmake a decision it considers appropriate, irrespective of the relief sought by a party; or\nmake an order it considers appropriate.\nThe commission may, by general order or for a particular case, delegate to the registrar—\nthe working out of a decision of the commission to implement the decision; or\na function relating to the decision, including, for example—\nthe giving of directions; or\nthe making of orders; or\nthe preparation of rosters and schedules; or\na similar function it considers appropriate.\nThe full bench may, to assist it in the resolution of proceedings—\nrefer the whole or part of a question or matter before it to the commission—\nfor investigation by the commission and the preparation of a report on the investigation; or\nfor another action it decides; or\ndirect 1 or more of its members to carry out an investigation or inspection and prepare a report on the investigation or inspection.\nThe commission or member must comply with the reference or direction.\n(sec.451-ssec.1) The commission has the power to do all things necessary or convenient to be done for the performance of its functions.\n(sec.451-ssec.2) Without limiting subsection (1) , the commission in proceedings may— give directions about the hearing of a matter; or make a decision it considers appropriate, irrespective of the relief sought by a party; or make an order it considers appropriate.\n(sec.451-ssec.3) The commission may, by general order or for a particular case, delegate to the registrar— the working out of a decision of the commission to implement the decision; or a function relating to the decision, including, for example— the giving of directions; or the making of orders; or the preparation of rosters and schedules; or a similar function it considers appropriate.\n(sec.451-ssec.4) The full bench may, to assist it in the resolution of proceedings— refer the whole or part of a question or matter before it to the commission— for investigation by the commission and the preparation of a report on the investigation; or for another action it decides; or direct 1 or more of its members to carry out an investigation or inspection and prepare a report on the investigation or inspection.\n(sec.451-ssec.5) The commission or member must comply with the reference or direction.\n- (a) give directions about the hearing of a matter; or\n- (b) make a decision it considers appropriate, irrespective of the relief sought by a party; or\n- (c) make an order it considers appropriate.\n- (a) the working out of a decision of the commission to implement the decision; or\n- (b) a function relating to the decision, including, for example— (i) the giving of directions; or (ii) the making of orders; or (iii) the preparation of rosters and schedules; or (iv) a similar function it considers appropriate.\n- (i) the giving of directions; or\n- (ii) the making of orders; or\n- (iii) the preparation of rosters and schedules; or\n- (iv) a similar function it considers appropriate.\n- (i) the giving of directions; or\n- (ii) the making of orders; or\n- (iii) the preparation of rosters and schedules; or\n- (iv) a similar function it considers appropriate.\n- (a) refer the whole or part of a question or matter before it to the commission— (i) for investigation by the commission and the preparation of a report on the investigation; or (ii) for another action it decides; or\n- (i) for investigation by the commission and the preparation of a report on the investigation; or\n- (ii) for another action it decides; or\n- (b) direct 1 or more of its members to carry out an investigation or inspection and prepare a report on the investigation or inspection.\n- (i) for investigation by the commission and the preparation of a report on the investigation; or\n- (ii) for another action it decides; or","sortOrder":641},{"sectionNumber":"sec.452","sectionType":"section","heading":"Exercise of commission’s powers","content":"### sec.452 Exercise of commission’s powers\n\nThe commission may, unless this Act provides otherwise, exercise its powers—\non its own initiative; or\non application by—\na party to proceedings in which the power is to be exercised; or\nan organisation.\nThe commission may, on its own initiative—\njoin 2 or more matters to be heard and decided by the commission, whether any of the matters arise under this Act or another Act; and\nhear and decide the matters in 1 proceeding.\n(sec.452-ssec.1) The commission may, unless this Act provides otherwise, exercise its powers— on its own initiative; or on application by— a party to proceedings in which the power is to be exercised; or an organisation.\n(sec.452-ssec.2) The commission may, on its own initiative— join 2 or more matters to be heard and decided by the commission, whether any of the matters arise under this Act or another Act; and hear and decide the matters in 1 proceeding.\n- (a) on its own initiative; or\n- (b) on application by— (i) a party to proceedings in which the power is to be exercised; or (ii) an organisation.\n- (i) a party to proceedings in which the power is to be exercised; or\n- (ii) an organisation.\n- (i) a party to proceedings in which the power is to be exercised; or\n- (ii) an organisation.\n- (a) join 2 or more matters to be heard and decided by the commission, whether any of the matters arise under this Act or another Act; and\n- (b) hear and decide the matters in 1 proceeding.","sortOrder":642},{"sectionNumber":"sec.453","sectionType":"section","heading":"Powers not limited","content":"### sec.453 Powers not limited\n\nThis part does not limit, by implication, another power given to, or possessed by, the commission under this Act or another Act or law.","sortOrder":643},{"sectionNumber":"sec.454","sectionType":"section","heading":"Commission to prevent discrimination in employment","content":"### sec.454 Commission to prevent discrimination in employment\n\nIn exercising a power, the commission must not allow discrimination in employment.","sortOrder":644},{"sectionNumber":"sec.455","sectionType":"section","heading":"Commission may refuse to proceed","content":"### sec.455 Commission may refuse to proceed\n\nThis section applies if—\nproceedings before the commission relate to an industrial instrument; or\nan industrial instrument is sought in proceedings before the commission.\nThe commission may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are—\ninvolved in an industrial dispute; or\ncontravening this Act or a decision.\nSubsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.\n(sec.455-ssec.1) This section applies if— proceedings before the commission relate to an industrial instrument; or an industrial instrument is sought in proceedings before the commission.\n(sec.455-ssec.2) The commission may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are— involved in an industrial dispute; or contravening this Act or a decision.\n(sec.455-ssec.3) Subsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.\n- (a) proceedings before the commission relate to an industrial instrument; or\n- (b) an industrial instrument is sought in proceedings before the commission.\n- (a) involved in an industrial dispute; or\n- (b) contravening this Act or a decision.","sortOrder":645},{"sectionNumber":"sec.456","sectionType":"section","heading":"Commission may stay or dismiss applications in certain circumstances","content":"### sec.456 Commission may stay or dismiss applications in certain circumstances\n\nThe commission may stay or dismiss an application or complaint if the act or omission the subject of the application or complaint is being, or has been, dealt with by the commission in another proceeding.\nThis section applies despite a provision of this Act or another Act that requires the commission to deal with the application or complaint.\nA time limit for doing anything under this Act or another Act in relation to the application or complaint does not run while the application or complaint is stayed.\n(sec.456-ssec.1) The commission may stay or dismiss an application or complaint if the act or omission the subject of the application or complaint is being, or has been, dealt with by the commission in another proceeding.\n(sec.456-ssec.2) This section applies despite a provision of this Act or another Act that requires the commission to deal with the application or complaint.\n(sec.456-ssec.3) A time limit for doing anything under this Act or another Act in relation to the application or complaint does not run while the application or complaint is stayed.","sortOrder":646},{"sectionNumber":"sec.457","sectionType":"section","heading":"Associates","content":"### sec.457 Associates\n\nThe Chief Justice may, on the recommendation of the president or a member authorised by the president, appoint an associate to the president.\nThe president may appoint associates to the vice-president, a deputy president or a commissioner.\nAn associate holds office on the wages and conditions decided by the Minister.\nAn associate is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 457 amd 2022 No. 34 s 365 sch 3\n(sec.457-ssec.1) The Chief Justice may, on the recommendation of the president or a member authorised by the president, appoint an associate to the president.\n(sec.457-ssec.1A) The president may appoint associates to the vice-president, a deputy president or a commissioner.\n(sec.457-ssec.2) An associate holds office on the wages and conditions decided by the Minister.\n(sec.457-ssec.3) An associate is to be appointed under this Act, and not under the Public Sector Act 2022 .","sortOrder":647},{"sectionNumber":"ch.11-pt.2-div.4","sectionType":"division","heading":"Particular powers of commission","content":"## Particular powers of commission","sortOrder":648},{"sectionNumber":"sec.458","sectionType":"section","heading":"Power to make general rulings","content":"### sec.458 Power to make general rulings\n\nThe full bench may make general rulings about—\nan industrial matter for employees bound by an industrial instrument if multiple inquiries into the same matter are likely; or\na Queensland minimum wage for all employees.\nThe full bench must ensure a general ruling about a Queensland minimum wage for all employees is made at least once each year.\nBefore conducting a hearing about the ruling, the full bench must—\ngive reasonable notice, in the way it considers appropriate, of its intention to conduct the hearing; and\ngive all interested persons an opportunity to be heard.\n(sec.458-ssec.1) The full bench may make general rulings about— an industrial matter for employees bound by an industrial instrument if multiple inquiries into the same matter are likely; or a Queensland minimum wage for all employees.\n(sec.458-ssec.2) The full bench must ensure a general ruling about a Queensland minimum wage for all employees is made at least once each year.\n(sec.458-ssec.3) Before conducting a hearing about the ruling, the full bench must— give reasonable notice, in the way it considers appropriate, of its intention to conduct the hearing; and give all interested persons an opportunity to be heard.\n- (a) an industrial matter for employees bound by an industrial instrument if multiple inquiries into the same matter are likely; or\n- (b) a Queensland minimum wage for all employees.\n- (a) give reasonable notice, in the way it considers appropriate, of its intention to conduct the hearing; and\n- (b) give all interested persons an opportunity to be heard.","sortOrder":649},{"sectionNumber":"sec.459","sectionType":"section","heading":"Requirements for general rulings","content":"### sec.459 Requirements for general rulings\n\nA ruling—\nmust state a date (the stated date ) on and from which it has effect; and\nhas effect as a decision of the full bench on and from the stated date.\nA ruling may exclude from the operation of any of its provisions—\na class of employers or employees; or\nemployers or employees in a particular locality; or\nan industrial instrument or part of an industrial instrument.\nAs soon as practicable after making a ruling, the registrar must publish a notice of the ruling and the stated date on the QIRC website.\nThe notice, on and from the stated date, replaces a notice of a ruling on the same subject matter previously published.\nThe ruling continues in force until the end of the day immediately before the stated date for a subsequent ruling on the same subject matter.\n(sec.459-ssec.1) A ruling— must state a date (the stated date ) on and from which it has effect; and has effect as a decision of the full bench on and from the stated date.\n(sec.459-ssec.2) A ruling may exclude from the operation of any of its provisions— a class of employers or employees; or employers or employees in a particular locality; or an industrial instrument or part of an industrial instrument.\n(sec.459-ssec.3) As soon as practicable after making a ruling, the registrar must publish a notice of the ruling and the stated date on the QIRC website.\n(sec.459-ssec.4) The notice, on and from the stated date, replaces a notice of a ruling on the same subject matter previously published.\n(sec.459-ssec.5) The ruling continues in force until the end of the day immediately before the stated date for a subsequent ruling on the same subject matter.\n- (a) must state a date (the stated date ) on and from which it has effect; and\n- (b) has effect as a decision of the full bench on and from the stated date.\n- (a) a class of employers or employees; or\n- (b) employers or employees in a particular locality; or\n- (c) an industrial instrument or part of an industrial instrument.","sortOrder":650},{"sectionNumber":"sec.459A","sectionType":"section","heading":"Provision about general ruling for State wage case","content":"### sec.459A Provision about general ruling for State wage case\n\nThis section applies if—\nthe commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and\napplying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under—\na certified agreement or arbitration determination; or\na directive under the Public Sector Act 2022 .\nWithout limiting section 459 (2) , the ruling may provide that the increase does not apply to the wages payable to the employees, or the class of employees, under the award.\ns 459A ins 2022 No. 27 s 43\namd 2022 No. 34 s 365 sch 3\n(sec.459A-ssec.1) This section applies if— the commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and applying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under— a certified agreement or arbitration determination; or a directive under the Public Sector Act 2022 .\n(sec.459A-ssec.2) Without limiting section 459 (2) , the ruling may provide that the increase does not apply to the wages payable to the employees, or the class of employees, under the award.\n- (a) the commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and\n- (b) applying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under— (i) a certified agreement or arbitration determination; or (ii) a directive under the Public Sector Act 2022 .\n- (i) a certified agreement or arbitration determination; or\n- (ii) a directive under the Public Sector Act 2022 .\n- (i) a certified agreement or arbitration determination; or\n- (ii) a directive under the Public Sector Act 2022 .","sortOrder":651},{"sectionNumber":"sec.460","sectionType":"section","heading":"Relationship with industrial instruments","content":"### sec.460 Relationship with industrial instruments\n\nIf a ruling takes effect while an industrial instrument, other than an industrial instrument or part of an industrial instrument excluded under section 459 (2) , is in force—\nthe industrial instrument is taken to be amended so it is consistent with the ruling on and from the stated date; and\nthe amendment has effect as an industrial instrument on and from the stated date.\nThe registrar may amend an industrial instrument taken to be amended under subsection (1) as the registrar considers appropriate—\non an application made under the rules; or\non the registrar’s own initiative.\nThis section applies despite chapter 3 .\n(sec.460-ssec.1) If a ruling takes effect while an industrial instrument, other than an industrial instrument or part of an industrial instrument excluded under section 459 (2) , is in force— the industrial instrument is taken to be amended so it is consistent with the ruling on and from the stated date; and the amendment has effect as an industrial instrument on and from the stated date.\n(sec.460-ssec.2) The registrar may amend an industrial instrument taken to be amended under subsection (1) as the registrar considers appropriate— on an application made under the rules; or on the registrar’s own initiative.\n(sec.460-ssec.3) This section applies despite chapter 3 .\n- (a) the industrial instrument is taken to be amended so it is consistent with the ruling on and from the stated date; and\n- (b) the amendment has effect as an industrial instrument on and from the stated date.\n- (a) on an application made under the rules; or\n- (b) on the registrar’s own initiative.","sortOrder":652},{"sectionNumber":"sec.461","sectionType":"section","heading":"Power to make statement of policy","content":"### sec.461 Power to make statement of policy\n\nThe full bench may make a statement of policy about an industrial matter, whether or not the matter is before the commission.\n(sec.461-ssec) The full bench may make a statement of policy about an industrial matter, whether or not the matter is before the commission.","sortOrder":653},{"sectionNumber":"sec.462","sectionType":"section","heading":"Effect of statement of policy","content":"### sec.462 Effect of statement of policy\n\nOn application by a party to an award, a stated policy may be given effect by being inserted in the award.\nThe registrar may give effect to a stated policy by making directions about procedural matters to the extent allowed by the commission.\nA direction by the registrar under subsection (2) binds all persons to which the direction relates.\n(sec.462-ssec.1) On application by a party to an award, a stated policy may be given effect by being inserted in the award.\n(sec.462-ssec.2) The registrar may give effect to a stated policy by making directions about procedural matters to the extent allowed by the commission.\n(sec.462-ssec.3) A direction by the registrar under subsection (2) binds all persons to which the direction relates.","sortOrder":654},{"sectionNumber":"sec.463","sectionType":"section","heading":"Power to make declarations about industrial matters","content":"### sec.463 Power to make declarations about industrial matters\n\nThe commission may, on application by an entity mentioned in section 464 , make a declaration about an industrial matter.\nThe commission may make the declaration whether or not consequential relief is or could be claimed.\nSubject to chapter 11 , part 6 , a declaration made by the commission under this section is binding in a proceeding under this Act.\n(sec.463-ssec.1) The commission may, on application by an entity mentioned in section 464 , make a declaration about an industrial matter.\n(sec.463-ssec.2) The commission may make the declaration whether or not consequential relief is or could be claimed.\n(sec.463-ssec.3) Subject to chapter 11 , part 6 , a declaration made by the commission under this section is binding in a proceeding under this Act.","sortOrder":655},{"sectionNumber":"sec.464","sectionType":"section","heading":"Who may apply for declaration","content":"### sec.464 Who may apply for declaration\n\nThe following may make an application mentioned in section 463 —\na person who may be directly affected by the declaration;\nan inspector;\nan organisation of employees or employers of which a person mentioned in paragraph (a) is a member, if it is acting with the person’s written consent;\nan organisation of employees or employers who may be directly affected by the declaration.\n- (a) a person who may be directly affected by the declaration;\n- (b) an inspector;\n- (c) an organisation of employees or employers of which a person mentioned in paragraph (a) is a member, if it is acting with the person’s written consent;\n- (d) an organisation of employees or employers who may be directly affected by the declaration.","sortOrder":656},{"sectionNumber":"sec.465","sectionType":"section","heading":"Power to declare persons to be employees or employers","content":"### sec.465 Power to declare persons to be employees or employers\n\nThe full bench may, on application by an entity mentioned in section 466 , make an order declaring—\na class of persons who perform work in an industry under a contract for services to be employees; and\na person to be an employer of the employees.\nThe full bench may make an order only if it considers the class of persons would be more appropriately regarded as employees.\nIn considering whether to make an order, the full bench may consider—\nthe relative bargaining power of the class of persons; or\nthe economic dependency of the class of persons on the contract; or\nthe particular circumstances and needs of low-paid classes of persons; or\nwhether the contract is designed to, or does, avoid the provisions of an industrial instrument; or\nwhether the contract is designed to, or does, exclude the operation of the Queensland minimum wage; or\nthe particular circumstances and needs of particular classes of persons including women, persons from a non-English speaking background, young persons and outworkers; or\nthe consequences of not making an order for the class of persons.\nIn this section—\ncontract includes—\nan arrangement or understanding; and\na collateral contract relating to a contract.\nindustrial instrument includes a federal industrial instrument.\n(sec.465-ssec.1) The full bench may, on application by an entity mentioned in section 466 , make an order declaring— a class of persons who perform work in an industry under a contract for services to be employees; and a person to be an employer of the employees.\n(sec.465-ssec.2) The full bench may make an order only if it considers the class of persons would be more appropriately regarded as employees.\n(sec.465-ssec.3) In considering whether to make an order, the full bench may consider— the relative bargaining power of the class of persons; or the economic dependency of the class of persons on the contract; or the particular circumstances and needs of low-paid classes of persons; or whether the contract is designed to, or does, avoid the provisions of an industrial instrument; or whether the contract is designed to, or does, exclude the operation of the Queensland minimum wage; or the particular circumstances and needs of particular classes of persons including women, persons from a non-English speaking background, young persons and outworkers; or the consequences of not making an order for the class of persons.\n(sec.465-ssec.4) In this section— contract includes— an arrangement or understanding; and a collateral contract relating to a contract. industrial instrument includes a federal industrial instrument.\n- (a) a class of persons who perform work in an industry under a contract for services to be employees; and\n- (b) a person to be an employer of the employees.\n- (a) the relative bargaining power of the class of persons; or\n- (b) the economic dependency of the class of persons on the contract; or\n- (c) the particular circumstances and needs of low-paid classes of persons; or\n- (d) whether the contract is designed to, or does, avoid the provisions of an industrial instrument; or\n- (e) whether the contract is designed to, or does, exclude the operation of the Queensland minimum wage; or\n- (f) the particular circumstances and needs of particular classes of persons including women, persons from a non-English speaking background, young persons and outworkers; or\n- (g) the consequences of not making an order for the class of persons.\n- (a) an arrangement or understanding; and\n- (b) a collateral contract relating to a contract.","sortOrder":657},{"sectionNumber":"sec.466","sectionType":"section","heading":"Who may apply for declaration","content":"### sec.466 Who may apply for declaration\n\nThe following may apply for a declaration under section 465 —\nan organisation;\na State peak council;\nthe Minister.\n- (a) an organisation;\n- (b) a State peak council;\n- (c) the Minister.","sortOrder":658},{"sectionNumber":"sec.467","sectionType":"section","heading":"Power to interpret industrial instruments","content":"### sec.467 Power to interpret industrial instruments\n\nThe commission may give an interpretation of an industrial instrument, on application by an entity mentioned in section 468 .\nIf an application under this section by an inspector relates to an alleged ambiguity, the commission must hear and decide the application in the absence of a statement of agreed facts.\n(sec.467-ssec.1) The commission may give an interpretation of an industrial instrument, on application by an entity mentioned in section 468 .\n(sec.467-ssec.2) If an application under this section by an inspector relates to an alleged ambiguity, the commission must hear and decide the application in the absence of a statement of agreed facts.","sortOrder":659},{"sectionNumber":"sec.468","sectionType":"section","heading":"Who may apply for an interpretation of an industrial instrument","content":"### sec.468 Who may apply for an interpretation of an industrial instrument\n\nThe following may, under section 467 , apply for an interpretation of an industrial instrument, other than a certified agreement or bargaining award—\nthe Minister;\nan organisation;\nan employer;\na person who satisfies the commission that the person is not acting for an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the instrument;\nan inspector.\nThe following may, under section 467 , apply for an interpretation of a certified agreement or bargaining award—\nthe Minister; or\nan organisation, or other person, bound by the agreement or award; or\nan employee whose employment is subject to the agreement or award, if the employee satisfies the commission that the employee is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the agreement or award; or\nan inspector.\ns 468 amd 2022 No. 27 s 44\n(sec.468-ssec.1) The following may, under section 467 , apply for an interpretation of an industrial instrument, other than a certified agreement or bargaining award— the Minister; an organisation; an employer; a person who satisfies the commission that the person is not acting for an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the instrument; an inspector.\n(sec.468-ssec.2) The following may, under section 467 , apply for an interpretation of a certified agreement or bargaining award— the Minister; or an organisation, or other person, bound by the agreement or award; or an employee whose employment is subject to the agreement or award, if the employee satisfies the commission that the employee is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the agreement or award; or an inspector.\n- (a) the Minister;\n- (b) an organisation;\n- (c) an employer;\n- (d) a person who satisfies the commission that the person is not acting for an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the instrument;\n- (e) an inspector.\n- (a) the Minister; or\n- (b) an organisation, or other person, bound by the agreement or award; or\n- (c) an employee whose employment is subject to the agreement or award, if the employee satisfies the commission that the employee is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees covered by the agreement or award; or\n- (d) an inspector.","sortOrder":660},{"sectionNumber":"sec.469","sectionType":"section","heading":"Commission may provide assistance","content":"### sec.469 Commission may provide assistance\n\nIf the parties to an industrial cause agree in writing, the parties may ask the commission to assist the parties in negotiating or resolving a matter relevant to the industrial cause (a facilitation request ), whether or not the matter is within the jurisdiction of the commission.\nThe facilitation request must be agreed between the parties, and may—\nbe in the form agreed between the parties; and\ninclude a request about how the matter may be resolved, including, for example, by—\nfacilitating negotiations or discussions between the parties; or\ndeciding an issue or question relating to the matter; or\nconciliation; or\narbitration; and\nbe amended by agreement between the parties at any time.\nOn receiving a facilitation request, the commission may provide the assistance requested by the parties.\nA decision made by the commission in providing the assistance binds the parties to the industrial cause only if the parties agree, in writing, for the decision to bind the parties.\nThis section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter.\n(sec.469-ssec.1) If the parties to an industrial cause agree in writing, the parties may ask the commission to assist the parties in negotiating or resolving a matter relevant to the industrial cause (a facilitation request ), whether or not the matter is within the jurisdiction of the commission.\n(sec.469-ssec.2) The facilitation request must be agreed between the parties, and may— be in the form agreed between the parties; and include a request about how the matter may be resolved, including, for example, by— facilitating negotiations or discussions between the parties; or deciding an issue or question relating to the matter; or conciliation; or arbitration; and be amended by agreement between the parties at any time.\n(sec.469-ssec.3) On receiving a facilitation request, the commission may provide the assistance requested by the parties.\n(sec.469-ssec.4) A decision made by the commission in providing the assistance binds the parties to the industrial cause only if the parties agree, in writing, for the decision to bind the parties.\n(sec.469-ssec.5) This section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter.\n- (a) be in the form agreed between the parties; and\n- (b) include a request about how the matter may be resolved, including, for example, by— (i) facilitating negotiations or discussions between the parties; or (ii) deciding an issue or question relating to the matter; or (iii) conciliation; or (iv) arbitration; and\n- (i) facilitating negotiations or discussions between the parties; or\n- (ii) deciding an issue or question relating to the matter; or\n- (iii) conciliation; or\n- (iv) arbitration; and\n- (c) be amended by agreement between the parties at any time.\n- (i) facilitating negotiations or discussions between the parties; or\n- (ii) deciding an issue or question relating to the matter; or\n- (iii) conciliation; or\n- (iv) arbitration; and","sortOrder":661},{"sectionNumber":"sec.470","sectionType":"section","heading":"Commission may perform dispute resolution functions conferred by agreement of parties to disputes","content":"### sec.470 Commission may perform dispute resolution functions conferred by agreement of parties to disputes\n\nThis section applies if—\nthere is an industrial dispute between—\nan employee organisation; and\n1 or more employers or employer organisations; and\nthe parties to the dispute have agreed in writing (the referral agreement ) that the dispute, or disputes of a class to which the dispute belongs, is or are to be resolved by the commission.\nA party to the dispute may apply to the commission for the commission to perform the functions (the dispute resolution functions ) for resolving the dispute under the referral agreement.\nIf an application is made under subsection (2) , the commission may perform the dispute resolution functions.\nWithout limiting subsections (2) and (3) , the dispute resolution functions may include 1 or more of the following—\nconciliating the dispute;\narbitrating the dispute;\ngranting a remedy or other relief of the kind provided for under chapter 8 , part 2 , division 2 or this part;\ndeciding another issue or question arising in the dispute.\nA decision made by the commission in performing the dispute resolution functions binds the parties to the dispute only if the referral agreement provides for the decision to bind the parties.\nThis section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter.\n(sec.470-ssec.1) This section applies if— there is an industrial dispute between— an employee organisation; and 1 or more employers or employer organisations; and the parties to the dispute have agreed in writing (the referral agreement ) that the dispute, or disputes of a class to which the dispute belongs, is or are to be resolved by the commission.\n(sec.470-ssec.2) A party to the dispute may apply to the commission for the commission to perform the functions (the dispute resolution functions ) for resolving the dispute under the referral agreement.\n(sec.470-ssec.3) If an application is made under subsection (2) , the commission may perform the dispute resolution functions.\n(sec.470-ssec.4) Without limiting subsections (2) and (3) , the dispute resolution functions may include 1 or more of the following— conciliating the dispute; arbitrating the dispute; granting a remedy or other relief of the kind provided for under chapter 8 , part 2 , division 2 or this part; deciding another issue or question arising in the dispute.\n(sec.470-ssec.5) A decision made by the commission in performing the dispute resolution functions binds the parties to the dispute only if the referral agreement provides for the decision to bind the parties.\n(sec.470-ssec.6) This section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter.\n- (a) there is an industrial dispute between— (i) an employee organisation; and (ii) 1 or more employers or employer organisations; and\n- (i) an employee organisation; and\n- (ii) 1 or more employers or employer organisations; and\n- (b) the parties to the dispute have agreed in writing (the referral agreement ) that the dispute, or disputes of a class to which the dispute belongs, is or are to be resolved by the commission.\n- (i) an employee organisation; and\n- (ii) 1 or more employers or employer organisations; and\n- (a) conciliating the dispute;\n- (b) arbitrating the dispute;\n- (c) granting a remedy or other relief of the kind provided for under chapter 8 , part 2 , division 2 or this part;\n- (d) deciding another issue or question arising in the dispute.","sortOrder":662},{"sectionNumber":"sec.471","sectionType":"section","heading":"Power to amend or declare void contracts","content":"### sec.471 Power to amend or declare void contracts\n\nOn application by an entity under section 472 , the commission may amend or declare void (wholly or partly) a contract if it considers—\nthe contract is—\na contract of employment that is not covered by an industrial instrument or federal industrial instrument; or\na contract for services; and\nthe contract is an unfair contract.\nThe commission must not—\namend a contract to include an accident pay provision; or\ndeclare a contract wholly or partly void, because it does not contain an accident pay provision.\nIn deciding whether to amend or declare void a contract, or part of a contract, the commission may consider—\nthe relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or\nwhether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or\nan industrial instrument, a federal industrial instrument or this Act; or\nthe Queensland minimum wage; or\nanything else the commission considers relevant.\nThe commission may consider a contract to be an unfair contract—\neven if the contract was made before the commencement; and\nif it considers the contract—\nwas an unfair contract when it was entered into; or\nbecame an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient.\nThe commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void.\nIn this section—\naccident pay provision means a provision for accident pay, or other payment, on account of a worker sustaining an injury.\ncontract includes—\nan arrangement or understanding; and\na collateral contract relating to a contract.\ninjury means an injury under the Workers’ Compensation and Rehabilitation Act 2003 .\nunfair contract means a contract that—\nis harsh, unconscionable or unfair; or\nis against the public interest; or\nprovides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or\nis designed to, or does, avoid the provisions of an industrial instrument.\nworker means a worker under the Workers’ Compensation and Rehabilitation Act 2003 .\ns 471 amd 2022 No. 27 s 3 sch 1\n(sec.471-ssec.1) On application by an entity under section 472 , the commission may amend or declare void (wholly or partly) a contract if it considers— the contract is— a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or a contract for services; and the contract is an unfair contract.\n(sec.471-ssec.2) The commission must not— amend a contract to include an accident pay provision; or declare a contract wholly or partly void, because it does not contain an accident pay provision.\n(sec.471-ssec.3) In deciding whether to amend or declare void a contract, or part of a contract, the commission may consider— the relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or an industrial instrument, a federal industrial instrument or this Act; or the Queensland minimum wage; or anything else the commission considers relevant.\n(sec.471-ssec.4) The commission may consider a contract to be an unfair contract— even if the contract was made before the commencement; and if it considers the contract— was an unfair contract when it was entered into; or became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient.\n(sec.471-ssec.5) The commission may make an order it considers appropriate about payment of an amount for a contract amended or declared void.\n(sec.471-ssec.6) In this section— accident pay provision means a provision for accident pay, or other payment, on account of a worker sustaining an injury. contract includes— an arrangement or understanding; and a collateral contract relating to a contract. injury means an injury under the Workers’ Compensation and Rehabilitation Act 2003 . unfair contract means a contract that— is harsh, unconscionable or unfair; or is against the public interest; or provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or is designed to, or does, avoid the provisions of an industrial instrument. worker means a worker under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) the contract is— (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or (ii) a contract for services; and\n- (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or\n- (ii) a contract for services; and\n- (b) the contract is an unfair contract.\n- (i) a contract of employment that is not covered by an industrial instrument or federal industrial instrument; or\n- (ii) a contract for services; and\n- (a) amend a contract to include an accident pay provision; or\n- (b) declare a contract wholly or partly void, because it does not contain an accident pay provision.\n- (a) the relative bargaining power of the parties to the contract and, if applicable, a person acting for the parties; or\n- (b) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; or\n- (c) an industrial instrument, a federal industrial instrument or this Act; or\n- (d) the Queensland minimum wage; or\n- (e) anything else the commission considers relevant.\n- (a) even if the contract was made before the commencement; and\n- (b) if it considers the contract— (i) was an unfair contract when it was entered into; or (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient.\n- (i) was an unfair contract when it was entered into; or\n- (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient.\n- (i) was an unfair contract when it was entered into; or\n- (ii) became an unfair contract after it was entered into because of the conduct of the parties, or a variation to the contract or for any other reason it considers sufficient.\n- (a) an arrangement or understanding; and\n- (b) a collateral contract relating to a contract.\n- (a) is harsh, unconscionable or unfair; or\n- (b) is against the public interest; or\n- (c) provides, or has provided, a total remuneration less than that which a person performing the work as an employee would receive under an industrial instrument or this Act; or\n- (d) is designed to, or does, avoid the provisions of an industrial instrument.","sortOrder":663},{"sectionNumber":"sec.472","sectionType":"section","heading":"Who may apply for an amendment or declaration","content":"### sec.472 Who may apply for an amendment or declaration\n\nAn application for an amendment or declaration for a contract under section 471 may be made by—\na party to the contract; or\nfor the party required under the contract to provide services—an inspector; or\nan organisation of employees or employers of which a party is, or has applied to become, a member, if it is acting with the party’s written consent.\nHowever, a person can not make the application if—\nan application has been made under section 317 for the same matter; or\nthe person—\nis not a public service officer employed on tenure under the Public Sector Act 2022 ; and\nhas an annual wage of equal to or more than the amount of the high income threshold under the Commonwealth Fair Work Act , section 333 .\ns 472 amd 2022 No. 34 s 365 sch 3\n(sec.472-ssec.1) An application for an amendment or declaration for a contract under section 471 may be made by— a party to the contract; or for the party required under the contract to provide services—an inspector; or an organisation of employees or employers of which a party is, or has applied to become, a member, if it is acting with the party’s written consent.\n(sec.472-ssec.2) However, a person can not make the application if— an application has been made under section 317 for the same matter; or the person— is not a public service officer employed on tenure under the Public Sector Act 2022 ; and has an annual wage of equal to or more than the amount of the high income threshold under the Commonwealth Fair Work Act , section 333 .\n- (a) a party to the contract; or\n- (b) for the party required under the contract to provide services—an inspector; or\n- (c) an organisation of employees or employers of which a party is, or has applied to become, a member, if it is acting with the party’s written consent.\n- (a) an application has been made under section 317 for the same matter; or\n- (b) the person— (i) is not a public service officer employed on tenure under the Public Sector Act 2022 ; and (ii) has an annual wage of equal to or more than the amount of the high income threshold under the Commonwealth Fair Work Act , section 333 .\n- (i) is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (ii) has an annual wage of equal to or more than the amount of the high income threshold under the Commonwealth Fair Work Act , section 333 .\n- (i) is not a public service officer employed on tenure under the Public Sector Act 2022 ; and\n- (ii) has an annual wage of equal to or more than the amount of the high income threshold under the Commonwealth Fair Work Act , section 333 .","sortOrder":664},{"sectionNumber":"sec.473","sectionType":"section","heading":"Power to grant injunctions","content":"### sec.473 Power to grant injunctions\n\nOn application by a person under section 474 , the commission may grant an injunction—\nto compel compliance with an industrial instrument, a permit or this Act; or\nto restrain or prevent a contravention, or continuance of a contravention, of an industrial instrument, a permit or this Act; or\nthe commission considers appropriate for the prevention or settlement of an industrial dispute involving allegations of sexual harassment or sex or gender-based harassment.\nThe injunction may apply to—\nthe officers or members of an organisation generally; or\nparticular officers or members of an organisation; or\na particular employer; or\na particular employee.\nThe commission must decide how notice of, and service of the injunction on, each of the persons to whom the injunction applies must be given.\nWithout limiting subsection (3) , the commission may order that the notice, and substituted service of the injunction, be given by advertisement.\nIf a person to whom the injunction applies is given notice of the injunction, the person must comply with the injunction.\nIf the injunction applies to an organisation, the organisation and each officer of the organisation must ensure the officers and members of the organisation comply with the injunction.\nIf the officers or members, or a substantial number of the officers or members, of an organisation to whom an injunction applies contravene the injunction, the organisation and each officer of the organisation is taken to have failed to comply with the injunction.\nHowever, subsection (7) does not apply to the organisation or officer if the organisation or officer proves, on the balance of probabilities, that the organisation or officer took all reasonable steps to ensure the officers or members complied with the injunction.\nThe commission can not grant an injunction for a proposed contravention of section 316 , 326 , 329 or 330 .\nIn this section—\ninjunction includes an interim injunction.\norganisation includes a branch of the organisation.\ns 473 amd 2022 No. 27 s 45\n(sec.473-ssec.1) On application by a person under section 474 , the commission may grant an injunction— to compel compliance with an industrial instrument, a permit or this Act; or to restrain or prevent a contravention, or continuance of a contravention, of an industrial instrument, a permit or this Act; or the commission considers appropriate for the prevention or settlement of an industrial dispute involving allegations of sexual harassment or sex or gender-based harassment.\n(sec.473-ssec.2) The injunction may apply to— the officers or members of an organisation generally; or particular officers or members of an organisation; or a particular employer; or a particular employee.\n(sec.473-ssec.3) The commission must decide how notice of, and service of the injunction on, each of the persons to whom the injunction applies must be given.\n(sec.473-ssec.4) Without limiting subsection (3) , the commission may order that the notice, and substituted service of the injunction, be given by advertisement.\n(sec.473-ssec.5) If a person to whom the injunction applies is given notice of the injunction, the person must comply with the injunction.\n(sec.473-ssec.6) If the injunction applies to an organisation, the organisation and each officer of the organisation must ensure the officers and members of the organisation comply with the injunction.\n(sec.473-ssec.7) If the officers or members, or a substantial number of the officers or members, of an organisation to whom an injunction applies contravene the injunction, the organisation and each officer of the organisation is taken to have failed to comply with the injunction.\n(sec.473-ssec.8) However, subsection (7) does not apply to the organisation or officer if the organisation or officer proves, on the balance of probabilities, that the organisation or officer took all reasonable steps to ensure the officers or members complied with the injunction.\n(sec.473-ssec.9) The commission can not grant an injunction for a proposed contravention of section 316 , 326 , 329 or 330 .\n(sec.473-ssec.10) In this section— injunction includes an interim injunction. organisation includes a branch of the organisation.\n- (a) to compel compliance with an industrial instrument, a permit or this Act; or\n- (b) to restrain or prevent a contravention, or continuance of a contravention, of an industrial instrument, a permit or this Act; or\n- (c) the commission considers appropriate for the prevention or settlement of an industrial dispute involving allegations of sexual harassment or sex or gender-based harassment.\n- (a) the officers or members of an organisation generally; or\n- (b) particular officers or members of an organisation; or\n- (c) a particular employer; or\n- (d) a particular employee.","sortOrder":665},{"sectionNumber":"sec.474","sectionType":"section","heading":"Who may apply for an injunction","content":"### sec.474 Who may apply for an injunction\n\nAn application for an injunction under section 473 may be made by—\na party to industrial action or an industrial dispute; or\nan applicant for an industrial matter other than a party mentioned in paragraph (a) ; or\nan applicant for an order in relation to a contravention, or alleged contravention, of a civil penalty provision; or\na person who is, or is likely to be, directly affected by industrial action or an industrial dispute; or\nthe registrar; or\nthe chief inspector; or\nan inspector.\ns 474 amd 2022 No. 27 s 46\n- (a) a party to industrial action or an industrial dispute; or\n- (b) an applicant for an industrial matter other than a party mentioned in paragraph (a) ; or\n- (c) an applicant for an order in relation to a contravention, or alleged contravention, of a civil penalty provision; or\n- (d) a person who is, or is likely to be, directly affected by industrial action or an industrial dispute; or\n- (e) the registrar; or\n- (f) the chief inspector; or\n- (g) an inspector.","sortOrder":666},{"sectionNumber":"sec.475","sectionType":"section","heading":"Power to recover unpaid wages and superannuation contribution etc.","content":"### sec.475 Power to recover unpaid wages and superannuation contribution etc.\n\nOn application by a person under section 476 , the commission may order payment of the following for the period of 6 years before the date of the application—\nan employee’s unpaid wages;\nan apprentice’s unpaid tool allowance under section 137 ;\nremuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) ;\ncontributions to the approved superannuation fund payable for an eligible employee that are unpaid.\nA presidential member may, either before or after the start of a hearing, remit the application to a magistrate if the presidential member considers the application could be more conveniently heard by a magistrate, having regard to, for example, costs or the difficulty or expense of producing witnesses.\nIf the application is remitted to a magistrate, the magistrate may hear and decide the application as if it had been brought before the commission, and the magistrate’s decision is taken to be a decision of the commission.\n(sec.475-ssec.1) On application by a person under section 476 , the commission may order payment of the following for the period of 6 years before the date of the application— an employee’s unpaid wages; an apprentice’s unpaid tool allowance under section 137 ; remuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) ; contributions to the approved superannuation fund payable for an eligible employee that are unpaid.\n(sec.475-ssec.2) A presidential member may, either before or after the start of a hearing, remit the application to a magistrate if the presidential member considers the application could be more conveniently heard by a magistrate, having regard to, for example, costs or the difficulty or expense of producing witnesses.\n(sec.475-ssec.3) If the application is remitted to a magistrate, the magistrate may hear and decide the application as if it had been brought before the commission, and the magistrate’s decision is taken to be a decision of the commission.\n- (a) an employee’s unpaid wages;\n- (b) an apprentice’s unpaid tool allowance under section 137 ;\n- (c) remuneration lost by an apprentice or trainee because the employer has contravened section 371 (2) ;\n- (d) contributions to the approved superannuation fund payable for an eligible employee that are unpaid.","sortOrder":667},{"sectionNumber":"sec.476","sectionType":"section","heading":"Requirements for application","content":"### sec.476 Requirements for application\n\nAn application for an order mentioned in section 475 may only be made if the total amount claimed is $100,000 or less.\nThe application may be made by—\nfor a claim for occupational superannuation—an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or\nfor any other claim—an employee; or\nan employee organisation of which the eligible employee or employee is a member, acting for the employee; or\na person authorised by the eligible employee or employee to make the application, acting for the employee; or\nan inspector.\nHowever, a person can not make an application under this section if an application has been made under section 379 , 386 or 396 for the same matter.\nThe application must be made within 6 years after the amount claimed became payable.\nIn this section—\noccupational superannuation includes an amount equal to the return that would have accrued in relation to the occupational superannuation had it been properly paid to an approved superannuation fund.\ns 476 amd 2024 No. 40 s 11\n(sec.476-ssec.1) An application for an order mentioned in section 475 may only be made if the total amount claimed is $100,000 or less.\n(sec.476-ssec.2) The application may be made by— for a claim for occupational superannuation—an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or for any other claim—an employee; or an employee organisation of which the eligible employee or employee is a member, acting for the employee; or a person authorised by the eligible employee or employee to make the application, acting for the employee; or an inspector.\n(sec.476-ssec.3) However, a person can not make an application under this section if an application has been made under section 379 , 386 or 396 for the same matter.\n(sec.476-ssec.4) The application must be made within 6 years after the amount claimed became payable.\n(sec.476-ssec.5) In this section— occupational superannuation includes an amount equal to the return that would have accrued in relation to the occupational superannuation had it been properly paid to an approved superannuation fund.\n- (a) for a claim for occupational superannuation—an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or\n- (b) for any other claim—an employee; or\n- (c) an employee organisation of which the eligible employee or employee is a member, acting for the employee; or\n- (d) a person authorised by the eligible employee or employee to make the application, acting for the employee; or\n- (e) an inspector.","sortOrder":668},{"sectionNumber":"sec.477","sectionType":"section","heading":"Orders","content":"### sec.477 Orders\n\nOn hearing the application, the commission or magistrate—\nmust order the employer to pay the employee—\nthe amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and\nan amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and\nmay make an order for the payment despite an express or implied provision of an agreement to the contrary; and\nmay order the payment to be made on the terms the commission or magistrate considers appropriate.\nFor an order about an unpaid contribution, the order must require the contribution to be paid to—\nif the employee is employed by the employer—the approved superannuation fund; or\nif the employee is no longer employed by the employer—\nthe approved superannuation fund; or\na complying superannuation fund; or\na superannuation fund nominated by the employee; or\nan eligible rollover fund; or\nif the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\nThe contribution must be paid into the unclaimed moneys fund if a former employee in relation to whom an order is made—\ncan not be located after making reasonable attempts; or\ndoes not nominate a superannuation fund for the purpose of the order, if required by the order to do so.\n(sec.477-ssec.1) On hearing the application, the commission or magistrate— must order the employer to pay the employee— the amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and an amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and may make an order for the payment despite an express or implied provision of an agreement to the contrary; and may order the payment to be made on the terms the commission or magistrate considers appropriate.\n(sec.477-ssec.2) For an order about an unpaid contribution, the order must require the contribution to be paid to— if the employee is employed by the employer—the approved superannuation fund; or if the employee is no longer employed by the employer— the approved superannuation fund; or a complying superannuation fund; or a superannuation fund nominated by the employee; or an eligible rollover fund; or if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n(sec.477-ssec.3) The contribution must be paid into the unclaimed moneys fund if a former employee in relation to whom an order is made— can not be located after making reasonable attempts; or does not nominate a superannuation fund for the purpose of the order, if required by the order to do so.\n- (a) must order the employer to pay the employee— (i) the amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and (ii) an amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and\n- (i) the amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and\n- (ii) an amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and\n- (b) may make an order for the payment despite an express or implied provision of an agreement to the contrary; and\n- (c) may order the payment to be made on the terms the commission or magistrate considers appropriate.\n- (i) the amount the commission or magistrate finds to be payable and unpaid to the employee for the 6 years before the date of the application; and\n- (ii) an amount the commission or magistrate considers appropriate, based on the return that would have accrued in relation to the contributions had it been properly paid to the approved superannuation fund; and\n- (a) if the employee is employed by the employer—the approved superannuation fund; or\n- (b) if the employee is no longer employed by the employer— (i) the approved superannuation fund; or (ii) a complying superannuation fund; or (iii) a superannuation fund nominated by the employee; or (iv) an eligible rollover fund; or (v) if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n- (i) the approved superannuation fund; or\n- (ii) a complying superannuation fund; or\n- (iii) a superannuation fund nominated by the employee; or\n- (iv) an eligible rollover fund; or\n- (v) if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n- (i) the approved superannuation fund; or\n- (ii) a complying superannuation fund; or\n- (iii) a superannuation fund nominated by the employee; or\n- (iv) an eligible rollover fund; or\n- (v) if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n- (a) can not be located after making reasonable attempts; or\n- (b) does not nominate a superannuation fund for the purpose of the order, if required by the order to do so.","sortOrder":669},{"sectionNumber":"sec.478","sectionType":"section","heading":null,"content":"### Section sec.478\n\ns 478 om 2022 No. 27 s 47","sortOrder":670},{"sectionNumber":"sec.479","sectionType":"section","heading":"Power of full bench to make orders about rights of employee organisations to represent","content":"### sec.479 Power of full bench to make orders about rights of employee organisations to represent\n\nOn application by an entity under section 480 , the full bench may make the following orders about a demarcation dispute—\nan order that an employee organisation has the right, to the exclusion of another organisation, to represent the industrial interests of a particular group of employees who are eligible for membership of the organisation;\nan order that an employee organisation that does not have the right to represent the industrial interests of a particular group of employees has the right;\nan order that an employee organisation does not have the right to represent the industrial interests of a particular group of employees who are eligible for membership of the organisation.\ns 479 amd 2022 No. 27 s 48\n- (a) an order that an employee organisation has the right, to the exclusion of another organisation, to represent the industrial interests of a particular group of employees who are eligible for membership of the organisation;\n- (b) an order that an employee organisation that does not have the right to represent the industrial interests of a particular group of employees has the right;\n- (c) an order that an employee organisation does not have the right to represent the industrial interests of a particular group of employees who are eligible for membership of the organisation.","sortOrder":671},{"sectionNumber":"sec.480","sectionType":"section","heading":"Who may apply for order","content":"### sec.480 Who may apply for order\n\nAn organisation or employer may apply for an order under section 479 .\ns 480 sub 2022 No. 27 s 49","sortOrder":672},{"sectionNumber":"sec.481","sectionType":"section","heading":"Limitations on when order may be made","content":"### sec.481 Limitations on when order may be made\n\nThe full bench may make an order under section 479 only if—\nthe full bench considers conciliation proceedings would not help in the prevention or settlement of the dispute; or\nconciliation proceedings for the dispute are completed, but the dispute has not been fully settled.\nAlso, the full bench may make the order only if it is satisfied—\nthe conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation is—\npreventing, obstructing or restricting the performance of work; or\nharming an employer’s business; or\npreventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or\nan organisation to which the order would relate, or an officer, member or employee of the organisation, has made or is making representations directed at employees about the organisation having rights, functions or powers in relation to employees under this Act that the organisation does not have; or\nthe consequences or representations mentioned in paragraph (a) or (b) —\nhave stopped, but are likely to recur as a result of the conduct or threatened conduct; or\nare imminent as a result of the conduct or threatened conduct.\ns 481 amd 2022 No. 27 s 50\n(sec.481-ssec.1) The full bench may make an order under section 479 only if— the full bench considers conciliation proceedings would not help in the prevention or settlement of the dispute; or conciliation proceedings for the dispute are completed, but the dispute has not been fully settled.\n(sec.481-ssec.2) Also, the full bench may make the order only if it is satisfied— the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation is— preventing, obstructing or restricting the performance of work; or harming an employer’s business; or preventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or an organisation to which the order would relate, or an officer, member or employee of the organisation, has made or is making representations directed at employees about the organisation having rights, functions or powers in relation to employees under this Act that the organisation does not have; or the consequences or representations mentioned in paragraph (a) or (b) — have stopped, but are likely to recur as a result of the conduct or threatened conduct; or are imminent as a result of the conduct or threatened conduct.\n- (a) the full bench considers conciliation proceedings would not help in the prevention or settlement of the dispute; or\n- (b) conciliation proceedings for the dispute are completed, but the dispute has not been fully settled.\n- (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation is— (i) preventing, obstructing or restricting the performance of work; or (ii) harming an employer’s business; or (iii) preventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or\n- (i) preventing, obstructing or restricting the performance of work; or\n- (ii) harming an employer’s business; or\n- (iii) preventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or\n- (b) an organisation to which the order would relate, or an officer, member or employee of the organisation, has made or is making representations directed at employees about the organisation having rights, functions or powers in relation to employees under this Act that the organisation does not have; or\n- (c) the consequences or representations mentioned in paragraph (a) or (b) — (i) have stopped, but are likely to recur as a result of the conduct or threatened conduct; or (ii) are imminent as a result of the conduct or threatened conduct.\n- (i) have stopped, but are likely to recur as a result of the conduct or threatened conduct; or\n- (ii) are imminent as a result of the conduct or threatened conduct.\n- (i) preventing, obstructing or restricting the performance of work; or\n- (ii) harming an employer’s business; or\n- (iii) preventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or\n- (i) have stopped, but are likely to recur as a result of the conduct or threatened conduct; or\n- (ii) are imminent as a result of the conduct or threatened conduct.","sortOrder":673},{"sectionNumber":"sec.482","sectionType":"section","heading":"Matters the full bench must consider in making order","content":"### sec.482 Matters the full bench must consider in making order\n\nIn considering whether to make an order, the full bench must consider—\nthe wishes of employees who would be affected by the order; and\nthe effect of an order on the operations (including operating costs, work practices, efficiency and productivity) of the employees’ employer; and\nwhether it should consult with appropriate State peak councils or organisations; and\nthe ability of the organisation to adequately represent the employees’ interests; and\nan agreement or understanding that deals with an employee organisation’s right to represent the industrial interests of a particular group of employees; and\nthe consequences of not making an order for the employees, employer or organisation; and\nanother order made by the commission that it considers relevant.\ns 482 amd 2022 No. 27 s 3 sch 1\n(sec.482-ssec) In considering whether to make an order, the full bench must consider— the wishes of employees who would be affected by the order; and the effect of an order on the operations (including operating costs, work practices, efficiency and productivity) of the employees’ employer; and whether it should consult with appropriate State peak councils or organisations; and the ability of the organisation to adequately represent the employees’ interests; and an agreement or understanding that deals with an employee organisation’s right to represent the industrial interests of a particular group of employees; and the consequences of not making an order for the employees, employer or organisation; and another order made by the commission that it considers relevant.\n- (a) the wishes of employees who would be affected by the order; and\n- (b) the effect of an order on the operations (including operating costs, work practices, efficiency and productivity) of the employees’ employer; and\n- (c) whether it should consult with appropriate State peak councils or organisations; and\n- (d) the ability of the organisation to adequately represent the employees’ interests; and\n- (e) an agreement or understanding that deals with an employee organisation’s right to represent the industrial interests of a particular group of employees; and\n- (f) the consequences of not making an order for the employees, employer or organisation; and\n- (g) another order made by the commission that it considers relevant.","sortOrder":674},{"sectionNumber":"sec.483","sectionType":"section","heading":"Orders and ancillary orders","content":"### sec.483 Orders and ancillary orders\n\nIf the full bench makes an order under this subdivision, it may also make an ancillary order it considers necessary to support the order, including an order prohibiting—\nan officer or employee of an organisation from representing a person in a matter before the court, the commission, the full bench or the registrar; and\nan organisation from arranging for an agent to represent a person under chapter 6 ; and\nan organisation from holding out membership on the basis of being able to provide representation in stated industrial matters.\nAn order under this subdivision, and an ancillary order, may—\nbe subject to conditions; and\napply to an individual or an organisation.\nThe full bench may, on application by the Minister or a person or organisation affected by an order, make the further order it considers appropriate to ensure the order, an ancillary order and this Act are complied with.\nAn individual or organisation to which an order mentioned in subsection (2) or (3) applies must comply with the order.\nMaximum penalty—100 penalty units.\ns 483 amd 2022 No. 27 s 3 sch 1\n(sec.483-ssec.1) If the full bench makes an order under this subdivision, it may also make an ancillary order it considers necessary to support the order, including an order prohibiting— an officer or employee of an organisation from representing a person in a matter before the court, the commission, the full bench or the registrar; and an organisation from arranging for an agent to represent a person under chapter 6 ; and an organisation from holding out membership on the basis of being able to provide representation in stated industrial matters.\n(sec.483-ssec.2) An order under this subdivision, and an ancillary order, may— be subject to conditions; and apply to an individual or an organisation.\n(sec.483-ssec.3) The full bench may, on application by the Minister or a person or organisation affected by an order, make the further order it considers appropriate to ensure the order, an ancillary order and this Act are complied with.\n(sec.483-ssec.4) An individual or organisation to which an order mentioned in subsection (2) or (3) applies must comply with the order. Maximum penalty—100 penalty units.\n- (a) an officer or employee of an organisation from representing a person in a matter before the court, the commission, the full bench or the registrar; and\n- (b) an organisation from arranging for an agent to represent a person under chapter 6 ; and\n- (c) an organisation from holding out membership on the basis of being able to provide representation in stated industrial matters.\n- (a) be subject to conditions; and\n- (b) apply to an individual or an organisation.","sortOrder":675},{"sectionNumber":"sec.483A","sectionType":"section","heading":"Meaning of eligible for registration under chapter 12","content":"### sec.483A Meaning of eligible for registration under chapter 12\n\nFor this subdivision, an entity is eligible for registration under chapter 12 as an employee organisation if the entity—\nis an association; and\nsatisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 608 (1) (a) , (b) and (d) ; and\nunder the entity’s rules, has passed a resolution in favour of being registered under chapter 12 ; and\nhas members who are employees; and\nhas applied for registration as an employee organisation under chapter 12 if the entity has—\nhad at least 20 members who are employees for a continuous period of at least 12 months; or\nhad at least 100 members who are employees for a continuous period of at least 4 weeks; and\nhas not been refused an application for registration under chapter 12 within the previous 5 years.\nFor this subdivision, an entity is eligible for registration under chapter 12 as an employer organisation if the entity—\nis an association or corporation; and\nsatisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 609 (1) (a) to (e) ; and\nhas not been refused an application for registration under chapter 12 .\ns 483A ins 2022 No. 27 s 51\n(sec.483A-ssec.1) For this subdivision, an entity is eligible for registration under chapter 12 as an employee organisation if the entity— is an association; and satisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 608 (1) (a) , (b) and (d) ; and under the entity’s rules, has passed a resolution in favour of being registered under chapter 12 ; and has members who are employees; and has applied for registration as an employee organisation under chapter 12 if the entity has— had at least 20 members who are employees for a continuous period of at least 12 months; or had at least 100 members who are employees for a continuous period of at least 4 weeks; and has not been refused an application for registration under chapter 12 within the previous 5 years.\n(sec.483A-ssec.2) For this subdivision, an entity is eligible for registration under chapter 12 as an employer organisation if the entity— is an association or corporation; and satisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 609 (1) (a) to (e) ; and has not been refused an application for registration under chapter 12 .\n- (a) is an association; and\n- (b) satisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 608 (1) (a) , (b) and (d) ; and\n- (c) under the entity’s rules, has passed a resolution in favour of being registered under chapter 12 ; and\n- (d) has members who are employees; and\n- (e) has applied for registration as an employee organisation under chapter 12 if the entity has— (i) had at least 20 members who are employees for a continuous period of at least 12 months; or (ii) had at least 100 members who are employees for a continuous period of at least 4 weeks; and\n- (i) had at least 20 members who are employees for a continuous period of at least 12 months; or\n- (ii) had at least 100 members who are employees for a continuous period of at least 4 weeks; and\n- (f) has not been refused an application for registration under chapter 12 within the previous 5 years.\n- (i) had at least 20 members who are employees for a continuous period of at least 12 months; or\n- (ii) had at least 100 members who are employees for a continuous period of at least 4 weeks; and\n- (a) is an association or corporation; and\n- (b) satisfies the criteria for registration mentioned in sections 607 (1) (a) and (d) and 609 (1) (a) to (e) ; and\n- (c) has not been refused an application for registration under chapter 12 .","sortOrder":676},{"sectionNumber":"sec.483B","sectionType":"section","heading":"Power of commission to make order about ineligible entity","content":"### sec.483B Power of commission to make order about ineligible entity\n\nOn application by an entity under section 483C , the commission may make an order declaring an entity, other than an organisation, to be an ineligible entity if satisfied—\nthe entity is not eligible for registration under chapter 12 as an employee organisation or employer organisation; or\nregistration of the entity under chapter 12 would be inconsistent with the objects of this Act.\ns 483B ins 2022 No. 27 s 51\n- (a) the entity is not eligible for registration under chapter 12 as an employee organisation or employer organisation; or\n- (b) registration of the entity under chapter 12 would be inconsistent with the objects of this Act.","sortOrder":677},{"sectionNumber":"sec.483C","sectionType":"section","heading":"Who may apply for order","content":"### sec.483C Who may apply for order\n\nThe following entities may apply for an order under section 483B —\nan organisation;\nan entity that is eligible for registration under chapter 12 as an employee organisation or employer organisation;\nan employer.\ns 483C ins 2022 No. 27 s 51\n- (a) an organisation;\n- (b) an entity that is eligible for registration under chapter 12 as an employee organisation or employer organisation;\n- (c) an employer.","sortOrder":678},{"sectionNumber":"sec.483D","sectionType":"section","heading":"Ancillary orders","content":"### sec.483D Ancillary orders\n\nIf the commission makes an order under section 483B in relation to an entity, it may also make an ancillary order it considers necessary to support the order, including an order prohibiting—\nan officer, employee or agent of the entity from representing a person in a matter before the court, the commission, the full bench or the registrar; and\nthe entity from arranging for an agent to represent a person under chapter 6 ; and\nthe entity from holding out membership on the basis of being able to provide representation in stated industrial matters; and\nanother entity associated with the entity, or an officer, employee or agent of another entity associated with the entity, from engaging in the conduct mentioned in paragraph (a) , (b) or (c) .\nAn order under section 483B , and an ancillary order, may—\nbe subject to conditions; and\napply to an individual or other entity.\nThe commission may, on application by an entity affected by an order, make the further order it considers appropriate to ensure the order, an ancillary order and this Act are complied with.\nAn entity to which an order mentioned in subsection (2) or (3) applies must comply with the order.\nMaximum penalty—100 penalty units.\ns 483D ins 2022 No. 27 s 51\n(sec.483D-ssec.1) If the commission makes an order under section 483B in relation to an entity, it may also make an ancillary order it considers necessary to support the order, including an order prohibiting— an officer, employee or agent of the entity from representing a person in a matter before the court, the commission, the full bench or the registrar; and the entity from arranging for an agent to represent a person under chapter 6 ; and the entity from holding out membership on the basis of being able to provide representation in stated industrial matters; and another entity associated with the entity, or an officer, employee or agent of another entity associated with the entity, from engaging in the conduct mentioned in paragraph (a) , (b) or (c) .\n(sec.483D-ssec.2) An order under section 483B , and an ancillary order, may— be subject to conditions; and apply to an individual or other entity.\n(sec.483D-ssec.3) The commission may, on application by an entity affected by an order, make the further order it considers appropriate to ensure the order, an ancillary order and this Act are complied with.\n(sec.483D-ssec.4) An entity to which an order mentioned in subsection (2) or (3) applies must comply with the order. Maximum penalty—100 penalty units.\n- (a) an officer, employee or agent of the entity from representing a person in a matter before the court, the commission, the full bench or the registrar; and\n- (b) the entity from arranging for an agent to represent a person under chapter 6 ; and\n- (c) the entity from holding out membership on the basis of being able to provide representation in stated industrial matters; and\n- (d) another entity associated with the entity, or an officer, employee or agent of another entity associated with the entity, from engaging in the conduct mentioned in paragraph (a) , (b) or (c) .\n- (a) be subject to conditions; and\n- (b) apply to an individual or other entity.","sortOrder":679},{"sectionNumber":"sec.483E","sectionType":"section","heading":"Revocation of order if grounds no longer apply","content":"### sec.483E Revocation of order if grounds no longer apply\n\nThis section applies if the entity to which an order under section 483B applies makes an application to the commission for the revocation of the order.\nThe registrar must, at least 7 days before the application for revocation will be heard, give notice of the application to the entity (the original applicant ) that applied for the order under section 483B .\nThe original applicant is entitled to be heard on the application for revocation.\nIf the commission is no longer satisfied that the ground mentioned in section 483B (a) or (b) applies, the commission must revoke the order made under that section.\nIf the commission revokes the order made under section 483B , an ancillary order or further order made under section 483D also stops having effect.\ns 483E ins 2022 No. 27 s 51\n(sec.483E-ssec.1) This section applies if the entity to which an order under section 483B applies makes an application to the commission for the revocation of the order.\n(sec.483E-ssec.2) The registrar must, at least 7 days before the application for revocation will be heard, give notice of the application to the entity (the original applicant ) that applied for the order under section 483B .\n(sec.483E-ssec.3) The original applicant is entitled to be heard on the application for revocation.\n(sec.483E-ssec.4) If the commission is no longer satisfied that the ground mentioned in section 483B (a) or (b) applies, the commission must revoke the order made under that section.\n(sec.483E-ssec.5) If the commission revokes the order made under section 483B , an ancillary order or further order made under section 483D also stops having effect.","sortOrder":680},{"sectionNumber":"sec.483F","sectionType":"section","heading":"Requirement to give copy of order to chief executive (associations incorporation)","content":"### sec.483F Requirement to give copy of order to chief executive (associations incorporation)\n\nThis section applies if—\nan order is made under section 483B in relation to an incorporated association; and\neither—\nno appeal against the decision to make the order is started during the period for starting an appeal; or\nan appeal against the decision to make the order has been decided or withdrawn, and the order has not been set aside on appeal.\nThe registrar must give the chief executive (associations incorporation) a copy of—\nthe order; and\nan ancillary order or further order made under section 483D to support the order.\nThe copies under subsection (2) must be given—\nif subsection (1) (b) (i) applies—as soon as practicable after the period for starting an appeal ends; or\nif subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\ns 483F ins 2022 No. 27 s 51\n(sec.483F-ssec.1) This section applies if— an order is made under section 483B in relation to an incorporated association; and either— no appeal against the decision to make the order is started during the period for starting an appeal; or an appeal against the decision to make the order has been decided or withdrawn, and the order has not been set aside on appeal.\n(sec.483F-ssec.2) The registrar must give the chief executive (associations incorporation) a copy of— the order; and an ancillary order or further order made under section 483D to support the order.\n(sec.483F-ssec.3) The copies under subsection (2) must be given— if subsection (1) (b) (i) applies—as soon as practicable after the period for starting an appeal ends; or if subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\n- (a) an order is made under section 483B in relation to an incorporated association; and\n- (b) either— (i) no appeal against the decision to make the order is started during the period for starting an appeal; or (ii) an appeal against the decision to make the order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (i) no appeal against the decision to make the order is started during the period for starting an appeal; or\n- (ii) an appeal against the decision to make the order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (i) no appeal against the decision to make the order is started during the period for starting an appeal; or\n- (ii) an appeal against the decision to make the order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (a) the order; and\n- (b) an ancillary order or further order made under section 483D to support the order.\n- (a) if subsection (1) (b) (i) applies—as soon as practicable after the period for starting an appeal ends; or\n- (b) if subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.","sortOrder":681},{"sectionNumber":"sec.484","sectionType":"section","heading":"Power to reopen proceedings","content":"### sec.484 Power to reopen proceedings\n\nOn application by a person mentioned in section 485 , proceedings may be reopened by—\nfor proceedings taken before the full bench—the full bench; or\notherwise—the commission.\nIf the commission reopens proceedings, it may—\nrevoke or amend a decision or recommendation made by it; and\nmake the decision or recommendation it considers appropriate.\nIf a recommendation of the commission has been acted on by the Governor in Council and the commission later revokes or amends the recommendation, the Governor in Council may—\ncancel the action taken on the recommendation to accord with the commission’s revocation or amendment; or\namend the action to accord with the commission’s revocation or amendment.\nFailure to give notice to a person of the proceedings reopened under this section, or any part of the proceedings, leading to the making by the commission of a decision binding on the person—\ndoes not invalidate or otherwise affect the decision; but\nthe person may apply to further reopen the proceedings if—\nthe person may apply for reopening of proceedings under section 485 ; and\nthe person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.\nIf the commission grants an application for reopening, it may give the retrospective operation to its decision made in the reopened proceedings it considers appropriate.\n(sec.484-ssec.1) On application by a person mentioned in section 485 , proceedings may be reopened by— for proceedings taken before the full bench—the full bench; or otherwise—the commission.\n(sec.484-ssec.2) If the commission reopens proceedings, it may— revoke or amend a decision or recommendation made by it; and make the decision or recommendation it considers appropriate.\n(sec.484-ssec.3) If a recommendation of the commission has been acted on by the Governor in Council and the commission later revokes or amends the recommendation, the Governor in Council may— cancel the action taken on the recommendation to accord with the commission’s revocation or amendment; or amend the action to accord with the commission’s revocation or amendment.\n(sec.484-ssec.4) Failure to give notice to a person of the proceedings reopened under this section, or any part of the proceedings, leading to the making by the commission of a decision binding on the person— does not invalidate or otherwise affect the decision; but the person may apply to further reopen the proceedings if— the person may apply for reopening of proceedings under section 485 ; and the person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.\n(sec.484-ssec.5) If the commission grants an application for reopening, it may give the retrospective operation to its decision made in the reopened proceedings it considers appropriate.\n- (a) for proceedings taken before the full bench—the full bench; or\n- (b) otherwise—the commission.\n- (a) revoke or amend a decision or recommendation made by it; and\n- (b) make the decision or recommendation it considers appropriate.\n- (a) cancel the action taken on the recommendation to accord with the commission’s revocation or amendment; or\n- (b) amend the action to accord with the commission’s revocation or amendment.\n- (a) does not invalidate or otherwise affect the decision; but\n- (b) the person may apply to further reopen the proceedings if— (i) the person may apply for reopening of proceedings under section 485 ; and (ii) the person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.\n- (i) the person may apply for reopening of proceedings under section 485 ; and\n- (ii) the person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.\n- (i) the person may apply for reopening of proceedings under section 485 ; and\n- (ii) the person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.","sortOrder":682},{"sectionNumber":"sec.485","sectionType":"section","heading":"Who may apply to reopen proceedings","content":"### sec.485 Who may apply to reopen proceedings\n\nAn application for reopening of proceedings may be made by—\nthe Minister; or\na party to the proceedings; or\nfor proceedings other than proceedings relating to the making of a certified agreement or bargaining award—\nan organisation whose members are bound or affected by, or dissatisfied with, the proceedings; or\na person who—\nis bound or affected by, or dissatisfied with, the proceedings; and\nsatisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\ns 485 amd 2022 No. 27 s 52\n- (a) the Minister; or\n- (b) a party to the proceedings; or\n- (c) for proceedings other than proceedings relating to the making of a certified agreement or bargaining award— (i) an organisation whose members are bound or affected by, or dissatisfied with, the proceedings; or (ii) a person who— (A) is bound or affected by, or dissatisfied with, the proceedings; and (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\n- (i) an organisation whose members are bound or affected by, or dissatisfied with, the proceedings; or\n- (ii) a person who— (A) is bound or affected by, or dissatisfied with, the proceedings; and (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\n- (A) is bound or affected by, or dissatisfied with, the proceedings; and\n- (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\n- (i) an organisation whose members are bound or affected by, or dissatisfied with, the proceedings; or\n- (ii) a person who— (A) is bound or affected by, or dissatisfied with, the proceedings; and (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\n- (A) is bound or affected by, or dissatisfied with, the proceedings; and\n- (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.\n- (A) is bound or affected by, or dissatisfied with, the proceedings; and\n- (B) satisfies the commission the person is not an officer of, or acting for, an entity (other than an industrial organisation) that purports to represent the industrial interests of employees or employers.","sortOrder":683},{"sectionNumber":"sec.486","sectionType":"section","heading":"Referring matter to full bench","content":"### sec.486 Referring matter to full bench\n\nThe commission may, at any stage of proceedings and on the terms the commission considers appropriate, refer the matter to which the proceedings relate to the full bench.\nA commissioner may refer the matter only with the president’s approval.\nBefore the hearing of a matter by the commission starts, a party to the proceedings may apply to the president for the matter to be referred to the full bench.\nThe full bench may hear and decide a matter referred to it and make the decision it considers appropriate.\n(sec.486-ssec.1) The commission may, at any stage of proceedings and on the terms the commission considers appropriate, refer the matter to which the proceedings relate to the full bench.\n(sec.486-ssec.2) A commissioner may refer the matter only with the president’s approval.\n(sec.486-ssec.4) Before the hearing of a matter by the commission starts, a party to the proceedings may apply to the president for the matter to be referred to the full bench.\n(sec.486-ssec.6) The full bench may hear and decide a matter referred to it and make the decision it considers appropriate.","sortOrder":684},{"sectionNumber":"sec.487","sectionType":"section","heading":"Referring question of law to court","content":"### sec.487 Referring question of law to court\n\nThe commission may, at any stage of proceedings and on the terms it considers appropriate, refer in writing a question of law relevant to the proceedings for the court’s opinion.\nThe court may—\nhear and decide the question of law; and\nremit the question of law, with its opinion, to the commission.\nThe commission must give effect to the court’s opinion.\n(sec.487-ssec.1) The commission may, at any stage of proceedings and on the terms it considers appropriate, refer in writing a question of law relevant to the proceedings for the court’s opinion.\n(sec.487-ssec.2) The court may— hear and decide the question of law; and remit the question of law, with its opinion, to the commission.\n(sec.487-ssec.3) The commission must give effect to the court’s opinion.\n- (a) hear and decide the question of law; and\n- (b) remit the question of law, with its opinion, to the commission.","sortOrder":685},{"sectionNumber":"sec.488","sectionType":"section","heading":"Power to enter and inspect","content":"### sec.488 Power to enter and inspect\n\nA member, an officer of the commission or another person with a member’s written authority (a commission official ), may—\nenter a workplace in relation to which—\nan industrial dispute exists, is impending or threatened, or is likely to arise; or\nan industrial matter exists; or\nan industrial instrument or permit exists; or\na member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and\ninspect any work, machinery, appliance, materials, article or thing in or on the workplace; and\nquestion a person in or on the workplace about a matter relevant to the commission’s concern with the workplace.\nA power under subsection (1) may be exercised only during working hours at the workplace.\nIf a commission official is seeking to exercise a power under subsection (1) , a person must not—\nrefuse or unduly delay the official’s entry to the workplace; or\nfail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or\nwilfully give false information or make a false statement to the official.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nIn this section—\nworkplace means a place where—\na calling is carried on; or\nwork has been, or is being, performed; or\nanother activity has happened, or is happening.\n(sec.488-ssec.1) A member, an officer of the commission or another person with a member’s written authority (a commission official ), may— enter a workplace in relation to which— an industrial dispute exists, is impending or threatened, or is likely to arise; or an industrial matter exists; or an industrial instrument or permit exists; or a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace.\n(sec.488-ssec.2) A power under subsection (1) may be exercised only during working hours at the workplace.\n(sec.488-ssec.3) If a commission official is seeking to exercise a power under subsection (1) , a person must not— refuse or unduly delay the official’s entry to the workplace; or fail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or wilfully give false information or make a false statement to the official. Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.488-ssec.4) In this section— workplace means a place where— a calling is carried on; or work has been, or is being, performed; or another activity has happened, or is happening.\n- (a) enter a workplace in relation to which— (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or (ii) an industrial matter exists; or (iii) an industrial instrument or permit exists; or (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and\n- (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or\n- (ii) an industrial matter exists; or\n- (iii) an industrial instrument or permit exists; or\n- (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and\n- (b) inspect any work, machinery, appliance, materials, article or thing in or on the workplace; and\n- (c) question a person in or on the workplace about a matter relevant to the commission’s concern with the workplace.\n- (i) an industrial dispute exists, is impending or threatened, or is likely to arise; or\n- (ii) an industrial matter exists; or\n- (iii) an industrial instrument or permit exists; or\n- (iv) a member of the commission reasonably suspects an offence against this Act has been, or is being, committed; and\n- (a) refuse or unduly delay the official’s entry to the workplace; or\n- (b) fail to answer a question as required under subsection (1) (c) , unless the person has a lawful excuse; or\n- (c) wilfully give false information or make a false statement to the official.\n- (a) a calling is carried on; or\n- (b) work has been, or is being, performed; or\n- (c) another activity has happened, or is happening.","sortOrder":686},{"sectionNumber":"sec.489","sectionType":"section","heading":"Power to conduct a secret ballot","content":"### sec.489 Power to conduct a secret ballot\n\nThe commission may direct when, where and how a secret ballot is to be conducted.\nThe registrar must—\ncomply with the direction; and\nfor the conduct of the ballot—do the things provided for by the rules.\nPublic service officers must help the registrar, as required, to conduct the ballot.\nThe registrar must advertise the result of the ballot in a newspaper circulating in the locality concerned, unless the commission otherwise directs.\n(sec.489-ssec.1) The commission may direct when, where and how a secret ballot is to be conducted.\n(sec.489-ssec.2) The registrar must— comply with the direction; and for the conduct of the ballot—do the things provided for by the rules.\n(sec.489-ssec.3) Public service officers must help the registrar, as required, to conduct the ballot.\n(sec.489-ssec.4) The registrar must advertise the result of the ballot in a newspaper circulating in the locality concerned, unless the commission otherwise directs.\n- (a) comply with the direction; and\n- (b) for the conduct of the ballot—do the things provided for by the rules.","sortOrder":687},{"sectionNumber":"sec.490","sectionType":"section","heading":"Person must not interfere with secret ballot","content":"### sec.490 Person must not interfere with secret ballot\n\nA person must not, in relation to a secret ballot—\nresist or obstruct the registrar, a public service officer, or a person acting under the direction or authority of the registrar, performing a duty imposed, or an action directed or authorised to be done, for the ballot; or\nat or near the place where the ballot is being taken—\nthreaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or\nthreaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or\nobstruct an employee or another person in the performance of an action directed or authorised to be done for the ballot; or\nthreaten or intimidate an employee or other person to prevent the employee or another person from performing an action directed or authorised to be done for the ballot; or\nvote at the ballot unless the person—\nis entitled to vote; and\nhas received a ballot paper from the registrar; or\nvote at the ballot in another person’s name; or\nif the person is entitled to vote at the ballot—mark a ballot paper relating to the ballot, other than the ballot paper received by the person from the registrar.\nMaximum penalty—40 penalty units.\nIn this section—\nprevent includes attempt to prevent.\nresist or obstruct includes attempt to resist or obstruct.\nthreaten or intimidate includes attempt to threaten or intimidate.\nvote includes attempt to vote.\n(sec.490-ssec.1) A person must not, in relation to a secret ballot— resist or obstruct the registrar, a public service officer, or a person acting under the direction or authority of the registrar, performing a duty imposed, or an action directed or authorised to be done, for the ballot; or at or near the place where the ballot is being taken— threaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or threaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or obstruct an employee or another person in the performance of an action directed or authorised to be done for the ballot; or threaten or intimidate an employee or other person to prevent the employee or another person from performing an action directed or authorised to be done for the ballot; or vote at the ballot unless the person— is entitled to vote; and has received a ballot paper from the registrar; or vote at the ballot in another person’s name; or if the person is entitled to vote at the ballot—mark a ballot paper relating to the ballot, other than the ballot paper received by the person from the registrar. Maximum penalty—40 penalty units.\n(sec.490-ssec.2) In this section— prevent includes attempt to prevent. resist or obstruct includes attempt to resist or obstruct. threaten or intimidate includes attempt to threaten or intimidate. vote includes attempt to vote.\n- (a) resist or obstruct the registrar, a public service officer, or a person acting under the direction or authority of the registrar, performing a duty imposed, or an action directed or authorised to be done, for the ballot; or\n- (b) at or near the place where the ballot is being taken— (i) threaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or (ii) threaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or\n- (i) threaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or\n- (ii) threaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or\n- (c) obstruct an employee or another person in the performance of an action directed or authorised to be done for the ballot; or\n- (d) threaten or intimidate an employee or other person to prevent the employee or another person from performing an action directed or authorised to be done for the ballot; or\n- (e) vote at the ballot unless the person— (i) is entitled to vote; and (ii) has received a ballot paper from the registrar; or\n- (i) is entitled to vote; and\n- (ii) has received a ballot paper from the registrar; or\n- (f) vote at the ballot in another person’s name; or\n- (g) if the person is entitled to vote at the ballot—mark a ballot paper relating to the ballot, other than the ballot paper received by the person from the registrar.\n- (i) threaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or\n- (ii) threaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or\n- (i) is entitled to vote; and\n- (ii) has received a ballot paper from the registrar; or","sortOrder":688},{"sectionNumber":"ch.11-pt.2-div.5","sectionType":"division","heading":"Arrangements with other authorities","content":"## Arrangements with other authorities","sortOrder":689},{"sectionNumber":"sec.491","sectionType":"section","heading":"Member may hold other appointment","content":"### sec.491 Member may hold other appointment\n\nA member who is appointed as a member of the Australian commission may hold that appointment and the appointment as a member at the same time.","sortOrder":690},{"sectionNumber":"sec.492","sectionType":"section","heading":"Appointment of Commonwealth official as deputy president or industrial commissioner","content":"### sec.492 Appointment of Commonwealth official as deputy president or industrial commissioner\n\nThe Governor in Council may, by gazette notice, appoint a member of the Australian commission to be a deputy president or an industrial commissioner (each a dual commissioner ).\nSections 423 and 446 and 586 do not apply to the appointment of a dual commissioner or to a dual commissioner.\nThe appointment—\nis for the term decided by the Governor in Council and stated in the instrument of appointment; and\nmay be ended, with the Governor in Council’s approval, by notice given by the Minister to the dual commissioner.\nA dual commissioner—\nis not entitled to remuneration for performing the functions of a deputy president or an industrial commissioner; but\nis entitled to be paid expenses reasonably incurred by the dual commissioner in exercising powers and performing functions as a deputy president or an industrial commissioner.\nA dual commissioner stops being a deputy president or an industrial commissioner if the person—\nbecomes a person mentioned in section 445 ; or\nstops being a member of the Australian commission.\n(sec.492-ssec.1) The Governor in Council may, by gazette notice, appoint a member of the Australian commission to be a deputy president or an industrial commissioner (each a dual commissioner ).\n(sec.492-ssec.2) Sections 423 and 446 and 586 do not apply to the appointment of a dual commissioner or to a dual commissioner.\n(sec.492-ssec.3) The appointment— is for the term decided by the Governor in Council and stated in the instrument of appointment; and may be ended, with the Governor in Council’s approval, by notice given by the Minister to the dual commissioner.\n(sec.492-ssec.4) A dual commissioner— is not entitled to remuneration for performing the functions of a deputy president or an industrial commissioner; but is entitled to be paid expenses reasonably incurred by the dual commissioner in exercising powers and performing functions as a deputy president or an industrial commissioner.\n(sec.492-ssec.5) A dual commissioner stops being a deputy president or an industrial commissioner if the person— becomes a person mentioned in section 445 ; or stops being a member of the Australian commission.\n- (a) is for the term decided by the Governor in Council and stated in the instrument of appointment; and\n- (b) may be ended, with the Governor in Council’s approval, by notice given by the Minister to the dual commissioner.\n- (a) is not entitled to remuneration for performing the functions of a deputy president or an industrial commissioner; but\n- (b) is entitled to be paid expenses reasonably incurred by the dual commissioner in exercising powers and performing functions as a deputy president or an industrial commissioner.\n- (a) becomes a person mentioned in section 445 ; or\n- (b) stops being a member of the Australian commission.","sortOrder":691},{"sectionNumber":"sec.493","sectionType":"section","heading":"Role of dual commissioner","content":"### sec.493 Role of dual commissioner\n\nA dual commissioner, as agreed from time to time by the president and the president of the Australian commission—\nmust perform the functions of a deputy president or an industrial commissioner; and\nhas, and may exercise for a particular matter, the powers of—\na deputy president or an industrial commissioner; and\na member of the Australian commission.\nA provision of this Act prescribing the functions or powers of a deputy president or an industrial commissioner is subject to subsection (1) in its application to a dual commissioner.\n(sec.493-ssec.1) A dual commissioner, as agreed from time to time by the president and the president of the Australian commission— must perform the functions of a deputy president or an industrial commissioner; and has, and may exercise for a particular matter, the powers of— a deputy president or an industrial commissioner; and a member of the Australian commission.\n(sec.493-ssec.2) A provision of this Act prescribing the functions or powers of a deputy president or an industrial commissioner is subject to subsection (1) in its application to a dual commissioner.\n- (a) must perform the functions of a deputy president or an industrial commissioner; and\n- (b) has, and may exercise for a particular matter, the powers of— (i) a deputy president or an industrial commissioner; and (ii) a member of the Australian commission.\n- (i) a deputy president or an industrial commissioner; and\n- (ii) a member of the Australian commission.\n- (i) a deputy president or an industrial commissioner; and\n- (ii) a member of the Australian commission.","sortOrder":692},{"sectionNumber":"sec.494","sectionType":"section","heading":"Referring matter to Commonwealth official","content":"### sec.494 Referring matter to Commonwealth official\n\nThe president may ask the president of the Australian commission to nominate a member of that commission to deal with an industrial matter before the commission.\nIf a nomination is made, the president may refer the industrial matter to the nominated member, to be dealt with by the nominated member under this Act.\nIn dealing with the industrial matter, the nominated member—\nhas the powers of an industrial commissioner; and\nin exercising the powers, is taken to constitute the commission.\nThe nominated commissioner’s decision is taken to be a decision of the commission.\nThe referral of an industrial matter to a nominated commissioner—\ndoes not derogate from the commission’s authority to exercise jurisdiction in relation to the matter; and\nmay be revoked by the president by notice given to the nominated commissioner.\nIn this section—\nindustrial matter includes part of an industrial matter.\n(sec.494-ssec.1) The president may ask the president of the Australian commission to nominate a member of that commission to deal with an industrial matter before the commission.\n(sec.494-ssec.2) If a nomination is made, the president may refer the industrial matter to the nominated member, to be dealt with by the nominated member under this Act.\n(sec.494-ssec.3) In dealing with the industrial matter, the nominated member— has the powers of an industrial commissioner; and in exercising the powers, is taken to constitute the commission.\n(sec.494-ssec.4) The nominated commissioner’s decision is taken to be a decision of the commission.\n(sec.494-ssec.5) The referral of an industrial matter to a nominated commissioner— does not derogate from the commission’s authority to exercise jurisdiction in relation to the matter; and may be revoked by the president by notice given to the nominated commissioner.\n(sec.494-ssec.6) In this section— industrial matter includes part of an industrial matter.\n- (a) has the powers of an industrial commissioner; and\n- (b) in exercising the powers, is taken to constitute the commission.\n- (a) does not derogate from the commission’s authority to exercise jurisdiction in relation to the matter; and\n- (b) may be revoked by the president by notice given to the nominated commissioner.","sortOrder":693},{"sectionNumber":"sec.495","sectionType":"section","heading":"Conferences with industrial authorities","content":"### sec.495 Conferences with industrial authorities\n\nThis section applies if—\nthe president considers it desirable for a conference to be held with an industrial authority about an industrial matter; and\nthe industrial authority agrees to the conference.\nThe president may confer, or direct a commissioner to confer, with the industrial authority to coordinate decisions—\nunder this Act about the industrial matter; and\nby the industrial authority.\n(sec.495-ssec.1) This section applies if— the president considers it desirable for a conference to be held with an industrial authority about an industrial matter; and the industrial authority agrees to the conference.\n(sec.495-ssec.2) The president may confer, or direct a commissioner to confer, with the industrial authority to coordinate decisions— under this Act about the industrial matter; and by the industrial authority.\n- (a) the president considers it desirable for a conference to be held with an industrial authority about an industrial matter; and\n- (b) the industrial authority agrees to the conference.\n- (a) under this Act about the industrial matter; and\n- (b) by the industrial authority.","sortOrder":694},{"sectionNumber":"sec.496","sectionType":"section","heading":"Joint sessions with industrial authorities","content":"### sec.496 Joint sessions with industrial authorities\n\nThis section applies if—\nthe president considers proceedings relating to an industrial matter before the commission should be heard in a joint session with an industrial authority; and\nthe industrial authority agrees to the joint session.\nThe president may—\nhear, or direct a commissioner to hear, the proceedings in a joint session with the industrial authority; or\nconfer, or direct the commissioner to confer, with the industrial authority about the proceedings and the decision to be made in the proceedings; or\njoin, or direct the commissioner to join, with the industrial authority in the decision made in the proceedings.\n(sec.496-ssec.1) This section applies if— the president considers proceedings relating to an industrial matter before the commission should be heard in a joint session with an industrial authority; and the industrial authority agrees to the joint session.\n(sec.496-ssec.2) The president may— hear, or direct a commissioner to hear, the proceedings in a joint session with the industrial authority; or confer, or direct the commissioner to confer, with the industrial authority about the proceedings and the decision to be made in the proceedings; or join, or direct the commissioner to join, with the industrial authority in the decision made in the proceedings.\n- (a) the president considers proceedings relating to an industrial matter before the commission should be heard in a joint session with an industrial authority; and\n- (b) the industrial authority agrees to the joint session.\n- (a) hear, or direct a commissioner to hear, the proceedings in a joint session with the industrial authority; or\n- (b) confer, or direct the commissioner to confer, with the industrial authority about the proceedings and the decision to be made in the proceedings; or\n- (c) join, or direct the commissioner to join, with the industrial authority in the decision made in the proceedings.","sortOrder":695},{"sectionNumber":"sec.497","sectionType":"section","heading":"Similar matters before full bench and industrial authority","content":"### sec.497 Similar matters before full bench and industrial authority\n\nThis section applies if—\nthe president considers an industrial authority has before it an industrial matter similar to an industrial matter before the full bench that should be heard in a joint session; and\nthe industrial authority agrees to the joint session.\nThe president may—\nif the president is a member of the full bench—participate in a joint session with the industrial authority about the industrial matter; or\notherwise—direct a member of the full bench to participate in joint session with the industrial authority about the industrial matter.\nThe president or member must report the result of the joint session to the full bench.\n(sec.497-ssec.1) This section applies if— the president considers an industrial authority has before it an industrial matter similar to an industrial matter before the full bench that should be heard in a joint session; and the industrial authority agrees to the joint session.\n(sec.497-ssec.2) The president may— if the president is a member of the full bench—participate in a joint session with the industrial authority about the industrial matter; or otherwise—direct a member of the full bench to participate in joint session with the industrial authority about the industrial matter.\n(sec.497-ssec.3) The president or member must report the result of the joint session to the full bench.\n- (a) the president considers an industrial authority has before it an industrial matter similar to an industrial matter before the full bench that should be heard in a joint session; and\n- (b) the industrial authority agrees to the joint session.\n- (a) if the president is a member of the full bench—participate in a joint session with the industrial authority about the industrial matter; or\n- (b) otherwise—direct a member of the full bench to participate in joint session with the industrial authority about the industrial matter.","sortOrder":696},{"sectionNumber":"sec.498","sectionType":"section","heading":"Adoption of result of joint session","content":"### sec.498 Adoption of result of joint session\n\nThis section applies if the president or member reports the result of the joint session to the full bench under section 497 .\nThe full bench may make a general ruling under section chapter 11 , part 2 , division 4 , subdivision 1 about the industrial matter the subject of the joint session.\nBefore making the ruling, the full bench must decide whether a further hearing is necessary in relation to the matter.\n(sec.498-ssec.1) This section applies if the president or member reports the result of the joint session to the full bench under section 497 .\n(sec.498-ssec.2) The full bench may make a general ruling under section chapter 11 , part 2 , division 4 , subdivision 1 about the industrial matter the subject of the joint session.\n(sec.498-ssec.3) Before making the ruling, the full bench must decide whether a further hearing is necessary in relation to the matter.","sortOrder":697},{"sectionNumber":"sec.499","sectionType":"section","heading":"Member’s powers in joint session","content":"### sec.499 Member’s powers in joint session\n\nA member participating in a joint session with an industrial authority, in relation to the industrial matter dealt with in the joint session—\nhas the powers of the commission; and\nmust perform the functions of the commission.\n- (a) has the powers of the commission; and\n- (b) must perform the functions of the commission.","sortOrder":698},{"sectionNumber":"sec.500","sectionType":"section","heading":"President may decide matter not to be dealt with in joint session","content":"### sec.500 President may decide matter not to be dealt with in joint session\n\nThe president may decide an industrial matter should not be dealt with in a joint session and, if the decision is made after a joint session about the matter starts—\nthe member participating in the joint session must immediately stop participating; and\nthe industrial matter may proceed before the commission or, if appropriate, the full bench.\n- (a) the member participating in the joint session must immediately stop participating; and\n- (b) the industrial matter may proceed before the commission or, if appropriate, the full bench.","sortOrder":699},{"sectionNumber":"sec.501","sectionType":"section","heading":"Functions and powers vested in commission by other jurisdictions","content":"### sec.501 Functions and powers vested in commission by other jurisdictions\n\nThe commission may perform the functions and exercise the powers conferred on it under—\nthe Commonwealth Fair Work Act ; or\nanother Act of a jurisdiction other than Queensland declared for this section by a regulation.\nA decision of the commission under authority conferred by subsection (1) is not a decision made by it under this Act.\n(sec.501-ssec.1) The commission may perform the functions and exercise the powers conferred on it under— the Commonwealth Fair Work Act ; or another Act of a jurisdiction other than Queensland declared for this section by a regulation.\n(sec.501-ssec.2) A decision of the commission under authority conferred by subsection (1) is not a decision made by it under this Act.\n- (a) the Commonwealth Fair Work Act ; or\n- (b) another Act of a jurisdiction other than Queensland declared for this section by a regulation.","sortOrder":700},{"sectionNumber":"sec.502","sectionType":"section","heading":"Arrangements with Commonwealth public service","content":"### sec.502 Arrangements with Commonwealth public service\n\nArrangements may be made under the Public Sector Act 2022 , section 82 for—\na Commonwealth public servant to perform functions and exercise powers under this Act; and\na Queensland public service employee to perform functions and exercise powers under the Commonwealth Fair Work Act .\nAn arrangement under subsection (1) (a) is enough authority for a Commonwealth public servant to perform the functions and exercise the powers of a Queensland public service employee under this Act.\nIn this section—\nCommonwealth public servant means—\nan officer of the Commonwealth public service; or\na person performing functions and exercising powers under the Commonwealth Fair Work Act .\ns 502 amd 2022 No. 34 s 365 sch 3\n(sec.502-ssec.1) Arrangements may be made under the Public Sector Act 2022 , section 82 for— a Commonwealth public servant to perform functions and exercise powers under this Act; and a Queensland public service employee to perform functions and exercise powers under the Commonwealth Fair Work Act .\n(sec.502-ssec.2) An arrangement under subsection (1) (a) is enough authority for a Commonwealth public servant to perform the functions and exercise the powers of a Queensland public service employee under this Act.\n(sec.502-ssec.3) In this section— Commonwealth public servant means— an officer of the Commonwealth public service; or a person performing functions and exercising powers under the Commonwealth Fair Work Act .\n- (a) a Commonwealth public servant to perform functions and exercise powers under this Act; and\n- (b) a Queensland public service employee to perform functions and exercise powers under the Commonwealth Fair Work Act .\n- (a) an officer of the Commonwealth public service; or\n- (b) a person performing functions and exercising powers under the Commonwealth Fair Work Act .","sortOrder":701},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Industrial Magistrates Court","content":"# Industrial Magistrates Court","sortOrder":702},{"sectionNumber":"ch.11-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":703},{"sectionNumber":"sec.503","sectionType":"section","heading":"Industrial Magistrates Court","content":"### sec.503 Industrial Magistrates Court\n\nAn Industrial Magistrates Court is a court of record.","sortOrder":704},{"sectionNumber":"sec.504","sectionType":"section","heading":"Constitution","content":"### sec.504 Constitution\n\nAn Industrial Magistrates Court is constituted by a magistrate sitting alone.","sortOrder":705},{"sectionNumber":"ch.11-pt.3-div.2","sectionType":"division","heading":"Industrial magistrates","content":"## Industrial magistrates","sortOrder":706},{"sectionNumber":"sec.505","sectionType":"section","heading":"Office of industrial magistrates","content":"### sec.505 Office of industrial magistrates\n\nEach of the following persons is an industrial magistrate (a magistrate )—\na magistrate;\nan acting magistrate.\n- (a) a magistrate;\n- (b) an acting magistrate.","sortOrder":707},{"sectionNumber":"ch.11-pt.3-div.3","sectionType":"division","heading":"Jurisdiction","content":"## Jurisdiction","sortOrder":708},{"sectionNumber":"sec.506","sectionType":"section","heading":"Magistrate’s jurisdiction","content":"### sec.506 Magistrate’s jurisdiction\n\nA magistrate has jurisdiction—\nto exercise powers conferred on, or jurisdiction given to, magistrates by this Act or another Act; and\nto hear and decide proceedings about the following matters—\nan offence against this Act, unless the offence is one for which this Act makes other provision;\na claim for wages;\na claim for damages suffered by an employee because of the employer failing to pay the employee’s wages;\na claim for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) ;\na claim for damages for contravention of an agreement made under an industrial instrument;\na claim under chapter 9 , part 2 , division 2 .\nA magistrate has jurisdiction throughout the State.\nIn this section—\nfee includes charge, expense of any kind and reward.\n(sec.506-ssec.1) A magistrate has jurisdiction— to exercise powers conferred on, or jurisdiction given to, magistrates by this Act or another Act; and to hear and decide proceedings about the following matters— an offence against this Act, unless the offence is one for which this Act makes other provision; a claim for wages; a claim for damages suffered by an employee because of the employer failing to pay the employee’s wages; a claim for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) ; a claim for damages for contravention of an agreement made under an industrial instrument; a claim under chapter 9 , part 2 , division 2 .\n(sec.506-ssec.2) A magistrate has jurisdiction throughout the State.\n(sec.506-ssec.3) In this section— fee includes charge, expense of any kind and reward.\n- (a) to exercise powers conferred on, or jurisdiction given to, magistrates by this Act or another Act; and\n- (b) to hear and decide proceedings about the following matters— (i) an offence against this Act, unless the offence is one for which this Act makes other provision; (ii) a claim for wages; (iii) a claim for damages suffered by an employee because of the employer failing to pay the employee’s wages; (iv) a claim for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) ; (v) a claim for damages for contravention of an agreement made under an industrial instrument; (vi) a claim under chapter 9 , part 2 , division 2 .\n- (i) an offence against this Act, unless the offence is one for which this Act makes other provision;\n- (ii) a claim for wages;\n- (iii) a claim for damages suffered by an employee because of the employer failing to pay the employee’s wages;\n- (iv) a claim for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) ;\n- (v) a claim for damages for contravention of an agreement made under an industrial instrument;\n- (vi) a claim under chapter 9 , part 2 , division 2 .\n- (i) an offence against this Act, unless the offence is one for which this Act makes other provision;\n- (ii) a claim for wages;\n- (iii) a claim for damages suffered by an employee because of the employer failing to pay the employee’s wages;\n- (iv) a claim for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) ;\n- (v) a claim for damages for contravention of an agreement made under an industrial instrument;\n- (vi) a claim under chapter 9 , part 2 , division 2 .","sortOrder":709},{"sectionNumber":"sec.507","sectionType":"section","heading":"Magistrates’ jurisdiction is exclusive","content":"### sec.507 Magistrates’ jurisdiction is exclusive\n\nThe jurisdiction conferred on a magistrate by this Act or another Act is exclusive of the jurisdiction of another court or tribunal, unless this or the other Act provides otherwise.\nJurisdiction conferred on a magistrate for the following matters is not exclusive of another court’s jurisdiction—\na claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit or under section 22 ;\na claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit;\na claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit;\na claim for amounts payable, with an employee’s written consent, from an employee’s wages;\na claim for the repayment of a fee received by a private employment agent in contravention of section 346 (1) or (2) .\nIn this section—\nfee includes charge, expense of any kind and reward.\n(sec.507-ssec.1) The jurisdiction conferred on a magistrate by this Act or another Act is exclusive of the jurisdiction of another court or tribunal, unless this or the other Act provides otherwise.\n(sec.507-ssec.2) Jurisdiction conferred on a magistrate for the following matters is not exclusive of another court’s jurisdiction— a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit or under section 22 ; a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit; a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit; a claim for amounts payable, with an employee’s written consent, from an employee’s wages; a claim for the repayment of a fee received by a private employment agent in contravention of section 346 (1) or (2) .\n(sec.507-ssec.3) In this section— fee includes charge, expense of any kind and reward.\n- (a) a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit or under section 22 ;\n- (b) a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit;\n- (c) a claim for an employee’s wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit;\n- (d) a claim for amounts payable, with an employee’s written consent, from an employee’s wages;\n- (e) a claim for the repayment of a fee received by a private employment agent in contravention of section 346 (1) or (2) .","sortOrder":710},{"sectionNumber":"ch.11-pt.3-div.4","sectionType":"division","heading":"Fair work claims","content":"## Fair work claims","sortOrder":711},{"sectionNumber":"sec.507A","sectionType":"section","heading":"Purpose of division","content":"### sec.507A Purpose of division\n\nThe purpose of this division is to provide for the timely, inexpensive and informal resolution of fair work claims in an Industrial Magistrates Court.\nSee the Fair Work Act 2009 (Cwlth) , section 539 for the conferral of jurisdiction on eligible State or Territory courts in relation to the contravention of civil remedy provisions under that Act.\nSee also the Fair Work Act 2009 (Cwlth) , chapter 4 , part 4-1 and the Judiciary Act 1903 (Cwlth) , section 79 for the practice and procedure of an Industrial Magistrates Court when exercising jurisdiction under the Fair Work Act 2009 (Cwlth) .\ns 507A ins 2020 No. 34 s 9\n- 1 See the Fair Work Act 2009 (Cwlth) , section 539 for the conferral of jurisdiction on eligible State or Territory courts in relation to the contravention of civil remedy provisions under that Act.\n- 2 See also the Fair Work Act 2009 (Cwlth) , chapter 4 , part 4-1 and the Judiciary Act 1903 (Cwlth) , section 79 for the practice and procedure of an Industrial Magistrates Court when exercising jurisdiction under the Fair Work Act 2009 (Cwlth) .","sortOrder":712},{"sectionNumber":"sec.507B","sectionType":"section","heading":"Definitions for division","content":"### sec.507B Definitions for division\n\nIn this division—\ncivil remedy provision see the Fair Work Act 2009 (Cwlth) , section 539 (1) and (3) .\nfair work claim means a claim in relation to a civil remedy provision.\ns 507B ins 2020 No. 34 s 9","sortOrder":713},{"sectionNumber":"sec.507C","sectionType":"section","heading":"Conciliation","content":"### sec.507C Conciliation\n\nThis section applies if a person has started a proceeding for a fair work claim in an Industrial Magistrates Court.\nThe registrar may refer the fair work claim to conciliation.\nThe referral of the fair work claim to conciliation—\nmust be done as soon as practicable after the proceeding for the claim is started; and\nmust be done before the Industrial Magistrates Court hears the claim; and\nshould preferably be done before a party to the claim files a defence to the claim.\nIf the registrar refers the fair work claim to conciliation and a party does not wish to participate in conciliation, the party must notify the registrar of that fact—\nas soon as practicable; and\nbefore a conciliation conference starts.\nIf the registrar is notified under subsection (4) —\nthe conciliation must not proceed; and\nthe registrar must—\nnotify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and\nrefer the matter for hearing by the Industrial Magistrates Court.\nThe purposes of conciliation are to—\nenable the parties to reach agreement on as many matters as possible; and\nreduce the scope of the matters at issue between the parties; and\nachieve a timely, cost-effective, proportionate and agreed resolution of the fair work claim if possible.\nThe conciliator appointed for the fair work claim must start conciliating the claim as soon as practicable after being appointed.\ns 507C ins 2020 No. 34 s 9\n(sec.507C-ssec.1) This section applies if a person has started a proceeding for a fair work claim in an Industrial Magistrates Court.\n(sec.507C-ssec.2) The registrar may refer the fair work claim to conciliation.\n(sec.507C-ssec.3) The referral of the fair work claim to conciliation— must be done as soon as practicable after the proceeding for the claim is started; and must be done before the Industrial Magistrates Court hears the claim; and should preferably be done before a party to the claim files a defence to the claim.\n(sec.507C-ssec.4) If the registrar refers the fair work claim to conciliation and a party does not wish to participate in conciliation, the party must notify the registrar of that fact— as soon as practicable; and before a conciliation conference starts.\n(sec.507C-ssec.5) If the registrar is notified under subsection (4) — the conciliation must not proceed; and the registrar must— notify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and refer the matter for hearing by the Industrial Magistrates Court.\n(sec.507C-ssec.6) The purposes of conciliation are to— enable the parties to reach agreement on as many matters as possible; and reduce the scope of the matters at issue between the parties; and achieve a timely, cost-effective, proportionate and agreed resolution of the fair work claim if possible.\n(sec.507C-ssec.7) The conciliator appointed for the fair work claim must start conciliating the claim as soon as practicable after being appointed.\n- (a) must be done as soon as practicable after the proceeding for the claim is started; and\n- (b) must be done before the Industrial Magistrates Court hears the claim; and\n- (c) should preferably be done before a party to the claim files a defence to the claim.\n- (a) as soon as practicable; and\n- (b) before a conciliation conference starts.\n- (a) the conciliation must not proceed; and\n- (b) the registrar must— (i) notify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and (ii) refer the matter for hearing by the Industrial Magistrates Court.\n- (i) notify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and\n- (ii) refer the matter for hearing by the Industrial Magistrates Court.\n- (i) notify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and\n- (ii) refer the matter for hearing by the Industrial Magistrates Court.\n- (a) enable the parties to reach agreement on as many matters as possible; and\n- (b) reduce the scope of the matters at issue between the parties; and\n- (c) achieve a timely, cost-effective, proportionate and agreed resolution of the fair work claim if possible.","sortOrder":714},{"sectionNumber":"sec.507D","sectionType":"section","heading":"Conciliators for fair work claims","content":"### sec.507D Conciliators for fair work claims\n\nEach commissioner is a conciliator for fair work claims.\ns 507D ins 2020 No. 34 s 9","sortOrder":715},{"sectionNumber":"sec.507E","sectionType":"section","heading":"Procedure for conciliation process","content":"### sec.507E Procedure for conciliation process\n\nFor a conciliation process, the conciliator—\nmust decide the procedure to be used; and\nmay adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions.\na conciliation conference\nThe registrar may, at any time of the registrar’s own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for a conciliation process.\ns 507E ins 2020 No. 34 s 9\n(sec.507E-ssec.1) For a conciliation process, the conciliator— must decide the procedure to be used; and may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. a conciliation conference\n(sec.507E-ssec.2) The registrar may, at any time of the registrar’s own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for a conciliation process.\n- (a) must decide the procedure to be used; and\n- (b) may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. Example of a procedure that may be used— a conciliation conference","sortOrder":716},{"sectionNumber":"sec.507F","sectionType":"section","heading":"Conciliator to file certificate","content":"### sec.507F Conciliator to file certificate\n\nAs soon as practicable after a conciliation process is finished, the conciliator must file with the registrar a certificate about the conciliation process in the form required under the rules.\nFor subsection (1) , the conciliation process is finished if—\nthe parties agree on a resolution of all or part of the fair work claim; or\nthe conciliator decides the conciliation process is finished.\ns 507F ins 2020 No. 34 s 9\n(sec.507F-ssec.1) As soon as practicable after a conciliation process is finished, the conciliator must file with the registrar a certificate about the conciliation process in the form required under the rules.\n(sec.507F-ssec.2) For subsection (1) , the conciliation process is finished if— the parties agree on a resolution of all or part of the fair work claim; or the conciliator decides the conciliation process is finished.\n- (a) the parties agree on a resolution of all or part of the fair work claim; or\n- (b) the conciliator decides the conciliation process is finished.","sortOrder":717},{"sectionNumber":"sec.507G","sectionType":"section","heading":"Conciliation agreements","content":"### sec.507G Conciliation agreements\n\nThis section applies if, in a conciliation process, the parties agree on a resolution of all or part of the fair work claim.\nThe agreement must be written down and signed by or for each party.\ns 507G ins 2020 No. 34 s 9\n(sec.507G-ssec.1) This section applies if, in a conciliation process, the parties agree on a resolution of all or part of the fair work claim.\n(sec.507G-ssec.2) The agreement must be written down and signed by or for each party.","sortOrder":718},{"sectionNumber":"sec.507H","sectionType":"section","heading":"Orders giving effect to conciliation agreements","content":"### sec.507H Orders giving effect to conciliation agreements\n\nA party may apply to the Industrial Magistrates Court for an order giving effect to an agreement reached in a conciliation process.\nHowever, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar.\nThe Industrial Magistrates Court may make any order giving effect to an agreement reached in a conciliation process the court considers appropriate in the circumstances.\ns 507H ins 2020 No. 34 s 9\n(sec.507H-ssec.1) A party may apply to the Industrial Magistrates Court for an order giving effect to an agreement reached in a conciliation process.\n(sec.507H-ssec.2) However, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar.\n(sec.507H-ssec.3) The Industrial Magistrates Court may make any order giving effect to an agreement reached in a conciliation process the court considers appropriate in the circumstances.","sortOrder":719},{"sectionNumber":"sec.507I","sectionType":"section","heading":"Admission made in conciliation process","content":"### sec.507I Admission made in conciliation process\n\nEvidence of anything done or said, or an admission made, during the conciliation process for a fair work claim is admissible at the hearing of the claim or in another civil proceeding or elsewhere only if all the parties agree.\nIn this section—\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.\ns 507I ins 2020 No. 34 s 9\n(sec.507I-ssec.1) Evidence of anything done or said, or an admission made, during the conciliation process for a fair work claim is admissible at the hearing of the claim or in another civil proceeding or elsewhere only if all the parties agree.\n(sec.507I-ssec.2) In this section— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.","sortOrder":720},{"sectionNumber":"sec.507J","sectionType":"section","heading":"Fair work small claim—representation","content":"### sec.507J Fair work small claim—representation\n\nA party to a fair work small claim may be represented in an Industrial Magistrates Court by an official of an industrial association.\nIn this section—\nfair work small claim means a fair work claim that may be dealt with under the small claims procedure mentioned in the Fair Work Act 2009 (Cwlth) , section 548 .\nindustrial association see the Fair Work Act 2009 (Cwlth) , section 12 .\nofficial , of an industrial association, see the Fair Work Act 2009 (Cwlth) , section 12 .\nSee also the Fair Work Act 2009 (Cwlth) , section 548 (8) and Fair Work Regulations 2009 (Cwlth) , regulation 4.01 (4) .\ns 507J ins 2020 No. 34 s 9\n(sec.507J-ssec.1) A party to a fair work small claim may be represented in an Industrial Magistrates Court by an official of an industrial association.\n(sec.507J-ssec.2) In this section— fair work small claim means a fair work claim that may be dealt with under the small claims procedure mentioned in the Fair Work Act 2009 (Cwlth) , section 548 . industrial association see the Fair Work Act 2009 (Cwlth) , section 12 . official , of an industrial association, see the Fair Work Act 2009 (Cwlth) , section 12 . See also the Fair Work Act 2009 (Cwlth) , section 548 (8) and Fair Work Regulations 2009 (Cwlth) , regulation 4.01 (4) . s 507J ins 2020 No. 34 s 9","sortOrder":721},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Industrial registry","content":"# Industrial registry","sortOrder":722},{"sectionNumber":"ch.11-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":723},{"sectionNumber":"sec.508","sectionType":"section","heading":"Industrial registry","content":"### sec.508 Industrial registry\n\nThere is an Industrial Registry (the registry ).\nThe registry consists of—\nan industrial registrar (the registrar ); and\n1 or more deputy industrial registrars (a deputy registrar ); and\nthe other staff mentioned in section 522 .\n(sec.508-ssec.1) There is an Industrial Registry (the registry ).\n(sec.508-ssec.2) The registry consists of— an industrial registrar (the registrar ); and 1 or more deputy industrial registrars (a deputy registrar ); and the other staff mentioned in section 522 .\n- (a) an industrial registrar (the registrar ); and\n- (b) 1 or more deputy industrial registrars (a deputy registrar ); and\n- (c) the other staff mentioned in section 522 .","sortOrder":724},{"sectionNumber":"sec.509","sectionType":"section","heading":"Official seal","content":"### sec.509 Official seal\n\nThe registry has an official seal that must be judicially noticed.","sortOrder":725},{"sectionNumber":"sec.510","sectionType":"section","heading":"Administration","content":"### sec.510 Administration\n\nThe registrar must manage and administer the registry.","sortOrder":726},{"sectionNumber":"ch.11-pt.4-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":727},{"sectionNumber":"sec.511","sectionType":"section","heading":"Functions of the registry","content":"### sec.511 Functions of the registry\n\nThe registry has the following functions—\nto act as the registry for the court, each Industrial Magistrates Court in relation to fair work claims under part 3 , division 4 and the commission;\nto provide administrative support to the court, each Industrial Magistrates Court in relation to fair work claims under part 3 , division 4 and the commission;\nany other functions conferred on the registry by this Act.\ns 511 amd 2020 No. 34 s 10\n- (a) to act as the registry for the court, each Industrial Magistrates Court in relation to fair work claims under part 3 , division 4 and the commission;\n- (b) to provide administrative support to the court, each Industrial Magistrates Court in relation to fair work claims under part 3 , division 4 and the commission;\n- (c) any other functions conferred on the registry by this Act.","sortOrder":728},{"sectionNumber":"sec.512","sectionType":"section","heading":"Officers of the court and commission","content":"### sec.512 Officers of the court and commission\n\nThe registrar, a deputy registrar and the other staff of the registry are officers of the court and the commission.","sortOrder":729},{"sectionNumber":"ch.11-pt.4-div.3","sectionType":"division","heading":"Industrial registrar and staff","content":"## Industrial registrar and staff","sortOrder":730},{"sectionNumber":"sec.513","sectionType":"section","heading":"Functions and powers of registrar","content":"### sec.513 Functions and powers of registrar\n\nThe registrar—\nadministers the registry; and\nhas the functions conferred on the registrar under this Act or another Act.\nThe registrar has the power to do all things necessary or convenient to be done to perform the registrar’s functions.\nIn performing a function or exercising a power, the registrar must comply with a direction given by the president in relation to the court or the commission.\n(sec.513-ssec.1) The registrar— administers the registry; and has the functions conferred on the registrar under this Act or another Act.\n(sec.513-ssec.2) The registrar has the power to do all things necessary or convenient to be done to perform the registrar’s functions.\n(sec.513-ssec.3) In performing a function or exercising a power, the registrar must comply with a direction given by the president in relation to the court or the commission.\n- (a) administers the registry; and\n- (b) has the functions conferred on the registrar under this Act or another Act.","sortOrder":731},{"sectionNumber":"sec.514","sectionType":"section","heading":"Appointment of registrar","content":"### sec.514 Appointment of registrar\n\nThe Governor in Council may, by gazette notice, appoint a person to be the registrar.\nThe registrar is to be paid the remuneration and allowances decided by the Governor in Council.\nThe registrar holds office on the terms and conditions decided by the Governor in Council, other than as provided for by this Act.\n(sec.514-ssec.1) The Governor in Council may, by gazette notice, appoint a person to be the registrar.\n(sec.514-ssec.2) The registrar is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.514-ssec.3) The registrar holds office on the terms and conditions decided by the Governor in Council, other than as provided for by this Act.","sortOrder":732},{"sectionNumber":"sec.515","sectionType":"section","heading":"Preservation of registrar’s rights if a public service officer","content":"### sec.515 Preservation of registrar’s rights if a public service officer\n\nThis section applies if the person appointed as the registrar was, immediately before the appointment, a public service officer.\nThe person keeps the rights the person has accrued because of employment as a public service officer, or that would accrue in the future to the person, as if service as registrar were a continuation of service as a public service officer.\nIf the person’s term of appointment as registrar ends or the person resigns—\nthe person has the right to be employed as a public service officer—\nin the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\nat the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\nfor the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii) ; and\nto perform duties appropriate to the classification level mentioned in subparagraph (ii) ; and\nthe person’s service as registrar is taken to be service as a public service officer for working out the person’s rights as a public service officer.\nIf, immediately before the appointment, the person was a member of the scheme under the Superannuation (State Public Sector) Act 1990 , the person continues to be eligible to be, and to be, a member of the scheme.\n(sec.515-ssec.1) This section applies if the person appointed as the registrar was, immediately before the appointment, a public service officer.\n(sec.515-ssec.2) The person keeps the rights the person has accrued because of employment as a public service officer, or that would accrue in the future to the person, as if service as registrar were a continuation of service as a public service officer.\n(sec.515-ssec.3) If the person’s term of appointment as registrar ends or the person resigns— the person has the right to be employed as a public service officer— in the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and at the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and for the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii) ; and to perform duties appropriate to the classification level mentioned in subparagraph (ii) ; and the person’s service as registrar is taken to be service as a public service officer for working out the person’s rights as a public service officer.\n(sec.515-ssec.4) If, immediately before the appointment, the person was a member of the scheme under the Superannuation (State Public Sector) Act 1990 , the person continues to be eligible to be, and to be, a member of the scheme.\n- (a) the person has the right to be employed as a public service officer— (i) in the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and (ii) at the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and (iii) for the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii) ; and (iv) to perform duties appropriate to the classification level mentioned in subparagraph (ii) ; and\n- (i) in the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\n- (ii) at the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\n- (iii) for the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii) ; and\n- (iv) to perform duties appropriate to the classification level mentioned in subparagraph (ii) ; and\n- (b) the person’s service as registrar is taken to be service as a public service officer for working out the person’s rights as a public service officer.\n- (i) in the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\n- (ii) at the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and\n- (iii) for the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii) ; and\n- (iv) to perform duties appropriate to the classification level mentioned in subparagraph (ii) ; and","sortOrder":733},{"sectionNumber":"sec.516","sectionType":"section","heading":"Leave of absence of registrar","content":"### sec.516 Leave of absence of registrar\n\nThe Minister may grant leave of absence to the registrar on the terms the Minister considers appropriate.","sortOrder":734},{"sectionNumber":"sec.517","sectionType":"section","heading":"Resignation of registrar","content":"### sec.517 Resignation of registrar\n\nThe registrar may resign by signed notice given to the Minister.","sortOrder":735},{"sectionNumber":"sec.518","sectionType":"section","heading":"Termination of appointment of registrar","content":"### sec.518 Termination of appointment of registrar\n\nThe Governor in Council must end the registrar’s appointment if the registrar—\nis guilty of misconduct of a kind that would constitute grounds for termination under the Public Sector Act 2022 if the registrar were a public service officer; or\nis absent, without the Minister’s leave or without reasonable excuse, for 14 consecutive days or a total of 28 days in any year; or\nbecomes incapable of performing the functions of office.\nThe Governor in Council may end the registrar’s appointment if the registrar—\nis convicted of an indictable offence, whether in Queensland or elsewhere; or\nengages in other paid employment.\ns 518 amd 2022 No. 34 s 365 sch 3\n(sec.518-ssec.1) The Governor in Council must end the registrar’s appointment if the registrar— is guilty of misconduct of a kind that would constitute grounds for termination under the Public Sector Act 2022 if the registrar were a public service officer; or is absent, without the Minister’s leave or without reasonable excuse, for 14 consecutive days or a total of 28 days in any year; or becomes incapable of performing the functions of office.\n(sec.518-ssec.2) The Governor in Council may end the registrar’s appointment if the registrar— is convicted of an indictable offence, whether in Queensland or elsewhere; or engages in other paid employment.\n- (a) is guilty of misconduct of a kind that would constitute grounds for termination under the Public Sector Act 2022 if the registrar were a public service officer; or\n- (b) is absent, without the Minister’s leave or without reasonable excuse, for 14 consecutive days or a total of 28 days in any year; or\n- (c) becomes incapable of performing the functions of office.\n- (a) is convicted of an indictable offence, whether in Queensland or elsewhere; or\n- (b) engages in other paid employment.","sortOrder":736},{"sectionNumber":"sec.519","sectionType":"section","heading":"Acting registrar","content":"### sec.519 Acting registrar\n\nThis section applies if the registrar temporarily can not perform the functions of office.\nThe Governor in Council may, by gazette notice, appoint a person to act as the registrar.\n(sec.519-ssec.1) This section applies if the registrar temporarily can not perform the functions of office.\n(sec.519-ssec.2) The Governor in Council may, by gazette notice, appoint a person to act as the registrar.","sortOrder":737},{"sectionNumber":"sec.520","sectionType":"section","heading":"Delegation by registrar","content":"### sec.520 Delegation by registrar\n\nThe registrar may delegate a power of the registrar under this Act to—\na deputy registrar; or\nan appropriately qualified person nominated by the president; or\nfor section 346 —an appropriately qualified officer of the court or commission.\n- (a) a deputy registrar; or\n- (b) an appropriately qualified person nominated by the president; or\n- (c) for section 346 —an appropriately qualified officer of the court or commission.","sortOrder":738},{"sectionNumber":"sec.521","sectionType":"section","heading":"Functions of deputy registrars","content":"### sec.521 Functions of deputy registrars\n\nA deputy registrar helps the registrar in performing the registrar’s functions.","sortOrder":739},{"sectionNumber":"sec.522","sectionType":"section","heading":"Staff","content":"### sec.522 Staff\n\nThe staff of the registry, including a deputy registrar, are appointed under the Public Sector Act 2022 .\ns 522 amd 2022 No. 34 s 365 sch 3","sortOrder":740},{"sectionNumber":"ch.11-pt.4-div.4","sectionType":"division","heading":"QIRC website","content":"## QIRC website","sortOrder":741},{"sectionNumber":"sec.523","sectionType":"section","heading":"What is the QIRC website","content":"### sec.523 What is the QIRC website\n\nThe QIRC website is the website used by the registrar to provide public access to information about matters relating to the court, the commission and the registry.","sortOrder":742},{"sectionNumber":"sec.524","sectionType":"section","heading":"When matter is published on QIRC website","content":"### sec.524 When matter is published on QIRC website\n\nA matter is published on the QIRC website—\nif it is accessible in full on the website; or\nif—\nnotice of its making, issue or other production is accessible on the website; and\nit is made accessible separately in full in another location identified in the notice.\nThe date on which a matter is published on the QIRC website is the date notified by the registrar (whether as part of the matter or elsewhere) as the date of its publication, being a date that is not earlier than the date on which it was first made accessible under subsection (1) .\nHowever, if a matter can not for technical or other reasons be published on the QIRC website at a particular time, the matter—\nmay be published at that time as mentioned in subsection (4) ; and\nmust be published on the QIRC website as soon as practicable; and\nis taken to have been published on the QIRC website when it is published as mentioned in subsection (4) .\nIf subsection (3) applies, the registrar may publish the matter in any of the following ways—\nin the gazette;\nin a newspaper circulating throughout the State;\nanother way that gives sufficient notice of the matter to the public or the part of the public likely to be affected by or concerned with the matter.\n(sec.524-ssec.1) A matter is published on the QIRC website— if it is accessible in full on the website; or if— notice of its making, issue or other production is accessible on the website; and it is made accessible separately in full in another location identified in the notice.\n(sec.524-ssec.2) The date on which a matter is published on the QIRC website is the date notified by the registrar (whether as part of the matter or elsewhere) as the date of its publication, being a date that is not earlier than the date on which it was first made accessible under subsection (1) .\n(sec.524-ssec.3) However, if a matter can not for technical or other reasons be published on the QIRC website at a particular time, the matter— may be published at that time as mentioned in subsection (4) ; and must be published on the QIRC website as soon as practicable; and is taken to have been published on the QIRC website when it is published as mentioned in subsection (4) .\n(sec.524-ssec.4) If subsection (3) applies, the registrar may publish the matter in any of the following ways— in the gazette; in a newspaper circulating throughout the State; another way that gives sufficient notice of the matter to the public or the part of the public likely to be affected by or concerned with the matter.\n- (a) if it is accessible in full on the website; or\n- (b) if— (i) notice of its making, issue or other production is accessible on the website; and (ii) it is made accessible separately in full in another location identified in the notice.\n- (i) notice of its making, issue or other production is accessible on the website; and\n- (ii) it is made accessible separately in full in another location identified in the notice.\n- (i) notice of its making, issue or other production is accessible on the website; and\n- (ii) it is made accessible separately in full in another location identified in the notice.\n- (a) may be published at that time as mentioned in subsection (4) ; and\n- (b) must be published on the QIRC website as soon as practicable; and\n- (c) is taken to have been published on the QIRC website when it is published as mentioned in subsection (4) .\n- (a) in the gazette;\n- (b) in a newspaper circulating throughout the State;\n- (c) another way that gives sufficient notice of the matter to the public or the part of the public likely to be affected by or concerned with the matter.","sortOrder":743},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":744},{"sectionNumber":"ch.11-pt.5-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":745},{"sectionNumber":"sec.525","sectionType":"section","heading":"Definitions for part","content":"### sec.525 Definitions for part\n\nIn this part—\nadminister an oath includes authorise the administering of an oath.\nexercising , jurisdiction, includes exercising powers and performing functions.\ntake , a statutory declaration, includes authorise the taking of a statutory declaration.","sortOrder":746},{"sectionNumber":"ch.11-pt.5-div.2","sectionType":"division","heading":"Starting proceedings and service of process","content":"## Starting proceedings and service of process","sortOrder":747},{"sectionNumber":"sec.526","sectionType":"section","heading":"Organisations may start proceedings","content":"### sec.526 Organisations may start proceedings\n\nWithout limiting the authority of the State or a person to start proceedings, an organisation, in its registered name, may start proceedings for—\ncontraventions of industrial instruments or permits; or\nan offence against this Act; or\nrecovery of an amount payable to an employee.\n- (a) contraventions of industrial instruments or permits; or\n- (b) an offence against this Act; or\n- (c) recovery of an amount payable to an employee.","sortOrder":748},{"sectionNumber":"sec.527","sectionType":"section","heading":"Starting proceedings","content":"### sec.527 Starting proceedings\n\nA proceeding in the court or commission or before the registrar may be started on application by—\nan organisation or an officer or member of an organisation; or\nthe Minister; or\na State peak council; or\nan inspector; or\nan employer; or\na person who has an interest in the matter to which the application relates.\nProceedings may also be started by the commission on its own initiative.\nIn proceedings, the commission may call before it the persons it considers necessary.\nThis section does not affect another provision of this Act providing for the starting of particular proceedings, including who may start the proceedings.\n(sec.527-ssec.1) A proceeding in the court or commission or before the registrar may be started on application by— an organisation or an officer or member of an organisation; or the Minister; or a State peak council; or an inspector; or an employer; or a person who has an interest in the matter to which the application relates.\n(sec.527-ssec.2) Proceedings may also be started by the commission on its own initiative.\n(sec.527-ssec.3) In proceedings, the commission may call before it the persons it considers necessary.\n(sec.527-ssec.4) This section does not affect another provision of this Act providing for the starting of particular proceedings, including who may start the proceedings.\n- (a) an organisation or an officer or member of an organisation; or\n- (b) the Minister; or\n- (c) a State peak council; or\n- (d) an inspector; or\n- (e) an employer; or\n- (f) a person who has an interest in the matter to which the application relates.","sortOrder":749},{"sectionNumber":"sec.528","sectionType":"section","heading":"Service of process","content":"### sec.528 Service of process\n\nSubsection (2) applies if, for a proceeding, any of the following (each a relevant person ) considers service of a document can not be effected promptly by personal service—\nfor proceedings in the court—\nthe president; or\nthe vice-president; or\na deputy president (court); or\nthe registrar;\nfor proceedings in the commission—\nthe commission; or\nthe registrar.\nThe relevant person may order—\nsubstituted service of the document; or\nnotice of the document be given by letter, fax, email or advertisement in an appropriate newspaper, or by another means, instead of service.\nService or notice in accordance with the order is sufficient service of the person required to be served.\nUnless otherwise ordered by the relevant person, the following is taken to be service of a document on all employers who have employees engaged in the calling, or any related calling, relevant to the purpose of the document—\nservice of the document on an employer organisation;\nsubstituted service or notice of the document in accordance with an order under subsection (2) .\n(sec.528-ssec.1) Subsection (2) applies if, for a proceeding, any of the following (each a relevant person ) considers service of a document can not be effected promptly by personal service— for proceedings in the court— the president; or the vice-president; or a deputy president (court); or the registrar; for proceedings in the commission— the commission; or the registrar.\n(sec.528-ssec.2) The relevant person may order— substituted service of the document; or notice of the document be given by letter, fax, email or advertisement in an appropriate newspaper, or by another means, instead of service.\n(sec.528-ssec.3) Service or notice in accordance with the order is sufficient service of the person required to be served.\n(sec.528-ssec.4) Unless otherwise ordered by the relevant person, the following is taken to be service of a document on all employers who have employees engaged in the calling, or any related calling, relevant to the purpose of the document— service of the document on an employer organisation; substituted service or notice of the document in accordance with an order under subsection (2) .\n- (a) for proceedings in the court— (i) the president; or (ii) the vice-president; or (iii) a deputy president (court); or (iv) the registrar;\n- (i) the president; or\n- (ii) the vice-president; or\n- (iii) a deputy president (court); or\n- (iv) the registrar;\n- (b) for proceedings in the commission— (i) the commission; or (ii) the registrar.\n- (i) the commission; or\n- (ii) the registrar.\n- (i) the president; or\n- (ii) the vice-president; or\n- (iii) a deputy president (court); or\n- (iv) the registrar;\n- (i) the commission; or\n- (ii) the registrar.\n- (a) substituted service of the document; or\n- (b) notice of the document be given by letter, fax, email or advertisement in an appropriate newspaper, or by another means, instead of service.\n- (a) service of the document on an employer organisation;\n- (b) substituted service or notice of the document in accordance with an order under subsection (2) .","sortOrder":750},{"sectionNumber":"ch.11-pt.5-div.3","sectionType":"division","heading":"Conduct of proceedings","content":"## Conduct of proceedings","sortOrder":751},{"sectionNumber":"sec.529","sectionType":"section","heading":"Representation of parties generally","content":"### sec.529 Representation of parties generally\n\nA party to proceedings, or a person ordered or permitted to appear or to be represented in the proceedings, may be represented in the proceedings by—\na lawyer, only in accordance with section 530 ; or\nan employee or officer of an organisation appointed in writing as the agent of the party or person; or\nif the party or person is an organisation—an employee, officer or member of the organisation; or\nif the party or person is an employer—an employee or officer of the employer; or\nanother person appointed in writing as the agent of the party or person, only with the leave of the industrial tribunal conducting the proceedings.\nHowever, a party or person may not be represented under subsection (1) (e) by a person who—\ndirectly or indirectly demands or receives a fee for representing the party or person; or\nis an employee or officer of, or acting for, an entity (other than an organisation) that purports to represent the industrial interests of employees or employers.\nThe industrial tribunal may give leave under subsection (1) (e) only if—\ngiving leave would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or\nit would be unfair not to allow the party or person to be represented because the party or person is unable to represent itself, himself or herself; or\nit would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.\nIn this section—\nindustrial tribunal means the Court of Appeal, court, full bench or commission or an Industrial Magistrates Court.\nproceedings —\nmeans proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and\nincludes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator.\ns 529 amd 2020 No. 35 s 7 ; 2020 No. 34 s 11 ; 2022 No. 27 s 52A\n(sec.529-ssec.1) A party to proceedings, or a person ordered or permitted to appear or to be represented in the proceedings, may be represented in the proceedings by— a lawyer, only in accordance with section 530 ; or an employee or officer of an organisation appointed in writing as the agent of the party or person; or if the party or person is an organisation—an employee, officer or member of the organisation; or if the party or person is an employer—an employee or officer of the employer; or another person appointed in writing as the agent of the party or person, only with the leave of the industrial tribunal conducting the proceedings.\n(sec.529-ssec.2) However, a party or person may not be represented under subsection (1) (e) by a person who— directly or indirectly demands or receives a fee for representing the party or person; or is an employee or officer of, or acting for, an entity (other than an organisation) that purports to represent the industrial interests of employees or employers.\n(sec.529-ssec.3) The industrial tribunal may give leave under subsection (1) (e) only if— giving leave would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or it would be unfair not to allow the party or person to be represented because the party or person is unable to represent itself, himself or herself; or it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.\n(sec.529-ssec.4) In this section— industrial tribunal means the Court of Appeal, court, full bench or commission or an Industrial Magistrates Court. proceedings — means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator.\n- (a) a lawyer, only in accordance with section 530 ; or\n- (b) an employee or officer of an organisation appointed in writing as the agent of the party or person; or\n- (c) if the party or person is an organisation—an employee, officer or member of the organisation; or\n- (d) if the party or person is an employer—an employee or officer of the employer; or\n- (e) another person appointed in writing as the agent of the party or person, only with the leave of the industrial tribunal conducting the proceedings.\n- (a) directly or indirectly demands or receives a fee for representing the party or person; or\n- (c) is an employee or officer of, or acting for, an entity (other than an organisation) that purports to represent the industrial interests of employees or employers.\n- (a) giving leave would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or\n- (b) it would be unfair not to allow the party or person to be represented because the party or person is unable to represent itself, himself or herself; or\n- (c) it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.\n- (a) means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and\n- (b) includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator.","sortOrder":752},{"sectionNumber":"sec.530","sectionType":"section","heading":"Legal representation","content":"### sec.530 Legal representation\n\nThis section applies in relation to proceedings other than a proceeding for a public service appeal.\nA party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if—\nfor proceedings in the court—\nall parties consent; or\nthe court gives leave; or\nthe proceedings are for the prosecution of an offence; or\nfor proceedings before the full bench—the full bench gives leave; or\nfor proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or\nfor proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or\nfor other proceedings before the commission, other than the full bench—\nall parties consent; or\nfor a proceeding relating to a matter under a relevant provision—the commission gives leave; or\nfor proceedings before an Industrial Magistrates Court—\nall parties consent; or\nboth of the following apply—\nthe proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and\nan Industrial Magistrates Court gives leave; or\nthe proceedings are for the prosecution of an offence; or\nfor proceedings before the registrar, including interlocutory proceedings—\nall parties consent; or\nthe registrar gives leave; or\nfor proceedings before a conciliator—the conciliator gives leave.\nHowever, the person or party must not be represented by a lawyer—\nif the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or\nin proceedings before the commission under section 403 or 475 ; or\nin proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) .\nDespite subsection (1) , a party or person may be represented by a lawyer in making a written submission to the commission in relation to—\nthe making or variation of a modern award under chapter 3 ; and\nthe making of a general ruling about the Queensland minimum wage under section 458 .\nAn industrial tribunal may give leave under subsection (1) only if—\nit would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or\nit would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or\nit would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.\na party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy\na person is from a non-English speaking background or has difficulty reading or writing\nFor this section, a party or person is taken not to be represented by a lawyer if the lawyer is—\nan employee or officer of the party or person; or\nan employee or officer of an entity representing the party or person, if the entity is—\nan organisation; or\na State peak council; or\nanother entity that only has members who are employers.\nIn proceedings before the Industrial Magistrates Court for the prosecution of an offence under subsection (1) (f) , the person represented can not be awarded costs of the representation.\nIn this section—\nindustrial tribunal means the Court of Appeal, court, full bench, commission or Industrial Magistrates Court.\nproceedings —\nmeans proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and\nincludes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator.\nrelevant provision , for a proceeding before the commission other than the full bench, means—\nchapter 8 ; or\nsection 471 ; or\nchapter 12 , part 2 or 16 .\ns 530 amd 2020 No. 35 s 8 ; 2020 No. 34 s 12 ; 2022 No. 27 ss 53 , 3 sch 1\n(sec.530-ssec.1A) This section applies in relation to proceedings other than a proceeding for a public service appeal.\n(sec.530-ssec.1) A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if— for proceedings in the court— all parties consent; or the court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the full bench—the full bench gives leave; or for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or for other proceedings before the commission, other than the full bench— all parties consent; or for a proceeding relating to a matter under a relevant provision—the commission gives leave; or for proceedings before an Industrial Magistrates Court— all parties consent; or both of the following apply— the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and an Industrial Magistrates Court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the registrar, including interlocutory proceedings— all parties consent; or the registrar gives leave; or for proceedings before a conciliator—the conciliator gives leave.\n(sec.530-ssec.2) However, the person or party must not be represented by a lawyer— if the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or in proceedings before the commission under section 403 or 475 ; or in proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) .\n(sec.530-ssec.3) Despite subsection (1) , a party or person may be represented by a lawyer in making a written submission to the commission in relation to— the making or variation of a modern award under chapter 3 ; and the making of a general ruling about the Queensland minimum wage under section 458 .\n(sec.530-ssec.4) An industrial tribunal may give leave under subsection (1) only if— it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings. a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy a person is from a non-English speaking background or has difficulty reading or writing\n(sec.530-ssec.5) For this section, a party or person is taken not to be represented by a lawyer if the lawyer is— an employee or officer of the party or person; or an employee or officer of an entity representing the party or person, if the entity is— an organisation; or a State peak council; or another entity that only has members who are employers.\n(sec.530-ssec.6) In proceedings before the Industrial Magistrates Court for the prosecution of an offence under subsection (1) (f) , the person represented can not be awarded costs of the representation.\n(sec.530-ssec.7) In this section— industrial tribunal means the Court of Appeal, court, full bench, commission or Industrial Magistrates Court. proceedings — means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator. relevant provision , for a proceeding before the commission other than the full bench, means— chapter 8 ; or section 471 ; or chapter 12 , part 2 or 16 .\n- (a) for proceedings in the court— (i) all parties consent; or (ii) the court gives leave; or (iii) the proceedings are for the prosecution of an offence; or\n- (i) all parties consent; or\n- (ii) the court gives leave; or\n- (iii) the proceedings are for the prosecution of an offence; or\n- (b) for proceedings before the full bench—the full bench gives leave; or\n- (c) for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or\n- (d) for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or\n- (e) for other proceedings before the commission, other than the full bench— (i) all parties consent; or (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or\n- (i) all parties consent; or\n- (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or\n- (f) for proceedings before an Industrial Magistrates Court— (i) all parties consent; or (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or (iii) the proceedings are for the prosecution of an offence; or\n- (i) all parties consent; or\n- (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or\n- (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and\n- (B) an Industrial Magistrates Court gives leave; or\n- (iii) the proceedings are for the prosecution of an offence; or\n- (g) for proceedings before the registrar, including interlocutory proceedings— (i) all parties consent; or (ii) the registrar gives leave; or\n- (i) all parties consent; or\n- (ii) the registrar gives leave; or\n- (h) for proceedings before a conciliator—the conciliator gives leave.\n- (i) all parties consent; or\n- (ii) the court gives leave; or\n- (iii) the proceedings are for the prosecution of an offence; or\n- (i) all parties consent; or\n- (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or\n- (i) all parties consent; or\n- (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or\n- (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and\n- (B) an Industrial Magistrates Court gives leave; or\n- (iii) the proceedings are for the prosecution of an offence; or\n- (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and\n- (B) an Industrial Magistrates Court gives leave; or\n- (i) all parties consent; or\n- (ii) the registrar gives leave; or\n- (a) if the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or\n- (b) in proceedings before the commission under section 403 or 475 ; or\n- (c) in proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) .\n- (a) the making or variation of a modern award under chapter 3 ; and\n- (b) the making of a general ruling about the Queensland minimum wage under section 458 .\n- (a) it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or\n- (b) it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or\n- (c) it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.\n- • a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy\n- • a person is from a non-English speaking background or has difficulty reading or writing\n- (a) an employee or officer of the party or person; or\n- (b) an employee or officer of an entity representing the party or person, if the entity is— (i) an organisation; or (ii) a State peak council; or (iii) another entity that only has members who are employers.\n- (i) an organisation; or\n- (ii) a State peak council; or\n- (iii) another entity that only has members who are employers.\n- (i) an organisation; or\n- (ii) a State peak council; or\n- (iii) another entity that only has members who are employers.\n- (a) means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and\n- (b) includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator.\n- (a) chapter 8 ; or\n- (b) section 471 ; or\n- (c) chapter 12 , part 2 or 16 .","sortOrder":753},{"sectionNumber":"sec.530A","sectionType":"section","heading":"Representation—public service appeals","content":"### sec.530A Representation—public service appeals\n\nThis section applies in relation to a proceeding for a public service appeal.\nA party to the appeal may—\nappear personally; or\nbe represented in the proceeding by another person under section 529 .\nHowever, a party may not be represented under subsection (2) (b) by a lawyer.\nFor this section, a party is taken not to be represented by a lawyer if the lawyer is—\nan employee or officer of the party or person; or\nif the party is represented by an organisation—an employee or officer of the organisation.\ns 530A ins 2020 No. 35 s 9\namd 2022 No. 27 s 53A\n(sec.530A-ssec.1) This section applies in relation to a proceeding for a public service appeal.\n(sec.530A-ssec.2) A party to the appeal may— appear personally; or be represented in the proceeding by another person under section 529 .\n(sec.530A-ssec.3) However, a party may not be represented under subsection (2) (b) by a lawyer.\n(sec.530A-ssec.4) For this section, a party is taken not to be represented by a lawyer if the lawyer is— an employee or officer of the party or person; or if the party is represented by an organisation—an employee or officer of the organisation.\n- (a) appear personally; or\n- (b) be represented in the proceeding by another person under section 529 .\n- (a) an employee or officer of the party or person; or\n- (b) if the party is represented by an organisation—an employee or officer of the organisation.","sortOrder":754},{"sectionNumber":"sec.531","sectionType":"section","heading":"Decisions of the commission and magistrates","content":"### sec.531 Decisions of the commission and magistrates\n\nSubsections (2) and (3) do not apply to proceedings for—\nthe recovery of amounts, other than a relevant amount; or\nan offence against this Act.\nIn proceedings, the commission or Industrial Magistrates Court—\nis not bound by rules of evidence; and\nmay inform itself in the way it considers appropriate in the exercise of its jurisdiction.\nAlso, the commission or Industrial Magistrates Court is to be guided in its decisions by equity, good conscience and the substantial merits of the case having regard to the interests of—\nthe persons immediately concerned; and\nthe community as a whole.\nIn proceedings, the commission may admit evidence given before, and the findings of, the Queensland Human Rights Commission as evidence.\nIn making a decision, other than a decision made under chapter 4 , part 3 , division 2 , the commission must consider the public interest, and in doing so must consider—\nthe main purpose of this Act; and\nthe likely effects of the commission’s decision on the community, economy, industry, the particular industry concerned and industry generally.\nIn this section—\nrelevant amount means—\nan amount of not more than $100,000 ordered under section 379 , 386 or 396 ; or\nan amount ordered under section 405 or 475 .\ns 531 amd 2019 No. 5 s 143 ; 2020 No. 34 s 13 ; 2024 No. 40 s 12\n(sec.531-ssec.1) Subsections (2) and (3) do not apply to proceedings for— the recovery of amounts, other than a relevant amount; or an offence against this Act.\n(sec.531-ssec.2) In proceedings, the commission or Industrial Magistrates Court— is not bound by rules of evidence; and may inform itself in the way it considers appropriate in the exercise of its jurisdiction.\n(sec.531-ssec.3) Also, the commission or Industrial Magistrates Court is to be guided in its decisions by equity, good conscience and the substantial merits of the case having regard to the interests of— the persons immediately concerned; and the community as a whole.\n(sec.531-ssec.4) In proceedings, the commission may admit evidence given before, and the findings of, the Queensland Human Rights Commission as evidence.\n(sec.531-ssec.5) In making a decision, other than a decision made under chapter 4 , part 3 , division 2 , the commission must consider the public interest, and in doing so must consider— the main purpose of this Act; and the likely effects of the commission’s decision on the community, economy, industry, the particular industry concerned and industry generally.\n(sec.531-ssec.6) In this section— relevant amount means— an amount of not more than $100,000 ordered under section 379 , 386 or 396 ; or an amount ordered under section 405 or 475 .\n- (a) the recovery of amounts, other than a relevant amount; or\n- (b) an offence against this Act.\n- (a) is not bound by rules of evidence; and\n- (b) may inform itself in the way it considers appropriate in the exercise of its jurisdiction.\n- (a) the persons immediately concerned; and\n- (b) the community as a whole.\n- (a) the main purpose of this Act; and\n- (b) the likely effects of the commission’s decision on the community, economy, industry, the particular industry concerned and industry generally.\n- (a) an amount of not more than $100,000 ordered under section 379 , 386 or 396 ; or\n- (b) an amount ordered under section 405 or 475 .","sortOrder":755},{"sectionNumber":"sec.532","sectionType":"section","heading":"Competence and compellability of witnesses","content":"### sec.532 Competence and compellability of witnesses\n\nA party to proceedings in the court or commission is competent, and may be compelled, to give evidence in the proceedings as a witness to the same extent as a witness in civil proceedings in the Supreme Court.","sortOrder":756},{"sectionNumber":"sec.533","sectionType":"section","heading":"Intervention","content":"### sec.533 Intervention\n\nThe Minister may intervene—\nin proceedings before an industrial tribunal; or\nin proceedings before another court or tribunal that relate to—\nthe jurisdiction or powers of the court, the commission, a magistrate or the registrar; or\na matter for which the jurisdiction or powers mentioned in subparagraph (i) may be exercised; or\nthe interpretation of this Act.\nA State peak council may intervene in proceedings before the commission if any of the State peak council’s members has a sufficient interest in the proceedings.\nOn intervening under this section, the Minister or State peak council becomes a party to the proceedings.\nIn this section—\nindustrial tribunal means the court, the commission, an Industrial Magistrates Court or the registrar.\n(sec.533-ssec.1) The Minister may intervene— in proceedings before an industrial tribunal; or in proceedings before another court or tribunal that relate to— the jurisdiction or powers of the court, the commission, a magistrate or the registrar; or a matter for which the jurisdiction or powers mentioned in subparagraph (i) may be exercised; or the interpretation of this Act.\n(sec.533-ssec.2) A State peak council may intervene in proceedings before the commission if any of the State peak council’s members has a sufficient interest in the proceedings.\n(sec.533-ssec.3) On intervening under this section, the Minister or State peak council becomes a party to the proceedings.\n(sec.533-ssec.4) In this section— industrial tribunal means the court, the commission, an Industrial Magistrates Court or the registrar.\n- (a) in proceedings before an industrial tribunal; or\n- (b) in proceedings before another court or tribunal that relate to— (i) the jurisdiction or powers of the court, the commission, a magistrate or the registrar; or (ii) a matter for which the jurisdiction or powers mentioned in subparagraph (i) may be exercised; or (iii) the interpretation of this Act.\n- (i) the jurisdiction or powers of the court, the commission, a magistrate or the registrar; or\n- (ii) a matter for which the jurisdiction or powers mentioned in subparagraph (i) may be exercised; or\n- (iii) the interpretation of this Act.\n- (i) the jurisdiction or powers of the court, the commission, a magistrate or the registrar; or\n- (ii) a matter for which the jurisdiction or powers mentioned in subparagraph (i) may be exercised; or\n- (iii) the interpretation of this Act.","sortOrder":757},{"sectionNumber":"sec.534","sectionType":"section","heading":"Adjournment by registrar","content":"### sec.534 Adjournment by registrar\n\nIf a member of the commission can not attend at the time appointed for hearing proceedings, the registrar may adjourn the court or commission, and any business for the day, to a day and time the registrar considers convenient.","sortOrder":758},{"sectionNumber":"sec.535","sectionType":"section","heading":"State employee to give information","content":"### sec.535 State employee to give information\n\nA person employed by the State must, if the court or commission asks, give the court or commission information the person has knowledge of in an official capacity.\nThe person must comply with the request despite an obligation under an Act or law not to disclose information, unless the Act or law allows, justifies or excuses a refusal to give it in evidence in legal proceedings.\n(sec.535-ssec.1) A person employed by the State must, if the court or commission asks, give the court or commission information the person has knowledge of in an official capacity.\n(sec.535-ssec.2) The person must comply with the request despite an obligation under an Act or law not to disclose information, unless the Act or law allows, justifies or excuses a refusal to give it in evidence in legal proceedings.","sortOrder":759},{"sectionNumber":"ch.11-pt.5-div.4","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":760},{"sectionNumber":"sec.536","sectionType":"section","heading":"Interlocutory proceedings","content":"### sec.536 Interlocutory proceedings\n\nFor conducting proceedings under this Act or another Act, the court, commission or registrar may make orders or give directions the court, commission or registrar considers just and necessary in relation to interlocutory matters to be taken before the hearing of the proceedings, including matters about the following—\nnaming and joinder of parties;\npersons to be served with notice of proceedings;\ncalling of persons to attend in proceedings;\nparticulars of the claims of the parties;\nthe issues to be referred to the court or commission;\nadmissions, discovery, interrogatories or inspection of documents or property;\nexamination of witnesses;\ncosts of the interlocutory proceedings;\nplace, time and mode of hearing of the cause.\n- (a) naming and joinder of parties;\n- (b) persons to be served with notice of proceedings;\n- (c) calling of persons to attend in proceedings;\n- (d) particulars of the claims of the parties;\n- (e) the issues to be referred to the court or commission;\n- (f) admissions, discovery, interrogatories or inspection of documents or property;\n- (g) examination of witnesses;\n- (h) costs of the interlocutory proceedings;\n- (i) place, time and mode of hearing of the cause.","sortOrder":761},{"sectionNumber":"sec.537","sectionType":"section","heading":"Power to order inquiry or taking of evidence","content":"### sec.537 Power to order inquiry or taking of evidence\n\nThe commission, by order, may direct—\nthe registrar to conduct an inquiry into a matter the commission requires information about for the exercise of the commission’s jurisdiction; or\nan appropriately qualified person to take evidence for the commission about an industrial cause.\nThe registrar or appropriately qualified person must comply promptly with the direction and report, or give a record of evidence taken, to the commission.\nThe registrar may call persons to attend before the registrar and examine parties and witnesses for—\nconducting an inquiry mentioned in subsection (1) ; or\ndisposing of another matter referred to the registrar under this Act.\nA person directed to take evidence under subsection (1) has all the powers of the commission for—\ncalling witnesses; and\nrequiring production of records.\n(sec.537-ssec.1) The commission, by order, may direct— the registrar to conduct an inquiry into a matter the commission requires information about for the exercise of the commission’s jurisdiction; or an appropriately qualified person to take evidence for the commission about an industrial cause.\n(sec.537-ssec.2) The registrar or appropriately qualified person must comply promptly with the direction and report, or give a record of evidence taken, to the commission.\n(sec.537-ssec.3) The registrar may call persons to attend before the registrar and examine parties and witnesses for— conducting an inquiry mentioned in subsection (1) ; or disposing of another matter referred to the registrar under this Act.\n(sec.537-ssec.4) A person directed to take evidence under subsection (1) has all the powers of the commission for— calling witnesses; and requiring production of records.\n- (a) the registrar to conduct an inquiry into a matter the commission requires information about for the exercise of the commission’s jurisdiction; or\n- (b) an appropriately qualified person to take evidence for the commission about an industrial cause.\n- (a) conducting an inquiry mentioned in subsection (1) ; or\n- (b) disposing of another matter referred to the registrar under this Act.\n- (a) calling witnesses; and\n- (b) requiring production of records.","sortOrder":762},{"sectionNumber":"sec.538","sectionType":"section","heading":"Power to administer oath","content":"### sec.538 Power to administer oath\n\nIn exercising jurisdiction, the following persons may take evidence on oath or statutory declaration, and for that purpose, administer an oath or take a statutory declaration—\na person constituting the court, the commission or an Industrial Magistrates Court;\nthe registrar;\na person directed by the commission to take evidence for the commission.\n- (a) a person constituting the court, the commission or an Industrial Magistrates Court;\n- (b) the registrar;\n- (c) a person directed by the commission to take evidence for the commission.","sortOrder":763},{"sectionNumber":"sec.539","sectionType":"section","heading":"Powers incidental to exercise of jurisdiction","content":"### sec.539 Powers incidental to exercise of jurisdiction\n\nExcept as otherwise provided for by this Act or the rules, the court, commission or registrar may—\nat or before a hearing, take steps to find out whether all persons who are to be bound by a decision to be made in proceedings have been called to attend or given notice of, the proceedings; and\ndirect, for proceedings—\nwho the parties to the proceedings are; and\nby whom the parties may be represented; and\npersons to be called to attend the proceedings, if the persons have not been called and it appears the persons should attend the proceedings; and\nparties to be joined or struck out; and\nwho may be heard and on what conditions; and\nhear and decide an industrial cause in the way that appears best suited for the purpose; and\nallow claims in the proceedings to be amended on terms that appear fair and just; and\ncorrect, amend or waive an error, defect or irregularity in the proceedings, whether substantive or formal; and\ngive directions under a decision that the court, commission or registrar considers necessary for, or conducive and appropriate to, the effective implementation of the decision; and\nhear and decide an industrial cause in the absence of a party, or person who has been called to attend or served with a notice to appear, at the proceedings; and\nsit at any time and in any place for hearing and deciding an industrial cause, and adjourn a sitting to any time and place; and\nrefer technical matters, accounting matters, or matters involving expert knowledge to an expert, and admit the expert’s report in evidence; and\nextend a prescribed or stated time, before or after expiry of the time; and\nwaive compliance with the rules.\n- (a) at or before a hearing, take steps to find out whether all persons who are to be bound by a decision to be made in proceedings have been called to attend or given notice of, the proceedings; and\n- (b) direct, for proceedings— (i) who the parties to the proceedings are; and (ii) by whom the parties may be represented; and (iii) persons to be called to attend the proceedings, if the persons have not been called and it appears the persons should attend the proceedings; and (iv) parties to be joined or struck out; and (v) who may be heard and on what conditions; and\n- (i) who the parties to the proceedings are; and\n- (ii) by whom the parties may be represented; and\n- (iii) persons to be called to attend the proceedings, if the persons have not been called and it appears the persons should attend the proceedings; and\n- (iv) parties to be joined or struck out; and\n- (v) who may be heard and on what conditions; and\n- (c) hear and decide an industrial cause in the way that appears best suited for the purpose; and\n- (d) allow claims in the proceedings to be amended on terms that appear fair and just; and\n- (e) correct, amend or waive an error, defect or irregularity in the proceedings, whether substantive or formal; and\n- (f) give directions under a decision that the court, commission or registrar considers necessary for, or conducive and appropriate to, the effective implementation of the decision; and\n- (g) hear and decide an industrial cause in the absence of a party, or person who has been called to attend or served with a notice to appear, at the proceedings; and\n- (h) sit at any time and in any place for hearing and deciding an industrial cause, and adjourn a sitting to any time and place; and\n- (i) refer technical matters, accounting matters, or matters involving expert knowledge to an expert, and admit the expert’s report in evidence; and\n- (j) extend a prescribed or stated time, before or after expiry of the time; and\n- (k) waive compliance with the rules.\n- (i) who the parties to the proceedings are; and\n- (ii) by whom the parties may be represented; and\n- (iii) persons to be called to attend the proceedings, if the persons have not been called and it appears the persons should attend the proceedings; and\n- (iv) parties to be joined or struck out; and\n- (v) who may be heard and on what conditions; and","sortOrder":764},{"sectionNumber":"sec.540","sectionType":"section","heading":"Power to obtain data and expert evidence","content":"### sec.540 Power to obtain data and expert evidence\n\nIf the commission wants expert evidence based on facts or figures to decide an industrial cause, it may—\norder the following persons to give it returns of the facts or figures—\nan organisation that is, or any of whose members are, a party to the proceedings;\nan employer who is, or a group of employers who are, a party to the proceedings; and\nallow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.\nA person giving returns or preparing reports under subsection (1) must include in the return or report—\nall particulars relevant to the cause; and\nthe particulars the commission asks for.\nHowever, the person must not, without the commission’s leave, otherwise divulge to another person—\nthe name of the organisation that gave the return; or\nbusiness information of a private or confidential nature extracted from the return.\nMaximum penalty—20 penalty units.\nA schedule, as far as possible, must extend beyond 1 year’s operation of a business or industry.\n(sec.540-ssec.1) If the commission wants expert evidence based on facts or figures to decide an industrial cause, it may— order the following persons to give it returns of the facts or figures— an organisation that is, or any of whose members are, a party to the proceedings; an employer who is, or a group of employers who are, a party to the proceedings; and allow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.\n(sec.540-ssec.2) A person giving returns or preparing reports under subsection (1) must include in the return or report— all particulars relevant to the cause; and the particulars the commission asks for.\n(sec.540-ssec.3) However, the person must not, without the commission’s leave, otherwise divulge to another person— the name of the organisation that gave the return; or business information of a private or confidential nature extracted from the return. Maximum penalty—20 penalty units.\n(sec.540-ssec.4) A schedule, as far as possible, must extend beyond 1 year’s operation of a business or industry.\n- (a) order the following persons to give it returns of the facts or figures— (i) an organisation that is, or any of whose members are, a party to the proceedings; (ii) an employer who is, or a group of employers who are, a party to the proceedings; and\n- (i) an organisation that is, or any of whose members are, a party to the proceedings;\n- (ii) an employer who is, or a group of employers who are, a party to the proceedings; and\n- (b) allow a person selected by it as an expert to prepare, from the returns, reports directed to matters that the commission seeks to be informed on.\n- (i) an organisation that is, or any of whose members are, a party to the proceedings;\n- (ii) an employer who is, or a group of employers who are, a party to the proceedings; and\n- (a) all particulars relevant to the cause; and\n- (b) the particulars the commission asks for.\n- (a) the name of the organisation that gave the return; or\n- (b) business information of a private or confidential nature extracted from the return.","sortOrder":765},{"sectionNumber":"ch.11-pt.5-div.5","sectionType":"division","heading":"Decisions and enforcement","content":"## Decisions and enforcement","sortOrder":766},{"sectionNumber":"sec.541","sectionType":"section","heading":"Decisions generally","content":"### sec.541 Decisions generally\n\nThe court or commission may, in an industrial cause do any of the following—\nmake a decision it considers just, and include provision for preventing or settling the industrial dispute or dealing with the industrial matter to which the cause relates, without being restricted to any specific relief claimed by the parties to the cause;\ndismiss the cause, or refrain from hearing, further hearing, or deciding the cause, if the court or commission considers—\nthe cause is trivial; or\nfurther proceedings by the court or commission are not necessary or desirable in the public interest;\norder a party to the cause to pay another party the expenses, including witness expenses, it considers appropriate.\n- (a) make a decision it considers just, and include provision for preventing or settling the industrial dispute or dealing with the industrial matter to which the cause relates, without being restricted to any specific relief claimed by the parties to the cause;\n- (b) dismiss the cause, or refrain from hearing, further hearing, or deciding the cause, if the court or commission considers— (i) the cause is trivial; or (ii) further proceedings by the court or commission are not necessary or desirable in the public interest;\n- (i) the cause is trivial; or\n- (ii) further proceedings by the court or commission are not necessary or desirable in the public interest;\n- (c) order a party to the cause to pay another party the expenses, including witness expenses, it considers appropriate.\n- (i) the cause is trivial; or\n- (ii) further proceedings by the court or commission are not necessary or desirable in the public interest;","sortOrder":767},{"sectionNumber":"sec.542","sectionType":"section","heading":"Reserved decisions","content":"### sec.542 Reserved decisions\n\nThe court or commission may reserve its decision in proceedings.\nIf a decision is reserved—\nit may be pronounced at—\na continuation or resumption of the court or commission; or\na subsequent sitting of the court or commission; or\nthe court or commission may give its written decision, signed by the person or each of the persons constituting the court or commission, to the registrar.\nThe registrar must file a written decision in the registry and give a copy of it to each of the parties to the industrial cause.\nA written decision has effect when the decision is filed as if it had been pronounced by the court or commission.\n(sec.542-ssec.1) The court or commission may reserve its decision in proceedings.\n(sec.542-ssec.2) If a decision is reserved— it may be pronounced at— a continuation or resumption of the court or commission; or a subsequent sitting of the court or commission; or the court or commission may give its written decision, signed by the person or each of the persons constituting the court or commission, to the registrar.\n(sec.542-ssec.3) The registrar must file a written decision in the registry and give a copy of it to each of the parties to the industrial cause.\n(sec.542-ssec.4) A written decision has effect when the decision is filed as if it had been pronounced by the court or commission.\n- (a) it may be pronounced at— (i) a continuation or resumption of the court or commission; or (ii) a subsequent sitting of the court or commission; or\n- (i) a continuation or resumption of the court or commission; or\n- (ii) a subsequent sitting of the court or commission; or\n- (b) the court or commission may give its written decision, signed by the person or each of the persons constituting the court or commission, to the registrar.\n- (i) a continuation or resumption of the court or commission; or\n- (ii) a subsequent sitting of the court or commission; or","sortOrder":768},{"sectionNumber":"sec.543","sectionType":"section","heading":"Commission decisions must be in plain English","content":"### sec.543 Commission decisions must be in plain English\n\nThe commission must ensure the commission’s written decisions are—\nin plain English; and\nstructured in a way that makes a decision as easy to understand as the subject matter allows.\n- (a) in plain English; and\n- (b) structured in a way that makes a decision as easy to understand as the subject matter allows.","sortOrder":769},{"sectionNumber":"sec.544","sectionType":"section","heading":"Decisions of court or commission","content":"### sec.544 Decisions of court or commission\n\nIn the exercise of its jurisdiction, the court or commission may—\nmake the decisions it considers necessary—\nin the interests of justice in proceedings before it; and\nfor the execution of another decision of the court or commission; and\nenforce its own decisions; and\ndirect the issue of a writ or process; and\nimpose and enforce a penalty allowed or prescribed by this Act or another Act in the same way a Supreme Court judgment is enforced.\nA decision of the court or commission must be made and enforced in the same way as a judgment or order of the Supreme Court.\nFor subsection (2) , the Uniform Civil Procedures Rules must be complied with to the extent reasonably possible, with the amendments the court or commission approves.\nThe registrar, deputy registrars, sheriff, bailiffs and officers of the Supreme Court or Magistrates Courts ( court officers ) are taken to be officers of the court and commission for—\na decision, including the enforcement of a decision, of the court or commission; and\nimposing functions or conferring powers on court officers under the rules.\n(sec.544-ssec.1) In the exercise of its jurisdiction, the court or commission may— make the decisions it considers necessary— in the interests of justice in proceedings before it; and for the execution of another decision of the court or commission; and enforce its own decisions; and direct the issue of a writ or process; and impose and enforce a penalty allowed or prescribed by this Act or another Act in the same way a Supreme Court judgment is enforced.\n(sec.544-ssec.2) A decision of the court or commission must be made and enforced in the same way as a judgment or order of the Supreme Court.\n(sec.544-ssec.3) For subsection (2) , the Uniform Civil Procedures Rules must be complied with to the extent reasonably possible, with the amendments the court or commission approves.\n(sec.544-ssec.4) The registrar, deputy registrars, sheriff, bailiffs and officers of the Supreme Court or Magistrates Courts ( court officers ) are taken to be officers of the court and commission for— a decision, including the enforcement of a decision, of the court or commission; and imposing functions or conferring powers on court officers under the rules.\n- (a) make the decisions it considers necessary— (i) in the interests of justice in proceedings before it; and (ii) for the execution of another decision of the court or commission; and\n- (i) in the interests of justice in proceedings before it; and\n- (ii) for the execution of another decision of the court or commission; and\n- (b) enforce its own decisions; and\n- (c) direct the issue of a writ or process; and\n- (d) impose and enforce a penalty allowed or prescribed by this Act or another Act in the same way a Supreme Court judgment is enforced.\n- (i) in the interests of justice in proceedings before it; and\n- (ii) for the execution of another decision of the court or commission; and\n- (a) a decision, including the enforcement of a decision, of the court or commission; and\n- (b) imposing functions or conferring powers on court officers under the rules.","sortOrder":770},{"sectionNumber":"sec.545","sectionType":"section","heading":"General power to award costs","content":"### sec.545 General power to award costs\n\nA person must bear the person’s own costs in relation to a proceeding before the court or commission.\nHowever, the court or commission may, on application by a party to the proceeding, order—\na party to the proceeding to pay costs incurred by another party if the court or commission is satisfied—\nthe party made the application or responded to the application vexatiously or without reasonable cause; or\nit would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success; or\na representative of a party (the represented party ) to pay costs incurred by another party to the proceeding if the court or commission is satisfied the representative caused the costs to be incurred—\nbecause the representative encouraged the represented party to start, continue or respond to the proceeding and it should have been reasonably apparent to the representative that the person had no reasonable prospect of success in the proceeding; or\nbecause of an unreasonable act or omission of the representative in connection with the conduct or continuation of the proceeding.\nThe court or commission may order a party to pay another party an amount reasonably payable to a person who is not a lawyer, for representing the other party.\n(sec.545-ssec.1) A person must bear the person’s own costs in relation to a proceeding before the court or commission.\n(sec.545-ssec.2) However, the court or commission may, on application by a party to the proceeding, order— a party to the proceeding to pay costs incurred by another party if the court or commission is satisfied— the party made the application or responded to the application vexatiously or without reasonable cause; or it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success; or a representative of a party (the represented party ) to pay costs incurred by another party to the proceeding if the court or commission is satisfied the representative caused the costs to be incurred— because the representative encouraged the represented party to start, continue or respond to the proceeding and it should have been reasonably apparent to the representative that the person had no reasonable prospect of success in the proceeding; or because of an unreasonable act or omission of the representative in connection with the conduct or continuation of the proceeding.\n(sec.545-ssec.3) The court or commission may order a party to pay another party an amount reasonably payable to a person who is not a lawyer, for representing the other party.\n- (a) a party to the proceeding to pay costs incurred by another party if the court or commission is satisfied— (i) the party made the application or responded to the application vexatiously or without reasonable cause; or (ii) it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success; or\n- (i) the party made the application or responded to the application vexatiously or without reasonable cause; or\n- (ii) it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success; or\n- (b) a representative of a party (the represented party ) to pay costs incurred by another party to the proceeding if the court or commission is satisfied the representative caused the costs to be incurred— (i) because the representative encouraged the represented party to start, continue or respond to the proceeding and it should have been reasonably apparent to the representative that the person had no reasonable prospect of success in the proceeding; or (ii) because of an unreasonable act or omission of the representative in connection with the conduct or continuation of the proceeding.\n- (i) because the representative encouraged the represented party to start, continue or respond to the proceeding and it should have been reasonably apparent to the representative that the person had no reasonable prospect of success in the proceeding; or\n- (ii) because of an unreasonable act or omission of the representative in connection with the conduct or continuation of the proceeding.\n- (i) the party made the application or responded to the application vexatiously or without reasonable cause; or\n- (ii) it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success; or\n- (i) because the representative encouraged the represented party to start, continue or respond to the proceeding and it should have been reasonably apparent to the representative that the person had no reasonable prospect of success in the proceeding; or\n- (ii) because of an unreasonable act or omission of the representative in connection with the conduct or continuation of the proceeding.","sortOrder":771},{"sectionNumber":"sec.546","sectionType":"section","heading":"Recovery of amounts under orders","content":"### sec.546 Recovery of amounts under orders\n\nIf the court or commission in proceedings orders an amount be paid, as a penalty or otherwise, the registrar may issue a certificate under the seal of the court or commission, stating—\nthe amount payable; and\nwho must pay the amount; and\nto whom the amount must be paid; and\nany conditions about the payment.\nThe amount may be recovered as a debt.\nWhen the certificate is filed in a court of competent jurisdiction in an action for recovery of the debt, the order evidenced by the certificate is enforceable as an order made by the court in which the certificate is filed.\nThis section does not limit other ways in which amounts may be recovered on an order of the court or commission.\nIn this section—\nregistrar means either—\nthe registrar under this Act; or\nfor an order made by a magistrate on remission from the commission under section 405 or 475 , the registrar of the Magistrates Court.\n(sec.546-ssec.1) If the court or commission in proceedings orders an amount be paid, as a penalty or otherwise, the registrar may issue a certificate under the seal of the court or commission, stating— the amount payable; and who must pay the amount; and to whom the amount must be paid; and any conditions about the payment.\n(sec.546-ssec.2) The amount may be recovered as a debt.\n(sec.546-ssec.3) When the certificate is filed in a court of competent jurisdiction in an action for recovery of the debt, the order evidenced by the certificate is enforceable as an order made by the court in which the certificate is filed.\n(sec.546-ssec.4) This section does not limit other ways in which amounts may be recovered on an order of the court or commission.\n(sec.546-ssec.5) In this section— registrar means either— the registrar under this Act; or for an order made by a magistrate on remission from the commission under section 405 or 475 , the registrar of the Magistrates Court.\n- (a) the amount payable; and\n- (b) who must pay the amount; and\n- (c) to whom the amount must be paid; and\n- (d) any conditions about the payment.\n- (a) the registrar under this Act; or\n- (b) for an order made by a magistrate on remission from the commission under section 405 or 475 , the registrar of the Magistrates Court.","sortOrder":772},{"sectionNumber":"sec.547","sectionType":"section","heading":"Recovering amounts from organisations","content":"### sec.547 Recovering amounts from organisations\n\nThis section applies for the recovery of—\na penalty imposed on an organisation under this Act; or\nan amount ordered to be paid by an organisation under this Act.\nProcess may be issued and executed against the organisation’s property, whether the property is vested in trustees or is otherwise held for the organisation, as if the organisation, as a corporation, were the absolute owner of the property.\nIn this section—\nproperty of an organisation means property that the organisation has—\nlegal title to; or\na beneficial interest in, to the extent of the interest.\n(sec.547-ssec.1) This section applies for the recovery of— a penalty imposed on an organisation under this Act; or an amount ordered to be paid by an organisation under this Act.\n(sec.547-ssec.2) Process may be issued and executed against the organisation’s property, whether the property is vested in trustees or is otherwise held for the organisation, as if the organisation, as a corporation, were the absolute owner of the property.\n(sec.547-ssec.3) In this section— property of an organisation means property that the organisation has— legal title to; or a beneficial interest in, to the extent of the interest.\n- (a) a penalty imposed on an organisation under this Act; or\n- (b) an amount ordered to be paid by an organisation under this Act.\n- (a) legal title to; or\n- (b) a beneficial interest in, to the extent of the interest.","sortOrder":773},{"sectionNumber":"ch.11-pt.5-div.5A","sectionType":"division","heading":"Conciliation of unpaid amount claims","content":"## Conciliation of unpaid amount claims","sortOrder":774},{"sectionNumber":"sec.547A","sectionType":"section","heading":"Purpose of division","content":"### sec.547A Purpose of division\n\nThe purpose of this division is to provide for the timely, inexpensive and informal resolution of unpaid amount claims in the commission or an Industrial Magistrates Court.\ns 547A ins 2020 No. 34 s 14","sortOrder":775},{"sectionNumber":"sec.547B","sectionType":"section","heading":"Definitions for division","content":"### sec.547B Definitions for division\n\nIn this division—\nindustrial tribunal , for an unpaid amount claim, means—\nfor a claim started by an application to a magistrate—the magistrate; or\nfor a claim started by an application to the commission—the commission.\nunpaid amount claim means a claim that may be made by application under section 379 , 386 , 396 or 476 .\ns 547B ins 2020 No. 34 s 14\n- (a) for a claim started by an application to a magistrate—the magistrate; or\n- (b) for a claim started by an application to the commission—the commission.","sortOrder":776},{"sectionNumber":"sec.547C","sectionType":"section","heading":"Conciliation","content":"### sec.547C Conciliation\n\nThis section applies if a person has started a proceeding for an unpaid amount claim.\nThe registrar may refer the unpaid amount claim to conciliation.\nThe referral of the unpaid amount claim—\nmust be done as soon as practicable after the proceeding for the claim has started; and\nmust be done before the industrial tribunal for the claim hears it; and\nshould preferably be done before a party to the claim files a defence to the claim.\nIf the registrar refers the unpaid amount claim to conciliation and a party does not wish to participate in conciliation, the party must notify the registrar of that fact—\nas soon as practicable; and\nbefore a conciliation conference starts.\nIf the registrar is notified under subsection (4) —\nthe conciliation must not proceed; and\nthe registrar must—\nnotify the industrial tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and\nrefer the matter for hearing by the industrial tribunal.\nThe purposes of conciliation are to—\nenable the parties to reach agreement on as many matters as possible; and\nreduce the scope of the matters at issue between the parties; and\nachieve a timely, cost-effective, proportionate and agreed resolution of the unpaid amount claim if possible.\nThe conciliator appointed for the unpaid amount claim must start conciliating the claim as soon as practicable after being appointed.\ns 547C ins 2020 No. 34 s 14\n(sec.547C-ssec.1) This section applies if a person has started a proceeding for an unpaid amount claim.\n(sec.547C-ssec.2) The registrar may refer the unpaid amount claim to conciliation.\n(sec.547C-ssec.3) The referral of the unpaid amount claim— must be done as soon as practicable after the proceeding for the claim has started; and must be done before the industrial tribunal for the claim hears it; and should preferably be done before a party to the claim files a defence to the claim.\n(sec.547C-ssec.4) If the registrar refers the unpaid amount claim to conciliation and a party does not wish to participate in conciliation, the party must notify the registrar of that fact— as soon as practicable; and before a conciliation conference starts.\n(sec.547C-ssec.5) If the registrar is notified under subsection (4) — the conciliation must not proceed; and the registrar must— notify the industrial tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and refer the matter for hearing by the industrial tribunal.\n(sec.547C-ssec.6) The purposes of conciliation are to— enable the parties to reach agreement on as many matters as possible; and reduce the scope of the matters at issue between the parties; and achieve a timely, cost-effective, proportionate and agreed resolution of the unpaid amount claim if possible.\n(sec.547C-ssec.7) The conciliator appointed for the unpaid amount claim must start conciliating the claim as soon as practicable after being appointed.\n- (a) must be done as soon as practicable after the proceeding for the claim has started; and\n- (b) must be done before the industrial tribunal for the claim hears it; and\n- (c) should preferably be done before a party to the claim files a defence to the claim.\n- (a) as soon as practicable; and\n- (b) before a conciliation conference starts.\n- (a) the conciliation must not proceed; and\n- (b) the registrar must— (i) notify the industrial tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and (ii) refer the matter for hearing by the industrial tribunal.\n- (i) notify the industrial tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and\n- (ii) refer the matter for hearing by the industrial tribunal.\n- (i) notify the industrial tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and\n- (ii) refer the matter for hearing by the industrial tribunal.\n- (a) enable the parties to reach agreement on as many matters as possible; and\n- (b) reduce the scope of the matters at issue between the parties; and\n- (c) achieve a timely, cost-effective, proportionate and agreed resolution of the unpaid amount claim if possible.","sortOrder":777},{"sectionNumber":"sec.547D","sectionType":"section","heading":"Conciliators for unpaid amount claims","content":"### sec.547D Conciliators for unpaid amount claims\n\nEach commissioner is a conciliator for unpaid amount claims.\ns 547D ins 2020 No. 34 s 14","sortOrder":778},{"sectionNumber":"sec.547E","sectionType":"section","heading":"Procedure for conciliation process","content":"### sec.547E Procedure for conciliation process\n\nFor a conciliation process, the conciliator—\nmust decide the procedure to be used; and\nmay adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions.\na conciliation conference\nThe registrar may, at any time of the registrar’s own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for the conciliation process.\ns 547E ins 2020 No. 34 s 14\n(sec.547E-ssec.1) For a conciliation process, the conciliator— must decide the procedure to be used; and may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. a conciliation conference\n(sec.547E-ssec.2) The registrar may, at any time of the registrar’s own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for the conciliation process.\n- (a) must decide the procedure to be used; and\n- (b) may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. Example of a procedure that may be used— a conciliation conference","sortOrder":779},{"sectionNumber":"sec.547F","sectionType":"section","heading":"Conciliator to file certificate","content":"### sec.547F Conciliator to file certificate\n\nAs soon as practicable after a conciliation process is finished, the conciliator must file with the registrar a certificate about the conciliation process in the form required under the rules.\nFor subsection (1) , the conciliation process is finished if—\nthe parties agree on a resolution of all or part of the unpaid amount claim; or\nthe conciliator decides the conciliation process is finished.\ns 547F ins 2020 No. 34 s 14\n(sec.547F-ssec.1) As soon as practicable after a conciliation process is finished, the conciliator must file with the registrar a certificate about the conciliation process in the form required under the rules.\n(sec.547F-ssec.2) For subsection (1) , the conciliation process is finished if— the parties agree on a resolution of all or part of the unpaid amount claim; or the conciliator decides the conciliation process is finished.\n- (a) the parties agree on a resolution of all or part of the unpaid amount claim; or\n- (b) the conciliator decides the conciliation process is finished.","sortOrder":780},{"sectionNumber":"sec.547G","sectionType":"section","heading":"Conciliation agreements","content":"### sec.547G Conciliation agreements\n\nThis section applies if, in a conciliation process, the parties agree on a resolution of all or part of the unpaid amount claim.\nThe agreement must be written down and signed by or for each party.\ns 547G ins 2020 No. 34 s 14\n(sec.547G-ssec.1) This section applies if, in a conciliation process, the parties agree on a resolution of all or part of the unpaid amount claim.\n(sec.547G-ssec.2) The agreement must be written down and signed by or for each party.","sortOrder":781},{"sectionNumber":"sec.547H","sectionType":"section","heading":"Orders giving effect to conciliation agreements","content":"### sec.547H Orders giving effect to conciliation agreements\n\nA party to an unpaid amount claim may apply to the industrial tribunal for the claim for an order giving effect to an agreement reached in a conciliation process.\nHowever, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar.\nThe industrial tribunal may make any order giving effect to an agreement reached in a conciliation process the industrial tribunal considers appropriate in the circumstances.\ns 547H ins 2020 No. 34 s 14\n(sec.547H-ssec.1) A party to an unpaid amount claim may apply to the industrial tribunal for the claim for an order giving effect to an agreement reached in a conciliation process.\n(sec.547H-ssec.2) However, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar.\n(sec.547H-ssec.3) The industrial tribunal may make any order giving effect to an agreement reached in a conciliation process the industrial tribunal considers appropriate in the circumstances.","sortOrder":782},{"sectionNumber":"sec.547I","sectionType":"section","heading":"Admission made in conciliation process","content":"### sec.547I Admission made in conciliation process\n\nEvidence of anything done or said, or an admission made, during the conciliation process for an unpaid amount claim is admissible at the hearing of the claim or in another civil proceeding or elsewhere only if all the parties agree.\nIn this section—\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.\ns 547I ins 2020 No. 34 s 14\n(sec.547I-ssec.1) Evidence of anything done or said, or an admission made, during the conciliation process for an unpaid amount claim is admissible at the hearing of the claim or in another civil proceeding or elsewhere only if all the parties agree.\n(sec.547I-ssec.2) In this section— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.","sortOrder":783},{"sectionNumber":"ch.11-pt.5-div.6","sectionType":"division","heading":"Proceedings under Anti-Discrimination Act 1991","content":"## Proceedings under Anti-Discrimination Act 1991","sortOrder":784},{"sectionNumber":"sec.548","sectionType":"section","heading":"Costs provisions","content":"### sec.548 Costs provisions\n\nThe provisions for costs in schedule 2 apply to a proceeding—\nheard by the commission under the Anti-Discrimination Act 1991 ; or\nfor an appeal to the court under part 6 against a decision of the commission in relation to a proceeding mentioned in paragraph (a) .\nIf a provision of schedule 2 is inconsistent with any other provision of this Act, the schedule prevails to the extent of the inconsistency.\n(sec.548-ssec.1) The provisions for costs in schedule 2 apply to a proceeding— heard by the commission under the Anti-Discrimination Act 1991 ; or for an appeal to the court under part 6 against a decision of the commission in relation to a proceeding mentioned in paragraph (a) .\n(sec.548-ssec.2) If a provision of schedule 2 is inconsistent with any other provision of this Act, the schedule prevails to the extent of the inconsistency.\n- (a) heard by the commission under the Anti-Discrimination Act 1991 ; or\n- (b) for an appeal to the court under part 6 against a decision of the commission in relation to a proceeding mentioned in paragraph (a) .","sortOrder":785},{"sectionNumber":"ch.11-pt.5-div.7","sectionType":"division","heading":"Protections and immunities","content":"## Protections and immunities","sortOrder":786},{"sectionNumber":"sec.549","sectionType":"section","heading":"Protections and immunities","content":"### sec.549 Protections and immunities\n\nA member of the court or commission or a magistrate has, in the exercise of jurisdiction for this Act or another Act, the protection and immunities of a Supreme Court judge exercising the jurisdiction of a judge.\nA member of the court or commission, a magistrate or the registrar (the official ) has, in proceedings for defamation for a publication made to or by the official in the official’s official capacity, a defence of absolute privilege if the publication was made in good faith.\nThe burden of proving the absence of good faith lies with a person who alleges the absence.\n(sec.549-ssec.1) A member of the court or commission or a magistrate has, in the exercise of jurisdiction for this Act or another Act, the protection and immunities of a Supreme Court judge exercising the jurisdiction of a judge.\n(sec.549-ssec.2) A member of the court or commission, a magistrate or the registrar (the official ) has, in proceedings for defamation for a publication made to or by the official in the official’s official capacity, a defence of absolute privilege if the publication was made in good faith.\n(sec.549-ssec.3) The burden of proving the absence of good faith lies with a person who alleges the absence.","sortOrder":787},{"sectionNumber":"ch.11-pt.5-div.8","sectionType":"division","heading":"Rules and practice","content":"## Rules and practice","sortOrder":788},{"sectionNumber":"sec.550","sectionType":"section","heading":"Rules committee","content":"### sec.550 Rules committee\n\nThe president must establish a rules committee consisting of the following members—\nthe president;\nthe vice-president;\neach deputy president.\nThe president is the chairperson of the rules committee.\nThe functions of the rules committee include—\ndeveloping and reviewing the rules under this Act; and\napproving forms under section 989 ; and\nany other function conferred on the rules committee under this Act.\nThe rules committee may conduct its business and proceedings at meetings in the way it decides.\nHowever—\nthe chairperson has a deliberative vote and, in the event of an equality of votes, a casting vote; and\nthe rules committee must consult with—\nfor a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or\nfor a rule relating to the registry—the registrar.\n(sec.550-ssec.1) The president must establish a rules committee consisting of the following members— the president; the vice-president; each deputy president.\n(sec.550-ssec.2) The president is the chairperson of the rules committee.\n(sec.550-ssec.3) The functions of the rules committee include— developing and reviewing the rules under this Act; and approving forms under section 989 ; and any other function conferred on the rules committee under this Act.\n(sec.550-ssec.4) The rules committee may conduct its business and proceedings at meetings in the way it decides.\n(sec.550-ssec.5) However— the chairperson has a deliberative vote and, in the event of an equality of votes, a casting vote; and the rules committee must consult with— for a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or for a rule relating to the registry—the registrar.\n- (a) the president;\n- (b) the vice-president;\n- (c) each deputy president.\n- (a) developing and reviewing the rules under this Act; and\n- (b) approving forms under section 989 ; and\n- (c) any other function conferred on the rules committee under this Act.\n- (a) the chairperson has a deliberative vote and, in the event of an equality of votes, a casting vote; and\n- (b) the rules committee must consult with— (i) for a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or (ii) for a rule relating to the registry—the registrar.\n- (i) for a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or\n- (ii) for a rule relating to the registry—the registrar.\n- (i) for a rule relating to the Industrial Magistrates Court—the Chief Magistrate; or\n- (ii) for a rule relating to the registry—the registrar.","sortOrder":789},{"sectionNumber":"sec.551","sectionType":"section","heading":"Rules","content":"### sec.551 Rules\n\nThe Governor in Council may make rules under this Act.\nThe rules may only be made with the consent of the rules committee.\nRules may be made about the following matters—\nregulating the practice and procedure to be followed and used—\nfor proceedings in the court, commission or Industrial Magistrates Court and before the registrar; and\nsubject to section 544 , for making and recording decisions and actions of the court, commission or registrar; and\nfor the performance by the commission of a function conferred on it under a referral agreement; and\nfor the exercise of jurisdiction conferred on the commission under the Anti-Discrimination Act 1991 , the Public Sector Act 2022 or another Act;\npublishing decisions and other actions of the court, commission or registrar and the effect of the publication;\nrecovering fines and penalties imposed;\nenforcing orders for attachment or imprisonment and orders made by the court or commission for the payment of amounts;\nfees and expenses payable to witnesses;\nfees payable in relation to proceedings in the court or commission or before the registrar, and the party by whom the fees must be paid;\nservice of process, notices, orders or other things on parties and other persons;\nelectronic filing, receiving, serving, issuing or sending documents and material for use in, or in connection with, proceedings before the court, commission or Industrial Magistrates Court, including, electronic representations or equivalents of seals, stamps and signatures and their validity;\nthe functions and powers of officers of the court or commission;\ndelegating the jurisdiction of the commission as permitted by this Act;\nrequiring organisations or other entities to give returns, lists of officers or members and other statistical information to the registrar;\nproviding for all matters necessary or expedient to be provided for to allow for—\nthe full and effective exercise of the jurisdiction and powers of the court, commission, Industrial Magistrates Court and registrar; and\ngiving effect to the decisions, convictions and actions made, recorded, or done by the court, the commission, a magistrate, the registrar, or an officer of the court or commission.\nRules made under this section are subordinate legislation.\ns 551 amd 2020 No. 35 s 10 ; 2022 No. 34 s 365 sch 3\n(sec.551-ssec.1) The Governor in Council may make rules under this Act.\n(sec.551-ssec.2) The rules may only be made with the consent of the rules committee.\n(sec.551-ssec.3) Rules may be made about the following matters— regulating the practice and procedure to be followed and used— for proceedings in the court, commission or Industrial Magistrates Court and before the registrar; and subject to section 544 , for making and recording decisions and actions of the court, commission or registrar; and for the performance by the commission of a function conferred on it under a referral agreement; and for the exercise of jurisdiction conferred on the commission under the Anti-Discrimination Act 1991 , the Public Sector Act 2022 or another Act; publishing decisions and other actions of the court, commission or registrar and the effect of the publication; recovering fines and penalties imposed; enforcing orders for attachment or imprisonment and orders made by the court or commission for the payment of amounts; fees and expenses payable to witnesses; fees payable in relation to proceedings in the court or commission or before the registrar, and the party by whom the fees must be paid; service of process, notices, orders or other things on parties and other persons; electronic filing, receiving, serving, issuing or sending documents and material for use in, or in connection with, proceedings before the court, commission or Industrial Magistrates Court, including, electronic representations or equivalents of seals, stamps and signatures and their validity; the functions and powers of officers of the court or commission; delegating the jurisdiction of the commission as permitted by this Act; requiring organisations or other entities to give returns, lists of officers or members and other statistical information to the registrar; providing for all matters necessary or expedient to be provided for to allow for— the full and effective exercise of the jurisdiction and powers of the court, commission, Industrial Magistrates Court and registrar; and giving effect to the decisions, convictions and actions made, recorded, or done by the court, the commission, a magistrate, the registrar, or an officer of the court or commission.\n(sec.551-ssec.4) Rules made under this section are subordinate legislation.\n- (a) regulating the practice and procedure to be followed and used— (i) for proceedings in the court, commission or Industrial Magistrates Court and before the registrar; and (ii) subject to section 544 , for making and recording decisions and actions of the court, commission or registrar; and (iii) for the performance by the commission of a function conferred on it under a referral agreement; and (iv) for the exercise of jurisdiction conferred on the commission under the Anti-Discrimination Act 1991 , the Public Sector Act 2022 or another Act;\n- (i) for proceedings in the court, commission or Industrial Magistrates Court and before the registrar; and\n- (ii) subject to section 544 , for making and recording decisions and actions of the court, commission or registrar; and\n- (iii) for the performance by the commission of a function conferred on it under a referral agreement; and\n- (iv) for the exercise of jurisdiction conferred on the commission under the Anti-Discrimination Act 1991 , the Public Sector Act 2022 or another Act;\n- (b) publishing decisions and other actions of the court, commission or registrar and the effect of the publication;\n- (c) recovering fines and penalties imposed;\n- (d) enforcing orders for attachment or imprisonment and orders made by the court or commission for the payment of amounts;\n- (e) fees and expenses payable to witnesses;\n- (f) fees payable in relation to proceedings in the court or commission or before the registrar, and the party by whom the fees must be paid;\n- (g) service of process, notices, orders or other things on parties and other persons;\n- (h) electronic filing, receiving, serving, issuing or sending documents and material for use in, or in connection with, proceedings before the court, commission or Industrial Magistrates Court, including, electronic representations or equivalents of seals, stamps and signatures and their validity;\n- (i) the functions and powers of officers of the court or commission;\n- (j) delegating the jurisdiction of the commission as permitted by this Act;\n- (k) requiring organisations or other entities to give returns, lists of officers or members and other statistical information to the registrar;\n- (l) providing for all matters necessary or expedient to be provided for to allow for— (i) the full and effective exercise of the jurisdiction and powers of the court, commission, Industrial Magistrates Court and registrar; and (ii) giving effect to the decisions, convictions and actions made, recorded, or done by the court, the commission, a magistrate, the registrar, or an officer of the court or commission.\n- (i) the full and effective exercise of the jurisdiction and powers of the court, commission, Industrial Magistrates Court and registrar; and\n- (ii) giving effect to the decisions, convictions and actions made, recorded, or done by the court, the commission, a magistrate, the registrar, or an officer of the court or commission.\n- (i) for proceedings in the court, commission or Industrial Magistrates Court and before the registrar; and\n- (ii) subject to section 544 , for making and recording decisions and actions of the court, commission or registrar; and\n- (iii) for the performance by the commission of a function conferred on it under a referral agreement; and\n- (iv) for the exercise of jurisdiction conferred on the commission under the Anti-Discrimination Act 1991 , the Public Sector Act 2022 or another Act;\n- (i) the full and effective exercise of the jurisdiction and powers of the court, commission, Industrial Magistrates Court and registrar; and\n- (ii) giving effect to the decisions, convictions and actions made, recorded, or done by the court, the commission, a magistrate, the registrar, or an officer of the court or commission.","sortOrder":790},{"sectionNumber":"sec.552","sectionType":"section","heading":"Directions about practice","content":"### sec.552 Directions about practice\n\nSubject to this Act and the rules, the practice and procedure of the court, the commission, an Industrial Magistrates Court or the registrar is as directed by a member of the court, a member of the commission, a magistrate or the registrar.\nIf a person wishes to take a step in an industrial cause or a proposed cause and this Act or the rules do not provide or sufficiently provide for it, application for directions may be made to the appropriate person mentioned in subsection (1) .\n(sec.552-ssec.1) Subject to this Act and the rules, the practice and procedure of the court, the commission, an Industrial Magistrates Court or the registrar is as directed by a member of the court, a member of the commission, a magistrate or the registrar.\n(sec.552-ssec.2) If a person wishes to take a step in an industrial cause or a proposed cause and this Act or the rules do not provide or sufficiently provide for it, application for directions may be made to the appropriate person mentioned in subsection (1) .","sortOrder":791},{"sectionNumber":"ch.11-pt.5-div.9","sectionType":"division","heading":"Exercise of powers and application of procedures","content":"## Exercise of powers and application of procedures","sortOrder":792},{"sectionNumber":"sec.553","sectionType":"section","heading":"General application of provisions","content":"### sec.553 General application of provisions\n\nThe provisions of this Act providing for the powers of and procedures before the court, the commission or an Industrial Magistrates Court apply in relation to the jurisdiction of the court, the commission or an Industrial Magistrates Court under this Act or another Act, unless the contrary intention appears.","sortOrder":793},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":794},{"sectionNumber":"ch.11-pt.6-div.1","sectionType":"division","heading":"Appeals to Court of Appeal","content":"## Appeals to Court of Appeal","sortOrder":795},{"sectionNumber":"sec.554","sectionType":"section","heading":"Appeal from court or commission in certain circumstances","content":"### sec.554 Appeal from court or commission in certain circumstances\n\nA person aggrieved by a decision of the court, or the full bench constituted by the president and 2 or more other members, may appeal to the Court of Appeal on the ground of—\nerror of law; or\nexcess, or want, of jurisdiction.\nAlso, a person aggrieved by a decision of the full bench constituted by the president and 2 or more other members may appeal against the decision to the Court of Appeal, with the Court of Appeal’s leave, on a ground other than—\nerror of law; or\nexcess, or want, of jurisdiction.\nHowever, subsections (1) and (2) do not apply to a person aggrieved by a determination of the commission under chapter 4 , part 3 , division 2 .\nIf a person may appeal a decision of the full bench under both subsections (1) and (2) , the person may only appeal against the decision with the Court of Appeal’s leave on a ground mentioned in subsection (2) .\ns 554 amd 2022 No. 27 s 3 sch 1\n(sec.554-ssec.1) A person aggrieved by a decision of the court, or the full bench constituted by the president and 2 or more other members, may appeal to the Court of Appeal on the ground of— error of law; or excess, or want, of jurisdiction.\n(sec.554-ssec.2) Also, a person aggrieved by a decision of the full bench constituted by the president and 2 or more other members may appeal against the decision to the Court of Appeal, with the Court of Appeal’s leave, on a ground other than— error of law; or excess, or want, of jurisdiction.\n(sec.554-ssec.3) However, subsections (1) and (2) do not apply to a person aggrieved by a determination of the commission under chapter 4 , part 3 , division 2 .\n(sec.554-ssec.4) If a person may appeal a decision of the full bench under both subsections (1) and (2) , the person may only appeal against the decision with the Court of Appeal’s leave on a ground mentioned in subsection (2) .\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.","sortOrder":796},{"sectionNumber":"sec.555","sectionType":"section","heading":"What Court of Appeal may do","content":"### sec.555 What Court of Appeal may do\n\nOn an appeal under section 554 , the Court of Appeal may—\ndismiss the appeal; or\nallow the appeal, set aside the decision and substitute another decision; or\nallow the appeal and amend the decision; or\nallow the appeal, suspend the operation of the decision and remit the matter (with or without directions) to the court or full bench to act according to law.\n(sec.555-ssec.1) On an appeal under section 554 , the Court of Appeal may— dismiss the appeal; or allow the appeal, set aside the decision and substitute another decision; or allow the appeal and amend the decision; or allow the appeal, suspend the operation of the decision and remit the matter (with or without directions) to the court or full bench to act according to law.\n- (a) dismiss the appeal; or\n- (b) allow the appeal, set aside the decision and substitute another decision; or\n- (c) allow the appeal and amend the decision; or\n- (d) allow the appeal, suspend the operation of the decision and remit the matter (with or without directions) to the court or full bench to act according to law.","sortOrder":797},{"sectionNumber":"ch.11-pt.6-div.2","sectionType":"division","heading":"Appeals to court","content":"## Appeals to court","sortOrder":798},{"sectionNumber":"sec.556","sectionType":"section","heading":"Appeal from magistrate","content":"### sec.556 Appeal from magistrate\n\nA person aggrieved by a decision of a magistrate may appeal against the decision to the court.","sortOrder":799},{"sectionNumber":"sec.557","sectionType":"section","heading":"Appeal from commission","content":"### sec.557 Appeal from commission\n\nThe Minister or another person aggrieved by a decision of the commission may appeal against the decision to the court on the ground of—\nerror of law; or\nexcess, or want, of jurisdiction.\nAlso, the Minister or another person aggrieved by a decision of the commission may appeal against the decision to the court, with the court’s leave, on a ground other than—\nerror of law; or\nexcess, or want, of jurisdiction.\nHowever, subsections (1) and (2) do not apply to the Minister or another person aggrieved by a determination of the commission under chapter 4 , part 3 , division 2 .\nIf a person may appeal a decision of the commission under both subsections (1) and (2) , the person may only appeal against the decision with the court’s leave on a ground mentioned in subsection (2) .\nIn this section—\ncommission means the commission, other than the full bench constituted by the president and 2 or more other members.\ns 557 amd 2022 No. 27 s 3 sch 1\n(sec.557-ssec.1) The Minister or another person aggrieved by a decision of the commission may appeal against the decision to the court on the ground of— error of law; or excess, or want, of jurisdiction.\n(sec.557-ssec.2) Also, the Minister or another person aggrieved by a decision of the commission may appeal against the decision to the court, with the court’s leave, on a ground other than— error of law; or excess, or want, of jurisdiction.\n(sec.557-ssec.3) However, subsections (1) and (2) do not apply to the Minister or another person aggrieved by a determination of the commission under chapter 4 , part 3 , division 2 .\n(sec.557-ssec.4) If a person may appeal a decision of the commission under both subsections (1) and (2) , the person may only appeal against the decision with the court’s leave on a ground mentioned in subsection (2) .\n(sec.557-ssec.5) In this section— commission means the commission, other than the full bench constituted by the president and 2 or more other members.\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.","sortOrder":800},{"sectionNumber":"sec.558","sectionType":"section","heading":"What court may do","content":"### sec.558 What court may do\n\nOn an appeal under section 556 or 557 , the court may—\ndismiss the appeal; or\nallow the appeal, set aside the decision and substitute another decision; or\nallow the appeal and amend the decision; or\nallow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the commission or an Industrial Magistrates Court to act according to law.\nAlso, the court may direct an industrial magistrate to issue a warrant for the appellant’s arrest if—\nunder the decision that was appealed, the appellant was sentenced to a term of imprisonment; and\nthe appellant was released from custody by a magistrate under the rules made under section 551 ; and\nafter the appeal is decided, discontinued or struck out, the appellant is still required to serve all or part of the term of imprisonment.\nThe industrial magistrate must comply with the direction.\nWhen arrested, the appellant must be taken to a corrective services facility within the meaning of the Corrective Services Act 2006 to serve the unexpired portion of the term of imprisonment to which the appellant was sentenced.\n(sec.558-ssec.1) On an appeal under section 556 or 557 , the court may— dismiss the appeal; or allow the appeal, set aside the decision and substitute another decision; or allow the appeal and amend the decision; or allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the commission or an Industrial Magistrates Court to act according to law.\n(sec.558-ssec.2) Also, the court may direct an industrial magistrate to issue a warrant for the appellant’s arrest if— under the decision that was appealed, the appellant was sentenced to a term of imprisonment; and the appellant was released from custody by a magistrate under the rules made under section 551 ; and after the appeal is decided, discontinued or struck out, the appellant is still required to serve all or part of the term of imprisonment.\n(sec.558-ssec.3) The industrial magistrate must comply with the direction.\n(sec.558-ssec.4) When arrested, the appellant must be taken to a corrective services facility within the meaning of the Corrective Services Act 2006 to serve the unexpired portion of the term of imprisonment to which the appellant was sentenced.\n- (a) dismiss the appeal; or\n- (b) allow the appeal, set aside the decision and substitute another decision; or\n- (c) allow the appeal and amend the decision; or\n- (d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the commission or an Industrial Magistrates Court to act according to law.\n- (a) under the decision that was appealed, the appellant was sentenced to a term of imprisonment; and\n- (b) the appellant was released from custody by a magistrate under the rules made under section 551 ; and\n- (c) after the appeal is decided, discontinued or struck out, the appellant is still required to serve all or part of the term of imprisonment.","sortOrder":801},{"sectionNumber":"sec.559","sectionType":"section","heading":"President must hear and decide particular appeals from full bench","content":"### sec.559 President must hear and decide particular appeals from full bench\n\nIf an appeal is made under section 557 against a decision of the full bench—\nthe appeal must be heard and decided by the court constituted by the president; and\nan interlocutory proceeding relating to the appeal may be heard and decided by the vice-president or a deputy president (court).\n(sec.559-ssec) If an appeal is made under section 557 against a decision of the full bench— the appeal must be heard and decided by the court constituted by the president; and an interlocutory proceeding relating to the appeal may be heard and decided by the vice-president or a deputy president (court).\n- (a) the appeal must be heard and decided by the court constituted by the president; and\n- (b) an interlocutory proceeding relating to the appeal may be heard and decided by the vice-president or a deputy president (court).","sortOrder":802},{"sectionNumber":"ch.11-pt.6-div.3","sectionType":"division","heading":"Appeals to full bench","content":"## Appeals to full bench","sortOrder":803},{"sectionNumber":"sec.560","sectionType":"section","heading":"Appeal from registrar","content":"### sec.560 Appeal from registrar\n\nA person aggrieved by a decision of the registrar may appeal against the decision to the full bench on the ground of—\nerror of law; or\nexcess, or want, of jurisdiction.\nAlso, a person aggrieved by a decision of the registrar may appeal against the decision to the full bench, with the full bench’s leave, on a ground other than—\nerror of law; or\nexcess, or want, of jurisdiction.\nFor an appeal against a decision of the registrar relating to a general ruling under section 460 (2) , the full bench must be constituted in the same way as it was when the general ruling under section 458 was made.\n(sec.560-ssec.1) A person aggrieved by a decision of the registrar may appeal against the decision to the full bench on the ground of— error of law; or excess, or want, of jurisdiction.\n(sec.560-ssec.2) Also, a person aggrieved by a decision of the registrar may appeal against the decision to the full bench, with the full bench’s leave, on a ground other than— error of law; or excess, or want, of jurisdiction.\n(sec.560-ssec.3) For an appeal against a decision of the registrar relating to a general ruling under section 460 (2) , the full bench must be constituted in the same way as it was when the general ruling under section 458 was made.\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.","sortOrder":804},{"sectionNumber":"sec.561","sectionType":"section","heading":"What full bench may do","content":"### sec.561 What full bench may do\n\nOn an appeal under section 560 , the full bench may—\ndismiss the appeal; or\nallow the appeal, set aside the decision and substitute another decision; or\nallow the appeal and amend the decision; or\nallow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the registrar to act according to law.\n(sec.561-ssec) On an appeal under section 560 , the full bench may— dismiss the appeal; or allow the appeal, set aside the decision and substitute another decision; or allow the appeal and amend the decision; or allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the registrar to act according to law.\n- (a) dismiss the appeal; or\n- (b) allow the appeal, set aside the decision and substitute another decision; or\n- (c) allow the appeal and amend the decision; or\n- (d) allow the appeal, suspend the operation of the decision and remit the matter, with or without directions, to the registrar to act according to law.","sortOrder":805},{"sectionNumber":"ch.11-pt.6-div.4","sectionType":"division","heading":"Appeals to commission","content":"## Appeals to commission","sortOrder":806},{"sectionNumber":"sec.562","sectionType":"section","heading":"Appeal against stand-downs","content":"### sec.562 Appeal against stand-downs\n\nAn employee stood down by an employer under section 333 , may appeal to the commission against the stand-down.\nIf the employee is a member of an employee organisation, the organisation may start and conduct the appeal for the employee.\nThe commission may—\ndismiss the appeal; or\nallow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or\nif the employee remains stood down at the time of the commission’s decision—\nallow the appeal; and\norder the employer to provide for the resumption of work by the employee, immediately or on a stated day; and\nmake an order about payment of wages mentioned in paragraph (b) .\nIf the commission makes an order under subsection (3) (b) , it may include in the order provisions for its enforcement, other than by imprisonment, as if—\nthe commission were an Industrial Magistrates Court; and\nthe member who makes the order were a magistrate.\nThe order may be filed with the clerk of a Magistrates Court and on filing may be enforced as an order made by a magistrate.\n(sec.562-ssec.1) An employee stood down by an employer under section 333 , may appeal to the commission against the stand-down.\n(sec.562-ssec.2) If the employee is a member of an employee organisation, the organisation may start and conduct the appeal for the employee.\n(sec.562-ssec.3) The commission may— dismiss the appeal; or allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or if the employee remains stood down at the time of the commission’s decision— allow the appeal; and order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and make an order about payment of wages mentioned in paragraph (b) .\n(sec.562-ssec.4) If the commission makes an order under subsection (3) (b) , it may include in the order provisions for its enforcement, other than by imprisonment, as if— the commission were an Industrial Magistrates Court; and the member who makes the order were a magistrate.\n(sec.562-ssec.5) The order may be filed with the clerk of a Magistrates Court and on filing may be enforced as an order made by a magistrate.\n- (a) dismiss the appeal; or\n- (b) allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or\n- (c) if the employee remains stood down at the time of the commission’s decision— (i) allow the appeal; and (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and (iii) make an order about payment of wages mentioned in paragraph (b) .\n- (i) allow the appeal; and\n- (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and\n- (iii) make an order about payment of wages mentioned in paragraph (b) .\n- (i) allow the appeal; and\n- (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and\n- (iii) make an order about payment of wages mentioned in paragraph (b) .\n- (a) the commission were an Industrial Magistrates Court; and\n- (b) the member who makes the order were a magistrate.","sortOrder":807},{"sectionNumber":"sec.562A","sectionType":"section","heading":"Commission may decide not to hear particular public service appeals","content":"### sec.562A Commission may decide not to hear particular public service appeals\n\nThe commission may decide it will only hear an appeal against a directive decision, a fair treatment decision or a transfer decision under the Public Sector Act 2022 if the commission is satisfied—\nthe appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and\nfor a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) .\nThe commission may decide it will only hear an appeal against a promotion decision under the Public Sector Act 2022 if the commission is satisfied, by oral or written submissions, that the appellant has an arguable case for the appeal.\nThe commission may decide it will not hear a public service appeal against a decision if—\nthe appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or\nthe commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal—\nis frivolous or vexatious; or\nis misconceived or lacks substance; or\nshould not be heard for another compelling reason.\ns 562A ins 2020 No. 35 s 11\namd 2022 No. 34 s 365 sch 3\n(sec.562A-ssec.1) The commission may decide it will only hear an appeal against a directive decision, a fair treatment decision or a transfer decision under the Public Sector Act 2022 if the commission is satisfied— the appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and for a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) .\n(sec.562A-ssec.2) The commission may decide it will only hear an appeal against a promotion decision under the Public Sector Act 2022 if the commission is satisfied, by oral or written submissions, that the appellant has an arguable case for the appeal.\n(sec.562A-ssec.3) The commission may decide it will not hear a public service appeal against a decision if— the appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or the commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal— is frivolous or vexatious; or is misconceived or lacks substance; or should not be heard for another compelling reason.\n- (a) the appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and\n- (b) for a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) .\n- (a) the appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or\n- (b) the commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal— (i) is frivolous or vexatious; or (ii) is misconceived or lacks substance; or (iii) should not be heard for another compelling reason.\n- (i) is frivolous or vexatious; or\n- (ii) is misconceived or lacks substance; or\n- (iii) should not be heard for another compelling reason.\n- (i) is frivolous or vexatious; or\n- (ii) is misconceived or lacks substance; or\n- (iii) should not be heard for another compelling reason.","sortOrder":808},{"sectionNumber":"sec.562B","sectionType":"section","heading":"Public service appeal to commission is by way of review","content":"### sec.562B Public service appeal to commission is by way of review\n\nThis section applies to a public service appeal made to the commission.\nThe commission must decide the appeal by reviewing the decision appealed against.\nThe purpose of the appeal is to decide whether the decision appealed against was fair and reasonable.\nFor an appeal against a promotion decision or a disciplinary decision under the Public Sector Act 2022 , the commission—\nmust decide the appeal having regard to the evidence available to the decision maker when the decision was made; but\nmay allow other evidence to be taken into account if the commission considers it appropriate.\ns 562B ins 2020 No. 35 s 11\namd 2022 No. 34 s 365 sch 3\n(sec.562B-ssec.1) This section applies to a public service appeal made to the commission.\n(sec.562B-ssec.2) The commission must decide the appeal by reviewing the decision appealed against.\n(sec.562B-ssec.3) The purpose of the appeal is to decide whether the decision appealed against was fair and reasonable.\n(sec.562B-ssec.4) For an appeal against a promotion decision or a disciplinary decision under the Public Sector Act 2022 , the commission— must decide the appeal having regard to the evidence available to the decision maker when the decision was made; but may allow other evidence to be taken into account if the commission considers it appropriate.\n- (a) must decide the appeal having regard to the evidence available to the decision maker when the decision was made; but\n- (b) may allow other evidence to be taken into account if the commission considers it appropriate.","sortOrder":809},{"sectionNumber":"sec.562C","sectionType":"section","heading":"Public service appeals—decision on appeal","content":"### sec.562C Public service appeals—decision on appeal\n\nIn deciding a public service appeal, the commission may—\nconfirm the decision appealed against; or\nfor an appeal against a promotion decision—set the decision aside, and return the matter to the decision maker with a copy of the decision on appeal and any directions permitted under a directive made by the Public Sector Commissioner that the commission considers appropriate; or\nfor another appeal—set the decision aside, and substitute another decision or return the matter to the decision maker with a copy of the decision on appeal and any directions considered appropriate.\nIn deciding an appeal against a promotion decision, the commission may set the decision aside only if the commission finds that the recruitment or selection process was deficient, having regard to whether the process complied with the Public Sector Act 2022 , a regulation or a directive made by the Public Sector Commissioner under that Act.\ns 562C ins 2020 No. 35 s 11\namd 2022 No. 34 s 365 sch 3\n(sec.562C-ssec.1) In deciding a public service appeal, the commission may— confirm the decision appealed against; or for an appeal against a promotion decision—set the decision aside, and return the matter to the decision maker with a copy of the decision on appeal and any directions permitted under a directive made by the Public Sector Commissioner that the commission considers appropriate; or for another appeal—set the decision aside, and substitute another decision or return the matter to the decision maker with a copy of the decision on appeal and any directions considered appropriate.\n(sec.562C-ssec.2) In deciding an appeal against a promotion decision, the commission may set the decision aside only if the commission finds that the recruitment or selection process was deficient, having regard to whether the process complied with the Public Sector Act 2022 , a regulation or a directive made by the Public Sector Commissioner under that Act.\n- (a) confirm the decision appealed against; or\n- (b) for an appeal against a promotion decision—set the decision aside, and return the matter to the decision maker with a copy of the decision on appeal and any directions permitted under a directive made by the Public Sector Commissioner that the commission considers appropriate; or\n- (c) for another appeal—set the decision aside, and substitute another decision or return the matter to the decision maker with a copy of the decision on appeal and any directions considered appropriate.","sortOrder":810},{"sectionNumber":"ch.11-pt.6-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":811},{"sectionNumber":"sec.563","sectionType":"section","heading":"Definition for div 5","content":"### sec.563 Definition for div 5\n\nIn this division—\nindustrial tribunal means the Court of Appeal, court, full bench or commission.","sortOrder":812},{"sectionNumber":"sec.564","sectionType":"section","heading":"Time limit for appeal","content":"### sec.564 Time limit for appeal\n\nAn appeal against a decision to an industrial tribunal must be started, as required under the rules, within the appeal period.\nHowever, on an application made during or after the appeal period, the industrial tribunal may allow an appeal to be started within a longer period.\nIn this section—\nappeal period , for an appeal against a decision to an industrial tribunal, means the period within 21 days after—\nif the decision is given at a hearing—the announcement of the decision at the hearing; or\nif the decision is given through the registrar—the release of the decision; or\nif the decision is a promotion decision—the decision is publicly notified under the Public Sector Act 2022 ; or\nif, under another Act, the decision is given in another way—the decision is given in the other way.\ns 564 amd 2020 No. 35 s 12 ; 2022 No. 34 s 365 sch 3\n(sec.564-ssec.1) An appeal against a decision to an industrial tribunal must be started, as required under the rules, within the appeal period.\n(sec.564-ssec.2) However, on an application made during or after the appeal period, the industrial tribunal may allow an appeal to be started within a longer period.\n(sec.564-ssec.3) In this section— appeal period , for an appeal against a decision to an industrial tribunal, means the period within 21 days after— if the decision is given at a hearing—the announcement of the decision at the hearing; or if the decision is given through the registrar—the release of the decision; or if the decision is a promotion decision—the decision is publicly notified under the Public Sector Act 2022 ; or if, under another Act, the decision is given in another way—the decision is given in the other way.\n- (a) if the decision is given at a hearing—the announcement of the decision at the hearing; or\n- (b) if the decision is given through the registrar—the release of the decision; or\n- (c) if the decision is a promotion decision—the decision is publicly notified under the Public Sector Act 2022 ; or\n- (d) if, under another Act, the decision is given in another way—the decision is given in the other way.","sortOrder":813},{"sectionNumber":"sec.565","sectionType":"section","heading":"When leave for appeal must be given","content":"### sec.565 When leave for appeal must be given\n\nIf an application for leave to appeal is made under section 554 , 557 or 560 , the Court of Appeal, court or full bench—\nmust give leave if it is satisfied it is in the public interest to do so; and\nmay not give leave other than under paragraph (a) .\n(sec.565-ssec) If an application for leave to appeal is made under section 554 , 557 or 560 , the Court of Appeal, court or full bench— must give leave if it is satisfied it is in the public interest to do so; and may not give leave other than under paragraph (a) .\n- (a) must give leave if it is satisfied it is in the public interest to do so; and\n- (b) may not give leave other than under paragraph (a) .","sortOrder":814},{"sectionNumber":"sec.566","sectionType":"section","heading":"Stay of decision appealed against","content":"### sec.566 Stay of decision appealed against\n\nOn an appeal, the industrial tribunal may order that the decision being appealed be wholly or partly stayed pending—\nthe determination of the appeal; or\na further order of the industrial tribunal.\nThis section does not apply to an appeal under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 13 , part 3 against a decision to allow an application for compensation under that Act.\ns 566 amd 2017 No. 27 s 15\n(sec.566-ssec.1) On an appeal, the industrial tribunal may order that the decision being appealed be wholly or partly stayed pending— the determination of the appeal; or a further order of the industrial tribunal.\n(sec.566-ssec.2) This section does not apply to an appeal under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 13 , part 3 against a decision to allow an application for compensation under that Act.\n- (a) the determination of the appeal; or\n- (b) a further order of the industrial tribunal.","sortOrder":815},{"sectionNumber":"sec.567","sectionType":"section","heading":"Nature of appeal","content":"### sec.567 Nature of appeal\n\nAn appeal to an industrial tribunal, other than a public service appeal to the commission, is by way of re-hearing on the record.\nHowever, the industrial tribunal may hear evidence afresh or additional evidence if the industrial tribunal considers it appropriate to effectively dispose of the appeal.\ns 567 amd 2020 No. 35 s 13\n(sec.567-ssec.1) An appeal to an industrial tribunal, other than a public service appeal to the commission, is by way of re-hearing on the record.\n(sec.567-ssec.2) However, the industrial tribunal may hear evidence afresh or additional evidence if the industrial tribunal considers it appropriate to effectively dispose of the appeal.","sortOrder":816},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":"Offence proceedings","content":"# Offence proceedings","sortOrder":817},{"sectionNumber":"sec.568","sectionType":"section","heading":"When offence proceedings must be started","content":"### sec.568 When offence proceedings must be started\n\nSubject to subsection (2) , proceedings for an offence against this Act must be started—\nwithin 1 year after the offence was committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 18 months after the offence was committed.\nProceedings for an offence against section 137 , 394 or 928 must be started within 6 months after the offence comes to the complainant’s knowledge, but within 6 years after the offence was committed.\n(sec.568-ssec.1) Subject to subsection (2) , proceedings for an offence against this Act must be started— within 1 year after the offence was committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 18 months after the offence was committed.\n(sec.568-ssec.2) Proceedings for an offence against section 137 , 394 or 928 must be started within 6 months after the offence comes to the complainant’s knowledge, but within 6 years after the offence was committed.\n- (a) within 1 year after the offence was committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 18 months after the offence was committed.","sortOrder":818},{"sectionNumber":"sec.569","sectionType":"section","heading":"Where offence proceedings are to be heard and decided","content":"### sec.569 Where offence proceedings are to be heard and decided\n\nProceedings for an offence against this Act are to be heard and decided by the court or a magistrate, within the limits of the court’s or magistrate’s jurisdiction.\nProceedings before a magistrate are to be heard and decided summarily under the Justices Act 1886 , but the Industrial Magistrates Court where the proceedings are started must be constituted by a magistrate sitting alone.\nIf the parties to proceedings before a magistrate agree, by notice signed by the parties or their representatives, that the proceedings should be started or continued before another magistrate at an agreed place in the State other than the place where the proceedings are to be heard and decided under the Justices Act 1886 —\nthe other magistrate at the agreed place is authorised to hear and decide the proceedings; and\njurisdiction is conferred on the other magistrate.\nIf the agreement is made after the proceedings have started, the magistrate must—\nadjourn the proceedings to the magistrate at the agreed place; and\nsend the record of the proceedings before the magistrate to the clerk of the Magistrates Court at the agreed place.\nFor the adjourned proceedings, evidence heard or produced in the proceedings before it was adjourned is taken to have been heard or produced before the magistrate to whom the proceedings were adjourned, unless the parties otherwise agree.\n(sec.569-ssec.1) Proceedings for an offence against this Act are to be heard and decided by the court or a magistrate, within the limits of the court’s or magistrate’s jurisdiction.\n(sec.569-ssec.2) Proceedings before a magistrate are to be heard and decided summarily under the Justices Act 1886 , but the Industrial Magistrates Court where the proceedings are started must be constituted by a magistrate sitting alone.\n(sec.569-ssec.3) If the parties to proceedings before a magistrate agree, by notice signed by the parties or their representatives, that the proceedings should be started or continued before another magistrate at an agreed place in the State other than the place where the proceedings are to be heard and decided under the Justices Act 1886 — the other magistrate at the agreed place is authorised to hear and decide the proceedings; and jurisdiction is conferred on the other magistrate.\n(sec.569-ssec.4) If the agreement is made after the proceedings have started, the magistrate must— adjourn the proceedings to the magistrate at the agreed place; and send the record of the proceedings before the magistrate to the clerk of the Magistrates Court at the agreed place.\n(sec.569-ssec.5) For the adjourned proceedings, evidence heard or produced in the proceedings before it was adjourned is taken to have been heard or produced before the magistrate to whom the proceedings were adjourned, unless the parties otherwise agree.\n- (a) the other magistrate at the agreed place is authorised to hear and decide the proceedings; and\n- (b) jurisdiction is conferred on the other magistrate.\n- (a) adjourn the proceedings to the magistrate at the agreed place; and\n- (b) send the record of the proceedings before the magistrate to the clerk of the Magistrates Court at the agreed place.","sortOrder":819},{"sectionNumber":"ch.11-pt.8","sectionType":"part","heading":"Civil penalties","content":"# Civil penalties","sortOrder":820},{"sectionNumber":"ch.11-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":821},{"sectionNumber":"sec.570","sectionType":"section","heading":"Definitions for part","content":"### sec.570 Definitions for part\n\nIn this part—\ncivil penalty order see section 574 (2) .\ncivil penalty provision means a subsection, or a section that is not divided into subsections, if a note to the subsection or section states it is a civil penalty provision.\nSee schedule 3 , column 1 for a list of civil penalty provisions in this Act.\nindustrial tribunal means—\nthe commission; or\na magistrate.\nrelevant industrial tribunal , for a civil penalty provision, means the industrial tribunal mentioned for the provision in column 3 of schedule 3 .\n- (a) the commission; or\n- (b) a magistrate.","sortOrder":822},{"sectionNumber":"sec.571","sectionType":"section","heading":"Contraventions of civil penalty provision","content":"### sec.571 Contraventions of civil penalty provision\n\nA contravention of a civil penalty provision is not an offence.\nA person involved in a contravention of a civil penalty provision is taken to have contravened the provision.\nFor this section, a person is involved in a contravention of a civil penalty provision only if the person—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether by threats, promises or otherwise; or\nhas been in any way, by act or omission, directly or indirectly knowingly concerned in or party to the contravention; or\nhas conspired with others to effect the contravention.\n(sec.571-ssec.1) A contravention of a civil penalty provision is not an offence.\n(sec.571-ssec.2) A person involved in a contravention of a civil penalty provision is taken to have contravened the provision.\n(sec.571-ssec.3) For this section, a person is involved in a contravention of a civil penalty provision only if the person— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether by threats, promises or otherwise; or has been in any way, by act or omission, directly or indirectly knowingly concerned in or party to the contravention; or has conspired with others to effect the contravention.\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether by threats, promises or otherwise; or\n- (c) has been in any way, by act or omission, directly or indirectly knowingly concerned in or party to the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":823},{"sectionNumber":"ch.11-pt.8-div.2","sectionType":"division","heading":"Applications for civil penalty orders","content":"## Applications for civil penalty orders","sortOrder":824},{"sectionNumber":"sec.572","sectionType":"section","heading":"Applications for orders in relation to contraventions of civil penalty provisions","content":"### sec.572 Applications for orders in relation to contraventions of civil penalty provisions\n\nA person mentioned in column 2 of schedule 3 for a civil penalty provision may apply to the relevant industrial tribunal for an order in relation to a contravention, or alleged contravention, of the provision.","sortOrder":825},{"sectionNumber":"sec.573","sectionType":"section","heading":"When applications must be made","content":"### sec.573 When applications must be made\n\nAn application under section 572 must be made within 6 years after the day on which the contravention of the civil penalty provision occurred or allegedly occurred.","sortOrder":826},{"sectionNumber":"ch.11-pt.8-div.3","sectionType":"division","heading":"Making and effect of civil penalty orders","content":"## Making and effect of civil penalty orders","sortOrder":827},{"sectionNumber":"sec.574","sectionType":"section","heading":"Power of relevant industrial tribunal to make civil penalty orders","content":"### sec.574 Power of relevant industrial tribunal to make civil penalty orders\n\nThe relevant industrial tribunal for a civil penalty provision may, on an application under section 572 , order a person to pay a penalty the tribunal considers is appropriate if satisfied the person has contravened the provision.\nAn order made under subsection (1) is a civil penalty order .\nTo remove any doubt, it is declared that the relevant industrial tribunal may make a civil penalty order in addition to 1 or more orders under another provision of this Act unless otherwise provided.\nThis section applies subject to section 575 .\n(sec.574-ssec.1) The relevant industrial tribunal for a civil penalty provision may, on an application under section 572 , order a person to pay a penalty the tribunal considers is appropriate if satisfied the person has contravened the provision.\n(sec.574-ssec.2) An order made under subsection (1) is a civil penalty order .\n(sec.574-ssec.3) To remove any doubt, it is declared that the relevant industrial tribunal may make a civil penalty order in addition to 1 or more orders under another provision of this Act unless otherwise provided.\n(sec.574-ssec.4) This section applies subject to section 575 .","sortOrder":828},{"sectionNumber":"sec.575","sectionType":"section","heading":"Amount of penalty","content":"### sec.575 Amount of penalty\n\nA penalty payable under a civil penalty order must not be more than—\nif the person is an individual—the maximum number of penalty units mentioned in column 4 of schedule 3 for the civil penalty provision; or\nif the person is a corporation—5 times the maximum number of penalty units mentioned in column 4 of schedule 3 for the civil penalty provision.\n- (a) if the person is an individual—the maximum number of penalty units mentioned in column 4 of schedule 3 for the civil penalty provision; or\n- (b) if the person is a corporation—5 times the maximum number of penalty units mentioned in column 4 of schedule 3 for the civil penalty provision.","sortOrder":829},{"sectionNumber":"sec.576","sectionType":"section","heading":"Who penalty is payable to","content":"### sec.576 Who penalty is payable to\n\nThe relevant industrial tribunal may order that the penalty, or a part of the penalty, payable under a civil penalty order must be paid to—\nthe State; or\na particular organisation; or\na particular person.\n- (a) the State; or\n- (b) a particular organisation; or\n- (c) a particular person.","sortOrder":830},{"sectionNumber":"sec.577","sectionType":"section","heading":"Recovery of penalty as a debt","content":"### sec.577 Recovery of penalty as a debt\n\nA penalty payable under a civil penalty order may be recovered as a debt due to the person to whom the penalty is payable.","sortOrder":831},{"sectionNumber":"sec.578","sectionType":"section","heading":"Civil double jeopardy","content":"### sec.578 Civil double jeopardy\n\nIf a civil penalty order is made against a person, the person is not liable to be ordered to pay a civil penalty under another provision of an Act in relation to the conduct that constituted the contravention of the civil penalty provision.","sortOrder":832},{"sectionNumber":"sec.578A","sectionType":"section","heading":"Requirement to give copy of civil penalty order to chief executive (associations incorporation)","content":"### sec.578A Requirement to give copy of civil penalty order to chief executive (associations incorporation)\n\nThis section applies if a civil penalty order—\nis made against an incorporated association or an officer of an incorporated association; and\neither—\nno appeal against the decision to make the civil penalty order is started during the period for starting an appeal; or\nan appeal against the decision to make the civil penalty order has been decided or withdrawn, and the order has not been set aside on appeal.\nThe registrar must give the chief executive (associations incorporation) a copy of the civil penalty order.\nThe copy of the civil penalty order must be given—\nif subsection (1) (b) (i) applies—as soon practicable after the period for starting an appeal ends; or\nif subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\ns 578A ins 2022 No. 27 s 54\n(sec.578A-ssec.1) This section applies if a civil penalty order— is made against an incorporated association or an officer of an incorporated association; and either— no appeal against the decision to make the civil penalty order is started during the period for starting an appeal; or an appeal against the decision to make the civil penalty order has been decided or withdrawn, and the order has not been set aside on appeal.\n(sec.578A-ssec.2) The registrar must give the chief executive (associations incorporation) a copy of the civil penalty order.\n(sec.578A-ssec.3) The copy of the civil penalty order must be given— if subsection (1) (b) (i) applies—as soon practicable after the period for starting an appeal ends; or if subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\n- (a) is made against an incorporated association or an officer of an incorporated association; and\n- (b) either— (i) no appeal against the decision to make the civil penalty order is started during the period for starting an appeal; or (ii) an appeal against the decision to make the civil penalty order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (i) no appeal against the decision to make the civil penalty order is started during the period for starting an appeal; or\n- (ii) an appeal against the decision to make the civil penalty order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (i) no appeal against the decision to make the civil penalty order is started during the period for starting an appeal; or\n- (ii) an appeal against the decision to make the civil penalty order has been decided or withdrawn, and the order has not been set aside on appeal.\n- (a) if subsection (1) (b) (i) applies—as soon practicable after the period for starting an appeal ends; or\n- (b) if subsection (1) (b) (ii) applies—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.","sortOrder":833},{"sectionNumber":"ch.11-pt.8-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":834},{"sectionNumber":"sec.578AA","sectionType":"section","heading":"Other orders for contravention of s 876K or 876P","content":"### sec.578AA Other orders for contravention of s 876K or 876P\n\nThis section applies if a person contravenes the civil penalty provision in section 876K (2) or 876P (1) .\nOn an application under section 572 , the relevant industrial tribunal may make any other order the tribunal considers appropriate.\nWithout limiting subsection (2) , the relevant industrial tribunal may make an order requiring a person to comply, wholly or partly, with a notice given to the person under section 876K (1) .\nThis section applies whether or not a civil penalty order is made in relation to the contravention.\ns 578AA ins 2024 No. 40 s 14A\nexp 23 August 2029 (see s 578AB)\n(sec.578AA-ssec.1) This section applies if a person contravenes the civil penalty provision in section 876K (2) or 876P (1) .\n(sec.578AA-ssec.2) On an application under section 572 , the relevant industrial tribunal may make any other order the tribunal considers appropriate.\n(sec.578AA-ssec.3) Without limiting subsection (2) , the relevant industrial tribunal may make an order requiring a person to comply, wholly or partly, with a notice given to the person under section 876K (1) .\n(sec.578AA-ssec.4) This section applies whether or not a civil penalty order is made in relation to the contravention.","sortOrder":835},{"sectionNumber":"sec.578AB","sectionType":"section","heading":"Expiry","content":"### sec.578AB Expiry\n\nThis division expires on the day chapter 12 , part 15A expires.\ns 578AB ins 2024 No. 40 s 14A\nexp 23 August 2029 (see s 578AB)","sortOrder":836},{"sectionNumber":"ch.11-pt.8A","sectionType":"part","heading":"Particular applications under the Associations Incorporation Act 1981","content":"# Particular applications under the Associations Incorporation Act 1981","sortOrder":837},{"sectionNumber":"sec.578B","sectionType":"section","heading":"Purpose of part","content":"### sec.578B Purpose of part\n\nThe purpose of this part is to make provision for an objection process in relation to a relevant incorporation Act application, including—\nconsultation with organisations and State peak councils; and\nthe giving of a notice to the chief executive (incorporations Act) objecting to the application on the objection ground; and\nif an objection is contested, the making of a declaration by the commission about whether the objection ground is established in relation to the application.\ns 578B ins 2022 No. 27 s 55\n- (a) consultation with organisations and State peak councils; and\n- (b) the giving of a notice to the chief executive (incorporations Act) objecting to the application on the objection ground; and\n- (c) if an objection is contested, the making of a declaration by the commission about whether the objection ground is established in relation to the application.","sortOrder":838},{"sectionNumber":"sec.578C","sectionType":"section","heading":"What is a relevant incorporation Act application and who is the applicant","content":"### sec.578C What is a relevant incorporation Act application and who is the applicant\n\nA relevant incorporation Act application is—\nan application under the Associations Incorporation Act 1981 , section 9 for incorporation of an association; or\nan application by an incorporated association under the Associations Incorporation Act 1981 , section 48 for registration of an amendment of its rules.\nThe applicant , for a relevant incorporation Act application, is—\nfor an application mentioned in subsection (1) (a) —the appointed person for the application under the Associations Incorporation Act 1981 , section 7 (1) ; or\nfor an application mentioned in subsection (1) (b) —the incorporated association that made the application.\ns 578C ins 2022 No. 27 s 55\n(sec.578C-ssec.1) A relevant incorporation Act application is— an application under the Associations Incorporation Act 1981 , section 9 for incorporation of an association; or an application by an incorporated association under the Associations Incorporation Act 1981 , section 48 for registration of an amendment of its rules.\n(sec.578C-ssec.2) The applicant , for a relevant incorporation Act application, is— for an application mentioned in subsection (1) (a) —the appointed person for the application under the Associations Incorporation Act 1981 , section 7 (1) ; or for an application mentioned in subsection (1) (b) —the incorporated association that made the application.\n- (a) an application under the Associations Incorporation Act 1981 , section 9 for incorporation of an association; or\n- (b) an application by an incorporated association under the Associations Incorporation Act 1981 , section 48 for registration of an amendment of its rules.\n- (a) for an application mentioned in subsection (1) (a) —the appointed person for the application under the Associations Incorporation Act 1981 , section 7 (1) ; or\n- (b) for an application mentioned in subsection (1) (b) —the incorporated association that made the application.","sortOrder":839},{"sectionNumber":"sec.578D","sectionType":"section","heading":"What is the objection ground","content":"### sec.578D What is the objection ground\n\nThe objection ground , for a relevant incorporation Act application, is the ground that, if the application were granted, it would be reasonable for the incorporated association to be mistaken for—\nan organisation; or\nan entity that has functions that are the same as, or comparable to, the functions of an organisation; or\nan entity that is lawfully able to further, protect or represent the industrial interests of its members or other persons under this Act.\nThe incorporated association mentioned in subsection (1) is—\nfor a relevant incorporation Act application that is an application for incorporation of an association—the incorporated association that would come into existence if the application were granted; or\nfor a relevant incorporation Act application that is an application for registration of an amendment of the rules of an incorporated association—the incorporated association that made the application.\ns 578D ins 2022 No. 27 s 55\n(sec.578D-ssec.1) The objection ground , for a relevant incorporation Act application, is the ground that, if the application were granted, it would be reasonable for the incorporated association to be mistaken for— an organisation; or an entity that has functions that are the same as, or comparable to, the functions of an organisation; or an entity that is lawfully able to further, protect or represent the industrial interests of its members or other persons under this Act.\n(sec.578D-ssec.2) The incorporated association mentioned in subsection (1) is— for a relevant incorporation Act application that is an application for incorporation of an association—the incorporated association that would come into existence if the application were granted; or for a relevant incorporation Act application that is an application for registration of an amendment of the rules of an incorporated association—the incorporated association that made the application.\n- (a) an organisation; or\n- (b) an entity that has functions that are the same as, or comparable to, the functions of an organisation; or\n- (c) an entity that is lawfully able to further, protect or represent the industrial interests of its members or other persons under this Act.\n- (a) for a relevant incorporation Act application that is an application for incorporation of an association—the incorporated association that would come into existence if the application were granted; or\n- (b) for a relevant incorporation Act application that is an application for registration of an amendment of the rules of an incorporated association—the incorporated association that made the application.","sortOrder":840},{"sectionNumber":"sec.578E","sectionType":"section","heading":"Registrar must give notice of relevant incorporation Act application","content":"### sec.578E Registrar must give notice of relevant incorporation Act application\n\nThis section applies if the chief executive (incorporation Act) gives the registrar a copy of a relevant incorporation Act application under the Associations Incorporation Act 1981 , section 10A or 48A .\nThe registrar must give each organisation and each State peak council (each a recipient )—\na notice that complies with subsection (3) ; and\na copy of the relevant incorporation Act application.\nThe notice must state the following matters—\nwhether the relevant incorporation Act application is an application for—\nan association’s incorporation; or\nregistration of an amendment of an incorporated association’s rules;\nthat the recipient may object to the relevant incorporation Act application;\nthe objection ground on which the recipient may object to the application;\nthat an objection must be made in the approved form and filed on or before the day stated in the notice (the cut off day for objections).\nThe cut off day for objections stated in the notice must be at least 14 days after the day the notice is given to the recipient.\ns 578E ins 2022 No. 27 s 55\n(sec.578E-ssec.1) This section applies if the chief executive (incorporation Act) gives the registrar a copy of a relevant incorporation Act application under the Associations Incorporation Act 1981 , section 10A or 48A .\n(sec.578E-ssec.2) The registrar must give each organisation and each State peak council (each a recipient )— a notice that complies with subsection (3) ; and a copy of the relevant incorporation Act application.\n(sec.578E-ssec.3) The notice must state the following matters— whether the relevant incorporation Act application is an application for— an association’s incorporation; or registration of an amendment of an incorporated association’s rules; that the recipient may object to the relevant incorporation Act application; the objection ground on which the recipient may object to the application; that an objection must be made in the approved form and filed on or before the day stated in the notice (the cut off day for objections).\n(sec.578E-ssec.4) The cut off day for objections stated in the notice must be at least 14 days after the day the notice is given to the recipient.\n- (a) a notice that complies with subsection (3) ; and\n- (b) a copy of the relevant incorporation Act application.\n- (a) whether the relevant incorporation Act application is an application for— (i) an association’s incorporation; or (ii) registration of an amendment of an incorporated association’s rules;\n- (i) an association’s incorporation; or\n- (ii) registration of an amendment of an incorporated association’s rules;\n- (b) that the recipient may object to the relevant incorporation Act application;\n- (c) the objection ground on which the recipient may object to the application;\n- (d) that an objection must be made in the approved form and filed on or before the day stated in the notice (the cut off day for objections).\n- (i) an association’s incorporation; or\n- (ii) registration of an amendment of an incorporated association’s rules;","sortOrder":841},{"sectionNumber":"sec.578F","sectionType":"section","heading":"No objections received","content":"### sec.578F No objections received\n\nThis section applies if—\nthe registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and\nno objections to the application are filed on or before the cut off day for objections stated in a notice given under section 578E .\nThe registrar must give the chief executive (incorporation Act) and the applicant for the relevant incorporation Act application a notice stating—\nno objections were made to the application; and\nthe objection ground is not established for the application.\ns 578F ins 2022 No. 27 s 55\n(sec.578F-ssec.1) This section applies if— the registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and no objections to the application are filed on or before the cut off day for objections stated in a notice given under section 578E .\n(sec.578F-ssec.2) The registrar must give the chief executive (incorporation Act) and the applicant for the relevant incorporation Act application a notice stating— no objections were made to the application; and the objection ground is not established for the application.\n- (a) the registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and\n- (b) no objections to the application are filed on or before the cut off day for objections stated in a notice given under section 578E .\n- (a) no objections were made to the application; and\n- (b) the objection ground is not established for the application.","sortOrder":842},{"sectionNumber":"sec.578G","sectionType":"section","heading":"Notice of intended action to relevant incorporation Act application","content":"### sec.578G Notice of intended action to relevant incorporation Act application\n\nThis section applies if—\nthe registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and\n1 or more persons to whom a notice was given under that section (each an objector ) files an objection to the application before the cut off day for objections stated in the notice.\nWithin 14 days after the cut off day for objections, the registrar must—\nconsider the objections filed and whether the objection ground is established for the relevant incorporation Act application; and\ngive the applicant for the relevant incorporation Act application and each objector a notice stating—\nwhether or not the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application (the proposed action ); and\nif the applicant or objector does not agree with the proposed action, the applicant or objector may apply to the commission for a declaration about whether the objection ground is, or is not, established for the application; and\nan application mentioned in subparagraph (ii) must be made on or before the day stated in the notice.\nThe day stated in the notice under subsection (2) (b) (iii) must be at least 14 days after the day the notice is given to the applicant or objector.\nFor subsection (2) (b) (i) , the registrar may propose to object to the relevant incorporation Act application only if the registrar is satisfied the objection ground is established for the application.\ns 578G ins 2022 No. 27 s 55\n(sec.578G-ssec.1) This section applies if— the registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and 1 or more persons to whom a notice was given under that section (each an objector ) files an objection to the application before the cut off day for objections stated in the notice.\n(sec.578G-ssec.2) Within 14 days after the cut off day for objections, the registrar must— consider the objections filed and whether the objection ground is established for the relevant incorporation Act application; and give the applicant for the relevant incorporation Act application and each objector a notice stating— whether or not the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application (the proposed action ); and if the applicant or objector does not agree with the proposed action, the applicant or objector may apply to the commission for a declaration about whether the objection ground is, or is not, established for the application; and an application mentioned in subparagraph (ii) must be made on or before the day stated in the notice.\n(sec.578G-ssec.3) The day stated in the notice under subsection (2) (b) (iii) must be at least 14 days after the day the notice is given to the applicant or objector.\n(sec.578G-ssec.4) For subsection (2) (b) (i) , the registrar may propose to object to the relevant incorporation Act application only if the registrar is satisfied the objection ground is established for the application.\n- (a) the registrar has complied with section 578E (2) in relation to a relevant incorporation Act application; and\n- (b) 1 or more persons to whom a notice was given under that section (each an objector ) files an objection to the application before the cut off day for objections stated in the notice.\n- (a) consider the objections filed and whether the objection ground is established for the relevant incorporation Act application; and\n- (b) give the applicant for the relevant incorporation Act application and each objector a notice stating— (i) whether or not the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application (the proposed action ); and (ii) if the applicant or objector does not agree with the proposed action, the applicant or objector may apply to the commission for a declaration about whether the objection ground is, or is not, established for the application; and (iii) an application mentioned in subparagraph (ii) must be made on or before the day stated in the notice.\n- (i) whether or not the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application (the proposed action ); and\n- (ii) if the applicant or objector does not agree with the proposed action, the applicant or objector may apply to the commission for a declaration about whether the objection ground is, or is not, established for the application; and\n- (iii) an application mentioned in subparagraph (ii) must be made on or before the day stated in the notice.\n- (i) whether or not the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application (the proposed action ); and\n- (ii) if the applicant or objector does not agree with the proposed action, the applicant or objector may apply to the commission for a declaration about whether the objection ground is, or is not, established for the application; and\n- (iii) an application mentioned in subparagraph (ii) must be made on or before the day stated in the notice.","sortOrder":843},{"sectionNumber":"sec.578H","sectionType":"section","heading":"Application for declaration","content":"### sec.578H Application for declaration\n\nA recipient of a notice under section 578G (2) (b) about a relevant incorporation Act application may apply to the commission for the making of a declaration about whether the objection ground is, or is not, established for the application.\nThe application must be made on or before the day stated in the notice.\ns 578H ins 2022 No. 27 s 55\n(sec.578H-ssec.1) A recipient of a notice under section 578G (2) (b) about a relevant incorporation Act application may apply to the commission for the making of a declaration about whether the objection ground is, or is not, established for the application.\n(sec.578H-ssec.2) The application must be made on or before the day stated in the notice.","sortOrder":844},{"sectionNumber":"sec.578I","sectionType":"section","heading":"Making of declaration by commission","content":"### sec.578I Making of declaration by commission\n\nThe registrar must, at least 7 days before an application under section 578H is heard, give notice of the application to—\nthe applicant for the relevant incorporation Act application; and\neach organisation and each State peak council.\nEach entity given notice of the hearing under subsection (1) is entitled to be heard on the application.\nThe commission—\nmust hear the objection in the way prescribed by regulation; and\nmay make a declaration that the objection ground is, or is not, established for the relevant incorporation Act application.\ns 578I ins 2022 No. 27 s 55\n(sec.578I-ssec.1) The registrar must, at least 7 days before an application under section 578H is heard, give notice of the application to— the applicant for the relevant incorporation Act application; and each organisation and each State peak council.\n(sec.578I-ssec.2) Each entity given notice of the hearing under subsection (1) is entitled to be heard on the application.\n(sec.578I-ssec.3) The commission— must hear the objection in the way prescribed by regulation; and may make a declaration that the objection ground is, or is not, established for the relevant incorporation Act application.\n- (a) the applicant for the relevant incorporation Act application; and\n- (b) each organisation and each State peak council.\n- (a) must hear the objection in the way prescribed by regulation; and\n- (b) may make a declaration that the objection ground is, or is not, established for the relevant incorporation Act application.","sortOrder":845},{"sectionNumber":"sec.578J","sectionType":"section","heading":"Notice of declaration made by commission","content":"### sec.578J Notice of declaration made by commission\n\nThe registrar must give notice of a declaration made by the commission under section 578I to—\nthe applicant for the relevant incorporation Act application; and\nif the applicant for the declaration is not the applicant for the relevant incorporation Act application—the applicant for the declaration; and\neach entity that was heard on the application for the declaration.\ns 578J ins 2022 No. 27 s 55\n- (a) the applicant for the relevant incorporation Act application; and\n- (b) if the applicant for the declaration is not the applicant for the relevant incorporation Act application—the applicant for the declaration; and\n- (c) each entity that was heard on the application for the declaration.","sortOrder":846},{"sectionNumber":"sec.578K","sectionType":"section","heading":"Notice to chief executive (incorporation Act)—objection","content":"### sec.578K Notice to chief executive (incorporation Act)—objection\n\nThe registrar must give the chief executive (incorporation Act) a notice stating that the objection ground is established for a relevant incorporation Act application if—\nthe commission makes a declaration under section 578I that the objection ground is established for the application; or\nboth of the following apply—\nthe registrar gives a notice under section 578G (2) stating that the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application;\nno application is made to the commission under section 578H for a declaration.\nThe registrar must give the notice as soon as practicable after—\nthe declaration is made; or\nthe day stated in the notice given under section 578G (2) for making an application for a declaration.\nThe chief executive must give a copy of the notice to the applicant for the relevant incorporation Act application.\ns 578K ins 2022 No. 27 s 55\n(sec.578K-ssec.1) The registrar must give the chief executive (incorporation Act) a notice stating that the objection ground is established for a relevant incorporation Act application if— the commission makes a declaration under section 578I that the objection ground is established for the application; or both of the following apply— the registrar gives a notice under section 578G (2) stating that the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application; no application is made to the commission under section 578H for a declaration.\n(sec.578K-ssec.2) The registrar must give the notice as soon as practicable after— the declaration is made; or the day stated in the notice given under section 578G (2) for making an application for a declaration.\n(sec.578K-ssec.3) The chief executive must give a copy of the notice to the applicant for the relevant incorporation Act application.\n- (a) the commission makes a declaration under section 578I that the objection ground is established for the application; or\n- (b) both of the following apply— (i) the registrar gives a notice under section 578G (2) stating that the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application; (ii) no application is made to the commission under section 578H for a declaration.\n- (i) the registrar gives a notice under section 578G (2) stating that the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application;\n- (ii) no application is made to the commission under section 578H for a declaration.\n- (i) the registrar gives a notice under section 578G (2) stating that the registrar proposes to give the chief executive (incorporation Act) a notice objecting to the application;\n- (ii) no application is made to the commission under section 578H for a declaration.\n- (a) the declaration is made; or\n- (b) the day stated in the notice given under section 578G (2) for making an application for a declaration.","sortOrder":847},{"sectionNumber":"sec.578L","sectionType":"section","heading":"Notice to chief executive (incorporation Act)—no objection","content":"### sec.578L Notice to chief executive (incorporation Act)—no objection\n\nThe registrar must give the chief executive (incorporation Act) a notice stating that the objection ground is not established for the relevant incorporation Act application if—\nthe commission makes a declaration under section 578I that the objection ground is not established for the application; or\nboth of the following apply—\nthe registrar gives a notice under section 578G (2) stating that the registrar does not propose to give the chief executive (incorporation Act) a notice objecting to the application;\nno application is made to the commission under section 578H for a declaration.\nThe registrar must give the notice as soon as practicable after—\nthe declaration is made; or\nthe day stated in the notice given under section 578G (2) for making an application for a declaration.\nThe chief executive must give a copy of the notice to the applicant for the relevant incorporation Act application.\ns 578L ins 2022 No. 27 s 55\n(sec.578L-ssec.1) The registrar must give the chief executive (incorporation Act) a notice stating that the objection ground is not established for the relevant incorporation Act application if— the commission makes a declaration under section 578I that the objection ground is not established for the application; or both of the following apply— the registrar gives a notice under section 578G (2) stating that the registrar does not propose to give the chief executive (incorporation Act) a notice objecting to the application; no application is made to the commission under section 578H for a declaration.\n(sec.578L-ssec.2) The registrar must give the notice as soon as practicable after— the declaration is made; or the day stated in the notice given under section 578G (2) for making an application for a declaration.\n(sec.578L-ssec.3) The chief executive must give a copy of the notice to the applicant for the relevant incorporation Act application.\n- (a) the commission makes a declaration under section 578I that the objection ground is not established for the application; or\n- (b) both of the following apply— (i) the registrar gives a notice under section 578G (2) stating that the registrar does not propose to give the chief executive (incorporation Act) a notice objecting to the application; (ii) no application is made to the commission under section 578H for a declaration.\n- (i) the registrar gives a notice under section 578G (2) stating that the registrar does not propose to give the chief executive (incorporation Act) a notice objecting to the application;\n- (ii) no application is made to the commission under section 578H for a declaration.\n- (i) the registrar gives a notice under section 578G (2) stating that the registrar does not propose to give the chief executive (incorporation Act) a notice objecting to the application;\n- (ii) no application is made to the commission under section 578H for a declaration.\n- (a) the declaration is made; or\n- (b) the day stated in the notice given under section 578G (2) for making an application for a declaration.","sortOrder":848},{"sectionNumber":"ch.11-pt.9","sectionType":"part","heading":"Evidentiary matters","content":"# Evidentiary matters","sortOrder":849},{"sectionNumber":"sec.579","sectionType":"section","heading":"Evidentiary provisions affecting proceedings","content":"### sec.579 Evidentiary provisions affecting proceedings\n\nIn proceedings—\nthe appointment as inspector of a person claiming to be, or stated to be, an inspector, and the authority of an inspector to take proceedings or do any act, must be presumed, until the contrary is proved; and\na signature purporting to be of an inspector is taken as the signature it purports to be, until the contrary is proved; and\na document purporting to be a copy of a notice or order issued under this Act by an inspector is admissible as evidence of the issue of the notice or order and of the things in it; and\na document purporting to be a copy of an organisation’s officers register last filed with the registrar, certified by the registrar, is admissible as evidence of the things in it; and\na document purporting to be a copy of an organisation’s rules last filed with the registrar, certified by the registrar, is admissible as evidence of the things in it; and\nthe limits of a district or part of the State, or of a road, stated in a complaint or other document made for the proceedings must be presumed, until the contrary is proved; and\njudicial notice of the existence of industrial action, or of a proposed industrial action, may be taken.\n- (a) the appointment as inspector of a person claiming to be, or stated to be, an inspector, and the authority of an inspector to take proceedings or do any act, must be presumed, until the contrary is proved; and\n- (b) a signature purporting to be of an inspector is taken as the signature it purports to be, until the contrary is proved; and\n- (c) a document purporting to be a copy of a notice or order issued under this Act by an inspector is admissible as evidence of the issue of the notice or order and of the things in it; and\n- (d) a document purporting to be a copy of an organisation’s officers register last filed with the registrar, certified by the registrar, is admissible as evidence of the things in it; and\n- (e) a document purporting to be a copy of an organisation’s rules last filed with the registrar, certified by the registrar, is admissible as evidence of the things in it; and\n- (f) the limits of a district or part of the State, or of a road, stated in a complaint or other document made for the proceedings must be presumed, until the contrary is proved; and\n- (g) judicial notice of the existence of industrial action, or of a proposed industrial action, may be taken.","sortOrder":850},{"sectionNumber":"sec.580","sectionType":"section","heading":"Confidential material tendered in evidence","content":"### sec.580 Confidential material tendered in evidence\n\nSubsection (2) applies if records, tendered to the court or commission, relate to—\na person’s trade secrets; or\nthe financial position of a party or witness.\nThe records can not, without the consent of the person, party or witness, be inspected by a person other than—\na member of the court or the commission; or\nan expert witness for the records.\nSubsection (2) does not apply to records relating to the financial position of a party or witness who claims that the financial position of a business or industry does not permit the payment of wages, or the granting of conditions—\nclaimed in the proceedings in which the records are tendered; or\nunder a proposed industrial instrument or order to which the proceedings relate.\nIf the court or commission directs that information relating to a person’s trade secrets or financial position be given in evidence, the evidence must be taken in private, if the person asks.\nThe court, commission or registrar may direct—\na report, or part of a report, of proceedings in an industrial cause not be published; or\nevidence given, records tendered or things exhibited in proceedings for an industrial cause be withheld from release or search.\nThe direction may prohibit the publication, release or search absolutely, or except on conditions ordered by the court, commission or registrar.\nThe direction may be given if the court, commission or registrar considers—\ndisclosure of the matter would not be in the public interest; or\npersons, other than parties to the cause, do not have a sufficient legitimate interest in being informed of the matter.\nA person must not give as evidence, or publish, material in contravention of this section or of a direction under this section.\nMaximum penalty—16 penalty units.\nIn this section—\nexpert witness , for records, means a person appointed by the court or commission as an expert to examine and report on the records.\n(sec.580-ssec.1) Subsection (2) applies if records, tendered to the court or commission, relate to— a person’s trade secrets; or the financial position of a party or witness.\n(sec.580-ssec.2) The records can not, without the consent of the person, party or witness, be inspected by a person other than— a member of the court or the commission; or an expert witness for the records.\n(sec.580-ssec.3) Subsection (2) does not apply to records relating to the financial position of a party or witness who claims that the financial position of a business or industry does not permit the payment of wages, or the granting of conditions— claimed in the proceedings in which the records are tendered; or under a proposed industrial instrument or order to which the proceedings relate.\n(sec.580-ssec.4) If the court or commission directs that information relating to a person’s trade secrets or financial position be given in evidence, the evidence must be taken in private, if the person asks.\n(sec.580-ssec.5) The court, commission or registrar may direct— a report, or part of a report, of proceedings in an industrial cause not be published; or evidence given, records tendered or things exhibited in proceedings for an industrial cause be withheld from release or search.\n(sec.580-ssec.6) The direction may prohibit the publication, release or search absolutely, or except on conditions ordered by the court, commission or registrar.\n(sec.580-ssec.7) The direction may be given if the court, commission or registrar considers— disclosure of the matter would not be in the public interest; or persons, other than parties to the cause, do not have a sufficient legitimate interest in being informed of the matter.\n(sec.580-ssec.8) A person must not give as evidence, or publish, material in contravention of this section or of a direction under this section. Maximum penalty—16 penalty units.\n(sec.580-ssec.9) In this section— expert witness , for records, means a person appointed by the court or commission as an expert to examine and report on the records.\n- (a) a person’s trade secrets; or\n- (b) the financial position of a party or witness.\n- (a) a member of the court or the commission; or\n- (b) an expert witness for the records.\n- (a) claimed in the proceedings in which the records are tendered; or\n- (b) under a proposed industrial instrument or order to which the proceedings relate.\n- (a) a report, or part of a report, of proceedings in an industrial cause not be published; or\n- (b) evidence given, records tendered or things exhibited in proceedings for an industrial cause be withheld from release or search.\n- (a) disclosure of the matter would not be in the public interest; or\n- (b) persons, other than parties to the cause, do not have a sufficient legitimate interest in being informed of the matter.","sortOrder":851},{"sectionNumber":"sec.581","sectionType":"section","heading":"Evidentiary value of official records","content":"### sec.581 Evidentiary value of official records\n\nThe following are admissible in proceedings as evidence of a decision or action—\na copy of the decision, or of a record of other action, of the court or commission, purporting to bear the seal of the court or commission;\na document purporting to be an extract printed from the QIRC website that contains notice of a decision or other action of the court or commission.\nIn proceedings—\na document purporting to be an extract printed from the QIRC website that contains notice of a declaration of a general ruling published under section 458 , or an amendment of an award or certified agreement—\nis admissible as evidence of the making or approval of the declaration or amendment; and\nfor the period for which the declaration or amendment remains in force, is evidence of the matters in the notice; and\na copy of a certified agreement, certified as a true copy by the registrar, is admissible as evidence of—\nthe agreement; and\nits execution as shown in the copy; and\nits certification by the commission; and\na copy of a permit issued by the commission or the registrar, certified as a true copy by the registrar, is admissible as evidence of the permit; and\na certificate issued by the registrar about an organisation’s registration is evidence of the matters in the certificate; and\na certificate issued by the registrar that a stated person was, at a stated time either of the following, is evidence of the matters stated—\nan authorised industrial officer or another stated officer of a stated organisation;\na member of a stated organisation; and\na certificate issued by the registrar stating the following matters is evidence of the matter—\nthat a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry;\nthat a stated matter was published on the QIRC website on a stated day;\nthat a stated matter on the QIRC website was, on a stated day, published in a particular way;\nthat a document on the QIRC website was in force at a stated time or during a stated period.\n(sec.581-ssec.1) The following are admissible in proceedings as evidence of a decision or action— a copy of the decision, or of a record of other action, of the court or commission, purporting to bear the seal of the court or commission; a document purporting to be an extract printed from the QIRC website that contains notice of a decision or other action of the court or commission.\n(sec.581-ssec.2) In proceedings— a document purporting to be an extract printed from the QIRC website that contains notice of a declaration of a general ruling published under section 458 , or an amendment of an award or certified agreement— is admissible as evidence of the making or approval of the declaration or amendment; and for the period for which the declaration or amendment remains in force, is evidence of the matters in the notice; and a copy of a certified agreement, certified as a true copy by the registrar, is admissible as evidence of— the agreement; and its execution as shown in the copy; and its certification by the commission; and a copy of a permit issued by the commission or the registrar, certified as a true copy by the registrar, is admissible as evidence of the permit; and a certificate issued by the registrar about an organisation’s registration is evidence of the matters in the certificate; and a certificate issued by the registrar that a stated person was, at a stated time either of the following, is evidence of the matters stated— an authorised industrial officer or another stated officer of a stated organisation; a member of a stated organisation; and a certificate issued by the registrar stating the following matters is evidence of the matter— that a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry; that a stated matter was published on the QIRC website on a stated day; that a stated matter on the QIRC website was, on a stated day, published in a particular way; that a document on the QIRC website was in force at a stated time or during a stated period.\n- (a) a copy of the decision, or of a record of other action, of the court or commission, purporting to bear the seal of the court or commission;\n- (b) a document purporting to be an extract printed from the QIRC website that contains notice of a decision or other action of the court or commission.\n- (a) a document purporting to be an extract printed from the QIRC website that contains notice of a declaration of a general ruling published under section 458 , or an amendment of an award or certified agreement— (i) is admissible as evidence of the making or approval of the declaration or amendment; and (ii) for the period for which the declaration or amendment remains in force, is evidence of the matters in the notice; and\n- (i) is admissible as evidence of the making or approval of the declaration or amendment; and\n- (ii) for the period for which the declaration or amendment remains in force, is evidence of the matters in the notice; and\n- (b) a copy of a certified agreement, certified as a true copy by the registrar, is admissible as evidence of— (i) the agreement; and (ii) its execution as shown in the copy; and (iii) its certification by the commission; and\n- (i) the agreement; and\n- (ii) its execution as shown in the copy; and\n- (iii) its certification by the commission; and\n- (c) a copy of a permit issued by the commission or the registrar, certified as a true copy by the registrar, is admissible as evidence of the permit; and\n- (d) a certificate issued by the registrar about an organisation’s registration is evidence of the matters in the certificate; and\n- (e) a certificate issued by the registrar that a stated person was, at a stated time either of the following, is evidence of the matters stated— (i) an authorised industrial officer or another stated officer of a stated organisation; (ii) a member of a stated organisation; and\n- (i) an authorised industrial officer or another stated officer of a stated organisation;\n- (ii) a member of a stated organisation; and\n- (f) a certificate issued by the registrar stating the following matters is evidence of the matter— (i) that a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry; (ii) that a stated matter was published on the QIRC website on a stated day; (iii) that a stated matter on the QIRC website was, on a stated day, published in a particular way; (iv) that a document on the QIRC website was in force at a stated time or during a stated period.\n- (i) that a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry;\n- (ii) that a stated matter was published on the QIRC website on a stated day;\n- (iii) that a stated matter on the QIRC website was, on a stated day, published in a particular way;\n- (iv) that a document on the QIRC website was in force at a stated time or during a stated period.\n- (i) is admissible as evidence of the making or approval of the declaration or amendment; and\n- (ii) for the period for which the declaration or amendment remains in force, is evidence of the matters in the notice; and\n- (i) the agreement; and\n- (ii) its execution as shown in the copy; and\n- (iii) its certification by the commission; and\n- (i) an authorised industrial officer or another stated officer of a stated organisation;\n- (ii) a member of a stated organisation; and\n- (i) that a specified website is currently used, or was used during a stated period or on a stated day, to provide public access to information about matters relating to the court, the commission and the registry;\n- (ii) that a stated matter was published on the QIRC website on a stated day;\n- (iii) that a stated matter on the QIRC website was, on a stated day, published in a particular way;\n- (iv) that a document on the QIRC website was in force at a stated time or during a stated period.","sortOrder":852},{"sectionNumber":"sec.582","sectionType":"section","heading":"Proof of certain facts by statement","content":"### sec.582 Proof of certain facts by statement\n\nIn proceedings, a statement in a complaint or other process by which the proceedings are started about the following matters is evidence of the matters stated—\nthat a calling was, at or about a stated time, transferred from 1 person to another;\nthat a stated person is or is not, or was or was not, at a stated time, an officer or member of an organisation;\nthat a stated person is liable to pay, but has not paid, a contribution to the approved superannuation fund.\n- (a) that a calling was, at or about a stated time, transferred from 1 person to another;\n- (b) that a stated person is or is not, or was or was not, at a stated time, an officer or member of an organisation;\n- (c) that a stated person is liable to pay, but has not paid, a contribution to the approved superannuation fund.","sortOrder":853},{"sectionNumber":"sec.583","sectionType":"section","heading":"Evidentiary value of certificate of trustee of superannuation fund","content":"### sec.583 Evidentiary value of certificate of trustee of superannuation fund\n\nIn proceedings, a trustee’s certificate stating, for a period of relevant service of an eligible employee concerned in the proceedings, the following matters is evidence of the matters stated—\nan amount was paid as contribution to a complying superannuation fund of which the trustee is a trustee;\nan amount worked out on the rate of return that stated contributions would have attracted to the fund.\nIn this section—\ntrustee’s certificate means a certificate given, or purporting to have been given, by a trustee of a complying superannuation fund.\n(sec.583-ssec.1) In proceedings, a trustee’s certificate stating, for a period of relevant service of an eligible employee concerned in the proceedings, the following matters is evidence of the matters stated— an amount was paid as contribution to a complying superannuation fund of which the trustee is a trustee; an amount worked out on the rate of return that stated contributions would have attracted to the fund.\n(sec.583-ssec.2) In this section— trustee’s certificate means a certificate given, or purporting to have been given, by a trustee of a complying superannuation fund.\n- (a) an amount was paid as contribution to a complying superannuation fund of which the trustee is a trustee;\n- (b) an amount worked out on the rate of return that stated contributions would have attracted to the fund.","sortOrder":854},{"sectionNumber":"ch.11-pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":855},{"sectionNumber":"ch.11-pt.10-div.1","sectionType":"division","heading":"General appointment provisions for members of court and commission","content":"## General appointment provisions for members of court and commission","sortOrder":856},{"sectionNumber":"sec.584","sectionType":"section","heading":"Definition for division","content":"### sec.584 Definition for division\n\nIn this division—\nrelevant member means a member of the court or the commission other than the president.","sortOrder":857},{"sectionNumber":"sec.585","sectionType":"section","heading":"Appointment of members on full-time or part-time basis","content":"### sec.585 Appointment of members on full-time or part-time basis\n\nThis section applies to a person appointed to 1 of the following offices (each a relevant office )—\nthe office of the vice-president;\nthe office of a deputy president;\nthe office of an industrial commissioner.\nThe person is appointed to the relevant office on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\nA person appointed to a relevant office on a full-time basis may, by written agreement with the Minister, perform the functions of the office on a part-time basis.\nAn appointment or agreement to perform the functions of a relevant office on a part-time basis must state the percentage of the office the person is to perform.\nA person appointed to a relevant office on a part-time basis may, by written agreement with the Minister, perform the functions of the office on a full-time basis.\nA person appointed to a relevant office on a part-time basis may hold another office, perform other duties or engage in employment only with the written approval of the Minister.\nThe Minister may give a written approval mentioned in subsection (6) only if the Minister is satisfied holding the other office, performing the other duties or engaging in the employment is compatible with, and does not give rise to a conflict of interest in relation to, the relevant office.\n(sec.585-ssec.1) This section applies to a person appointed to 1 of the following offices (each a relevant office )— the office of the vice-president; the office of a deputy president; the office of an industrial commissioner.\n(sec.585-ssec.2) The person is appointed to the relevant office on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis.\n(sec.585-ssec.3) A person appointed to a relevant office on a full-time basis may, by written agreement with the Minister, perform the functions of the office on a part-time basis.\n(sec.585-ssec.4) An appointment or agreement to perform the functions of a relevant office on a part-time basis must state the percentage of the office the person is to perform.\n(sec.585-ssec.5) A person appointed to a relevant office on a part-time basis may, by written agreement with the Minister, perform the functions of the office on a full-time basis.\n(sec.585-ssec.6) A person appointed to a relevant office on a part-time basis may hold another office, perform other duties or engage in employment only with the written approval of the Minister.\n(sec.585-ssec.7) The Minister may give a written approval mentioned in subsection (6) only if the Minister is satisfied holding the other office, performing the other duties or engaging in the employment is compatible with, and does not give rise to a conflict of interest in relation to, the relevant office.\n- (a) the office of the vice-president;\n- (b) the office of a deputy president;\n- (c) the office of an industrial commissioner.","sortOrder":858},{"sectionNumber":"sec.586","sectionType":"section","heading":"Remuneration of members other than under the Judicial Remuneration Act 2007","content":"### sec.586 Remuneration of members other than under the Judicial Remuneration Act 2007\n\nIf a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the salary and allowances payable to the relevant member are worked out by multiplying the percentage of full-time service represented by the part-time service stated in the appointment or agreement by the salary and allowances payable to a member who performs the functions of the office on a full-time basis.\nThe annual salary of a full-time member is $200,000 and the allowances are $5,000. The salary of a relevant member who is appointed on a 50% part-time basis will be $100,000 and the allowances will be $2,500.\nA person acting as the president, the vice president, a deputy president or an industrial commissioner is entitled to the salary and allowances payable to the president, the vice president, a deputy president or a commissioner.\n(sec.586-ssec.1) If a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the salary and allowances payable to the relevant member are worked out by multiplying the percentage of full-time service represented by the part-time service stated in the appointment or agreement by the salary and allowances payable to a member who performs the functions of the office on a full-time basis. The annual salary of a full-time member is $200,000 and the allowances are $5,000. The salary of a relevant member who is appointed on a 50% part-time basis will be $100,000 and the allowances will be $2,500.\n(sec.586-ssec.2) A person acting as the president, the vice president, a deputy president or an industrial commissioner is entitled to the salary and allowances payable to the president, the vice president, a deputy president or a commissioner.","sortOrder":859},{"sectionNumber":"sec.587","sectionType":"section","heading":"Benefits— Pensions Act","content":"### sec.587 Benefits— Pensions Act\n\nThe Pensions Act , other than sections 2A , 2AA and 15 , applies with necessary changes to a member of the court or commission (each a member ) and a member’s spouse or child in the way it applies to a judge and a judge’s spouse or child.\nFor subsection (1) , a reference in the Pensions Act to a judge may, if the context permits, be taken to be a reference to a member.\nIn working out a person’s length of service as a member for subsection (1) , the following periods must be taken into account—\na period when the person has served as a member, whether under—\na first appointment as a member or a renewal of the appointment; or\na subsequent appointment;\na period when the person has served as an acting member.\n(sec.587-ssec.1) The Pensions Act , other than sections 2A , 2AA and 15 , applies with necessary changes to a member of the court or commission (each a member ) and a member’s spouse or child in the way it applies to a judge and a judge’s spouse or child.\n(sec.587-ssec.2) For subsection (1) , a reference in the Pensions Act to a judge may, if the context permits, be taken to be a reference to a member.\n(sec.587-ssec.3) In working out a person’s length of service as a member for subsection (1) , the following periods must be taken into account— a period when the person has served as a member, whether under— a first appointment as a member or a renewal of the appointment; or a subsequent appointment; a period when the person has served as an acting member.\n- (a) a period when the person has served as a member, whether under— (i) a first appointment as a member or a renewal of the appointment; or (ii) a subsequent appointment;\n- (i) a first appointment as a member or a renewal of the appointment; or\n- (ii) a subsequent appointment;\n- (b) a period when the person has served as an acting member.\n- (i) a first appointment as a member or a renewal of the appointment; or\n- (ii) a subsequent appointment;","sortOrder":860},{"sectionNumber":"sec.588","sectionType":"section","heading":"Benefits for part-time members","content":"### sec.588 Benefits for part-time members\n\nThis section applies if a relevant member performs the functions of the office on a part-time basis under an appointment or agreement.\nFor the pensions Act , sections 3 , 4 and 5 , the period served by the relevant member is taken to be the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis.\nFor the Pensions Act , sections 3 , 4 and 5 , the salary of the relevant member is taken to be the amount worked out using the formula—\nwhere—\nFTS means the salary payable to a relevant member who performs the functions of the office on a full-time basis under section 586 .\nPS means the sum of the period served on a full-time basis and each period of equivalent full-time service of the relevant member.\nTS means the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis.\nA person works as a commissioner full-time for 5 years 6 months and then works part-time on a 50% part-time basis for 5 years. The TS of the person is 10 1 / 2 years (5 1 / 2 years plus 5 years).\nThe amount of the salary of the relevant member worked out under subsection (3) is to be worked out to 2 decimal places and rounded up or down to the nearest whole dollar amount.\nIf the sum of the period served on a full-time basis and each period of equivalent full-time service for a relevant member is 10 years or more—\nsubsection (3) does not apply to the relevant member for the Pensions Act , sections 3 , 4 and 5 ; and\nthe salary of the relevant member for the Pensions Act , sections 3 , 4 and 5 is taken to be the salary payable to a relevant member who performs the functions of the office on a full-time basis under section 586 .\nIn this section—\nequivalent full-time service , for each period of part-time service, means the period of service multiplied by the percentage of full-time service represented by the part-time service stated in the appointment or agreement.\n(sec.588-ssec.1) This section applies if a relevant member performs the functions of the office on a part-time basis under an appointment or agreement.\n(sec.588-ssec.2) For the pensions Act , sections 3 , 4 and 5 , the period served by the relevant member is taken to be the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis.\n(sec.588-ssec.3) For the Pensions Act , sections 3 , 4 and 5 , the salary of the relevant member is taken to be the amount worked out using the formula— where— FTS means the salary payable to a relevant member who performs the functions of the office on a full-time basis under section 586 . PS means the sum of the period served on a full-time basis and each period of equivalent full-time service of the relevant member. TS means the total number of years, including any part of a year, that the person serves as a relevant member regardless of whether the person performs the functions of the office on a full-time or part-time basis. A person works as a commissioner full-time for 5 years 6 months and then works part-time on a 50% part-time basis for 5 years. The TS of the person is 10 1 / 2 years (5 1 / 2 years plus 5 years).\n(sec.588-ssec.4) The amount of the salary of the relevant member worked out under subsection (3) is to be worked out to 2 decimal places and rounded up or down to the nearest whole dollar amount.\n(sec.588-ssec.5) If the sum of the period served on a full-time basis and each period of equivalent full-time service for a relevant member is 10 years or more— subsection (3) does not apply to the relevant member for the Pensions Act , sections 3 , 4 and 5 ; and the salary of the relevant member for the Pensions Act , sections 3 , 4 and 5 is taken to be the salary payable to a relevant member who performs the functions of the office on a full-time basis under section 586 .\n(sec.588-ssec.6) In this section— equivalent full-time service , for each period of part-time service, means the period of service multiplied by the percentage of full-time service represented by the part-time service stated in the appointment or agreement.\n- (a) subsection (3) does not apply to the relevant member for the Pensions Act , sections 3 , 4 and 5 ; and\n- (b) the salary of the relevant member for the Pensions Act , sections 3 , 4 and 5 is taken to be the salary payable to a relevant member who performs the functions of the office on a full-time basis under section 586 .","sortOrder":861},{"sectionNumber":"sec.589","sectionType":"section","heading":"Benefits— Superannuation (State Public Sector) Act 1990","content":"### sec.589 Benefits— Superannuation (State Public Sector) Act 1990\n\nSection 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if—\nfor a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or\notherwise—\nthe member is a member of the scheme and properly elects to continue as a member of the scheme; or\nthe member is not a member of the scheme and properly elects to be a member of the scheme.\nAn election by a member under subsection (1) (b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member—\nthe trustee under the Superannuation (State Public Sector) Act 1990 ; and\nthe chief executive.\nIn this section—\nscheme means the scheme under the Superannuation (State Public Sector) Act 1990 .\ns 589 amd 2021 No. 20 s 59 sch 1\n(sec.589-ssec.1) Section 586 does not confer an entitlement on a member of the court or commission or a member’s spouse or child, if— for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or otherwise— the member is a member of the scheme and properly elects to continue as a member of the scheme; or the member is not a member of the scheme and properly elects to be a member of the scheme.\n(sec.589-ssec.2) An election by a member under subsection (1) (b) must be made by giving signed notice to each of the following within 3 months after being first appointed as a member— the trustee under the Superannuation (State Public Sector) Act 1990 ; and the chief executive.\n(sec.589-ssec.3) In this section— scheme means the scheme under the Superannuation (State Public Sector) Act 1990 .\n- (a) for a member who was first appointed to the commission before the commencement of the Industrial Relations Act 1999 —immediately before the commencement of that Act, the member was not a member to whom the Pensions Act applied; or\n- (b) otherwise— (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.\n- (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or\n- (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.\n- (i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or\n- (ii) the member is not a member of the scheme and properly elects to be a member of the scheme.\n- (a) the trustee under the Superannuation (State Public Sector) Act 1990 ; and\n- (b) the chief executive.","sortOrder":862},{"sectionNumber":"sec.590","sectionType":"section","heading":"Leave under the Pensions Act","content":"### sec.590 Leave under the Pensions Act\n\nThe Pensions Act , section 15 applies with necessary changes to a member of the court or commission in the way it applies to a judge.\nFor subsection (1) , a reference in the Pensions Act , section 15 —\nto a judge may, if the context permits, be taken to be a reference to a member; and\nto the prescribed authority is taken to be a reference to—\nif the member is the president—the Chief Justice; or\notherwise—the president.\nIn working out a person’s length of service as a member for subsection (1) , the following periods must be taken into account—\na period when the person has served as a member, whether under—\na first appointment as a member or a renewal of the appointment; or\na subsequent appointment;\na period when the person has served as an acting member.\n(sec.590-ssec.1) The Pensions Act , section 15 applies with necessary changes to a member of the court or commission in the way it applies to a judge.\n(sec.590-ssec.2) For subsection (1) , a reference in the Pensions Act , section 15 — to a judge may, if the context permits, be taken to be a reference to a member; and to the prescribed authority is taken to be a reference to— if the member is the president—the Chief Justice; or otherwise—the president.\n(sec.590-ssec.3) In working out a person’s length of service as a member for subsection (1) , the following periods must be taken into account— a period when the person has served as a member, whether under— a first appointment as a member or a renewal of the appointment; or a subsequent appointment; a period when the person has served as an acting member.\n- (a) to a judge may, if the context permits, be taken to be a reference to a member; and\n- (b) to the prescribed authority is taken to be a reference to— (i) if the member is the president—the Chief Justice; or (ii) otherwise—the president.\n- (i) if the member is the president—the Chief Justice; or\n- (ii) otherwise—the president.\n- (i) if the member is the president—the Chief Justice; or\n- (ii) otherwise—the president.\n- (a) a period when the person has served as a member, whether under— (i) a first appointment as a member or a renewal of the appointment; or (ii) a subsequent appointment;\n- (i) a first appointment as a member or a renewal of the appointment; or\n- (ii) a subsequent appointment;\n- (b) a period when the person has served as an acting member.\n- (i) a first appointment as a member or a renewal of the appointment; or\n- (ii) a subsequent appointment;","sortOrder":863},{"sectionNumber":"sec.591","sectionType":"section","heading":"Other leave","content":"### sec.591 Other leave\n\nThe Chief Justice may grant leave, other than leave mentioned in the Pensions Act , section 15 , to the president on the terms the Chief Justice considers appropriate.\nThe president may grant leave, other than leave mentioned in the Pensions Act , section 15 , to any other member.\n(sec.591-ssec.1) The Chief Justice may grant leave, other than leave mentioned in the Pensions Act , section 15 , to the president on the terms the Chief Justice considers appropriate.\n(sec.591-ssec.2) The president may grant leave, other than leave mentioned in the Pensions Act , section 15 , to any other member.","sortOrder":864},{"sectionNumber":"sec.592","sectionType":"section","heading":"Leave for part-time members","content":"### sec.592 Leave for part-time members\n\nIf a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the entitlement to leave of the relevant member is worked out by multiplying the percentage of full-time service represented by the part-time service stated in the appointment or agreement by the entitlement to the leave of a relevant member who performs the functions of the office on a full-time basis.\n(sec.592-ssec) If a relevant member performs the functions of the office of a member on a part-time basis under an appointment or agreement, the entitlement to leave of the relevant member is worked out by multiplying the percentage of full-time service represented by the part-time service stated in the appointment or agreement by the entitlement to the leave of a relevant member who performs the functions of the office on a full-time basis.","sortOrder":865},{"sectionNumber":"sec.593","sectionType":"section","heading":"Other terms and conditions","content":"### sec.593 Other terms and conditions\n\nA member of the court or commission holds office on the terms and conditions decided by the Governor in Council, other than as provided for by this Act or the Judicial Remuneration Act 2007 .","sortOrder":866},{"sectionNumber":"ch.11-pt.10-div.2","sectionType":"division","heading":"President’s annual report","content":"## President’s annual report","sortOrder":867},{"sectionNumber":"sec.594","sectionType":"section","heading":"President’s annual report","content":"### sec.594 President’s annual report\n\nAs soon as practicable after the end of each financial year, the president must prepare and give to the Minister a report for the year about—\nthe operation of this Act; and\nin particular, the performance of the functions of the court, commission and registry.\nThe registrar must prepare, and give to the president, a report for the year on the working of the registry for inclusion in the president’s report under subsection (1) .\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after the Minister receives it.\n(sec.594-ssec.1) As soon as practicable after the end of each financial year, the president must prepare and give to the Minister a report for the year about— the operation of this Act; and in particular, the performance of the functions of the court, commission and registry.\n(sec.594-ssec.2) The registrar must prepare, and give to the president, a report for the year on the working of the registry for inclusion in the president’s report under subsection (1) .\n(sec.594-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after the Minister receives it.\n- (a) the operation of this Act; and\n- (b) in particular, the performance of the functions of the court, commission and registry.","sortOrder":868},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":869},{"sectionNumber":"sec.595","sectionType":"section","heading":"Definitions for chapter","content":"### sec.595 Definitions for chapter\n\nIn this chapter—\namalgamation means the carrying out, under part 14 , of arrangements for 2 or more organisations, associations or corporations, under which—\nan organisation is, or 2 or more organisations are, to be deregistered; and\nmembers of the organisation or organisations to be deregistered are to become members of another organisation, whether existing or proposed.\napproved auditor , in relation to a reporting unit, means a person who—\nis a registered company auditor within the meaning of the Corporations Act , section 9 ; and\nis not an officer or member of the reporting unit or the organisation of which the reporting unit is part; and\nis not employed by the reporting unit or the organisation of which the reporting unit is part.\nauditor , in relation to a reporting unit, means—\nthe person who is the holder of the position of auditor of the reporting unit under section 766 ; or\nif a firm is the holder of the position—each person who is a member of the firm and is an approved auditor.\nballot records , for an election or ballot, means any ballot envelopes, papers or other records that have been prepared or used for the election or ballot.\nbranch , of an organisation, means a constituent part of the organisation, however called, that has a management committee or officers.\ncasual vacancy means a vacancy in an office because of the death, removal or resignation from office of the office holder.\ncertified , in relation to a document, means certified by declaration by the secretary, or another officer, of an organisation prescribed by regulation.\ncommittee meeting , for an organisation, means a meeting of its management committee.\nCommonwealth Registered Organisations Act ...\ns 595 def Commonwealth Registered Organisations Act om 2022 No. 27 s 67\ncorporation see section 596 .\ncounterpart federal body see section 597 .\ndefect includes error, irregularity, nullity and omission.\ndemarcation dispute undertaking from an organisation or applicant for registration means an undertaking from it to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and another organisation’s eligibility rules.\nderegistered organisation means a former organisation whose registration has been cancelled.\nderegistration , for an organisation, means the cancellation of its registration.\ndesignated officer see section 753 (1) .\ndisclosure notice see section 716 (2) .\nelection means an election for an office for an organisation or branch of an organisation.\nelectoral commission means the Electoral Commission of Queensland.\nelectoral officer means the electoral commissioner, the deputy electoral commissioner or a member of the staff of the electoral commission.\neligibility rules of an organisation or applicant for registration means its rules about eligibility for its membership.\nfederal organisation ...\ns 595 def federal organisation om 2022 No. 27 s 67\nfile a document means file it with the registrar.\nfinancial hardship payment , for an organisation, means a payment by the organisation to relieve a member or the member’s dependant from severe financial hardship.\nfinancial records , of a reporting unit, means financial records of the reporting unit kept under section 762 (1) .\nfinancial year , of an organisation, see section 598 .\ngeneral meeting , of an organisation or applicant for registration, means a general meeting of its members.\ngeneral purpose financial report means the general purpose financial report prepared under section 763 .\nirregularity includes—\na contravention of an organisation’s rules; and\nfor an election or ballot, an act or omission by which the following is, or is attempted to be, prevented—\nthe full and free recording of votes by all persons who may record a vote and by no other persons;\na correct working out or declaration of the results of the voting.\nmanagement committee , for an organisation, branch of an organisation, reporting unit or applicant for registration, means the body of persons, however described, that manages its affairs.\nmembership subscription , for an organisation, means a subscription, due or other amount payable under its rules for membership or membership renewal.\nmembers register , for an organisation, means the current register of its members required to be kept under section 732 (1) .\nmodel election rules means the model election rules under section 642 .\noffice , for an organisation, branch of an organisation or applicant for registration, see section 599 .\nofficer , of an organisation, branch of an organisation or association or corporation applying for registration, means a person who holds an office in the organisation, branch, association or corporation.\nofficers register , for an organisation, means the current register of its officers required to be kept under section 732 (2) .\nordinary election means an election held under rules under part 4 .\npostal ballot means a ballot by which—\na ballot paper is sent by prepaid post to each person who may vote in the ballot; and\nfacilities are provided for returning the completed ballot paper by post by each voter without cost to the voter.\npresident , of an organisation, branch of an organisation or applicant for registration, means—\nits president; or\nits chief executive officer; or\nanother officer of the organisation, branch or applicant for registration, however described, who has the functions of its president or chief executive officer.\nregister , when used as a noun, means the register of organisations the registrar keeps under section 614 (1) .\nregistration means registration under this chapter as an organisation.\nreporting unit , of an organisation, means a reporting unit under section 752 (2) or (3) .\nreporting unit’s organisation means the organisation of which a reporting unit is the whole or a part under section 752 (2) or (3) .\nrequired number of members of an organisation means the number of its members that is the lesser of 5% of the membership or 250.\nrules application see section 646 .\nsecretary , of an organisation, for the signing of a document to be filed means—\nthe person who holds the office of secretary of the organisation; or\nif 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.\nwithdrawal means the withdrawal, under part 14 , of a constituent part from an amalgamated organisation.\n- (a) an organisation is, or 2 or more organisations are, to be deregistered; and\n- (b) members of the organisation or organisations to be deregistered are to become members of another organisation, whether existing or proposed.\n- (a) is a registered company auditor within the meaning of the Corporations Act , section 9 ; and\n- (b) is not an officer or member of the reporting unit or the organisation of which the reporting unit is part; and\n- (c) is not employed by the reporting unit or the organisation of which the reporting unit is part.\n- (a) the person who is the holder of the position of auditor of the reporting unit under section 766 ; or\n- (b) if a firm is the holder of the position—each person who is a member of the firm and is an approved auditor.\n- (a) a contravention of an organisation’s rules; and\n- (b) for an election or ballot, an act or omission by which the following is, or is attempted to be, prevented— (i) the full and free recording of votes by all persons who may record a vote and by no other persons; (ii) a correct working out or declaration of the results of the voting.\n- (i) the full and free recording of votes by all persons who may record a vote and by no other persons;\n- (ii) a correct working out or declaration of the results of the voting.\n- (i) the full and free recording of votes by all persons who may record a vote and by no other persons;\n- (ii) a correct working out or declaration of the results of the voting.\n- (a) a ballot paper is sent by prepaid post to each person who may vote in the ballot; and\n- (b) facilities are provided for returning the completed ballot paper by post by each voter without cost to the voter.\n- (a) its president; or\n- (b) its chief executive officer; or\n- (c) another officer of the organisation, branch or applicant for registration, however described, who has the functions of its president or chief executive officer.\n- (a) the person who holds the office of secretary of the organisation; or\n- (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.","sortOrder":870},{"sectionNumber":"sec.596","sectionType":"section","heading":"Meaning of corporation for ch 12","content":"### sec.596 Meaning of corporation for ch 12\n\nIn this chapter, corporation means—\na corporation under the Corporations Act , section 57A ; or\nan incorporated association under the Associations Incorporation Act 1981 ; or\na body incorporated under a law of the State, another State or the Commonwealth, other than—\na federal organisation; or\nan organisation registered under a law of another State about the registration of industrial organisations or unions.\nExcept for this chapter (other than sections 618 and 624 and part 4 ) and the State Penalties Enforcement Act 1999 , parts 3 to 5 , an organisation incorporated under section 611 is not a corporation.\n(sec.596-ssec.1) In this chapter, corporation means— a corporation under the Corporations Act , section 57A ; or an incorporated association under the Associations Incorporation Act 1981 ; or a body incorporated under a law of the State, another State or the Commonwealth, other than— a federal organisation; or an organisation registered under a law of another State about the registration of industrial organisations or unions.\n(sec.596-ssec.2) Except for this chapter (other than sections 618 and 624 and part 4 ) and the State Penalties Enforcement Act 1999 , parts 3 to 5 , an organisation incorporated under section 611 is not a corporation.\n- (a) a corporation under the Corporations Act , section 57A ; or\n- (b) an incorporated association under the Associations Incorporation Act 1981 ; or\n- (c) a body incorporated under a law of the State, another State or the Commonwealth, other than— (i) a federal organisation; or (ii) an organisation registered under a law of another State about the registration of industrial organisations or unions.\n- (i) a federal organisation; or\n- (ii) an organisation registered under a law of another State about the registration of industrial organisations or unions.\n- (i) a federal organisation; or\n- (ii) an organisation registered under a law of another State about the registration of industrial organisations or unions.","sortOrder":871},{"sectionNumber":"sec.597","sectionType":"section","heading":"Meaning of counterpart federal body for ch 12","content":"### sec.597 Meaning of counterpart federal body for ch 12\n\nIn this chapter, a federal organisation or a branch or part of a federal organisation ( federal body ) is a counterpart federal body of an organisation ( State body ) if—\na substantial number of members of the State body are—\nmembers or eligible to be members of the federal body; or\nengaged in the same work, in aspects of the same work or in similar work as members of the federal body; or\nemployed in the same or similar work by employers engaged in the same industry as members of the federal body; or\nengaged in work or in industries for which there is a community of interest between the federal body and the State body; or\nthere is an agreement in force under the Commonwealth Registered Organisations Act , section 151 , between the federal body and the State body.\nIf subsection (1) (a) or (b) applies to more than 1 State body for the same federal body, the federal body is a counterpart federal body of each of the State bodies.\n(sec.597-ssec.1) In this chapter, a federal organisation or a branch or part of a federal organisation ( federal body ) is a counterpart federal body of an organisation ( State body ) if— a substantial number of members of the State body are— members or eligible to be members of the federal body; or engaged in the same work, in aspects of the same work or in similar work as members of the federal body; or employed in the same or similar work by employers engaged in the same industry as members of the federal body; or engaged in work or in industries for which there is a community of interest between the federal body and the State body; or there is an agreement in force under the Commonwealth Registered Organisations Act , section 151 , between the federal body and the State body.\n(sec.597-ssec.2) If subsection (1) (a) or (b) applies to more than 1 State body for the same federal body, the federal body is a counterpart federal body of each of the State bodies.\n- (a) a substantial number of members of the State body are— (i) members or eligible to be members of the federal body; or (ii) engaged in the same work, in aspects of the same work or in similar work as members of the federal body; or (iii) employed in the same or similar work by employers engaged in the same industry as members of the federal body; or (iv) engaged in work or in industries for which there is a community of interest between the federal body and the State body; or\n- (i) members or eligible to be members of the federal body; or\n- (ii) engaged in the same work, in aspects of the same work or in similar work as members of the federal body; or\n- (iii) employed in the same or similar work by employers engaged in the same industry as members of the federal body; or\n- (iv) engaged in work or in industries for which there is a community of interest between the federal body and the State body; or\n- (b) there is an agreement in force under the Commonwealth Registered Organisations Act , section 151 , between the federal body and the State body.\n- (i) members or eligible to be members of the federal body; or\n- (ii) engaged in the same work, in aspects of the same work or in similar work as members of the federal body; or\n- (iii) employed in the same or similar work by employers engaged in the same industry as members of the federal body; or\n- (iv) engaged in work or in industries for which there is a community of interest between the federal body and the State body; or","sortOrder":872},{"sectionNumber":"sec.598","sectionType":"section","heading":"Meaning of financial year for ch 12","content":"### sec.598 Meaning of financial year for ch 12\n\nIn this chapter, a financial year of an organisation means—\nthe period of 1 year starting on 1 July; or\nif the organisation’s rules provide for another period of 1 year as its financial year—the other period.\nIf an organisation’s rules change so that the period of its financial year changes, the time from the end of the financial year before the change and the start of the first financial year after the change is taken to be a financial year of the organisation.\nThe period from when an organisation is registered to the start of its first financial year under subsection (1) is not included in a financial year of the organisation.\n(sec.598-ssec.1) In this chapter, a financial year of an organisation means— the period of 1 year starting on 1 July; or if the organisation’s rules provide for another period of 1 year as its financial year—the other period.\n(sec.598-ssec.2) If an organisation’s rules change so that the period of its financial year changes, the time from the end of the financial year before the change and the start of the first financial year after the change is taken to be a financial year of the organisation.\n(sec.598-ssec.3) The period from when an organisation is registered to the start of its first financial year under subsection (1) is not included in a financial year of the organisation.\n- (a) the period of 1 year starting on 1 July; or\n- (b) if the organisation’s rules provide for another period of 1 year as its financial year—the other period.","sortOrder":873},{"sectionNumber":"sec.599","sectionType":"section","heading":"Meaning of office for ch 12","content":"### sec.599 Meaning of office for ch 12\n\nIn this chapter, office , for an organisation, branch of an organisation or applicant for registration, (each an industrial organisation ) means—\nthe office of president, vice president, secretary or assistant secretary of the industrial organisation; or\nthe office of a member of the management committee of the industrial organisation; or\nthe office of a voting member of any other collective body that may do any of the following—\nmanage the affairs of the industrial organisation;\ndecide the policy of the industrial organisation;\nmake, amend or repeal the rules of the industrial organisation;\nenforce the rules of the industrial organisation; or\nan office for which the holder may under the rules of the industrial organisation manage the organisation’s affairs and enforce its rules, other than a holder only taking part under directions of a collective body or other person to put into effect—\nthe organisation’s existing policy; or\ndecisions concerning the organisation; or\nan office for which the holder may under the industrial organisation’s rules decide the organisation’s policy and make, amend or repeal its rules; or\nthe office of a person holding, whether as trustee or otherwise, the property of the industrial organisation or property the organisation has a beneficial interest in.\ns 599 amd 2022 No. 27 s 3 sch 1\n- (a) the office of president, vice president, secretary or assistant secretary of the industrial organisation; or\n- (b) the office of a member of the management committee of the industrial organisation; or\n- (c) the office of a voting member of any other collective body that may do any of the following— (i) manage the affairs of the industrial organisation; (ii) decide the policy of the industrial organisation; (iii) make, amend or repeal the rules of the industrial organisation; (iv) enforce the rules of the industrial organisation; or\n- (i) manage the affairs of the industrial organisation;\n- (ii) decide the policy of the industrial organisation;\n- (iii) make, amend or repeal the rules of the industrial organisation;\n- (iv) enforce the rules of the industrial organisation; or\n- (d) an office for which the holder may under the rules of the industrial organisation manage the organisation’s affairs and enforce its rules, other than a holder only taking part under directions of a collective body or other person to put into effect— (i) the organisation’s existing policy; or (ii) decisions concerning the organisation; or\n- (i) the organisation’s existing policy; or\n- (ii) decisions concerning the organisation; or\n- (e) an office for which the holder may under the industrial organisation’s rules decide the organisation’s policy and make, amend or repeal its rules; or\n- (f) the office of a person holding, whether as trustee or otherwise, the property of the industrial organisation or property the organisation has a beneficial interest in.\n- (i) manage the affairs of the industrial organisation;\n- (ii) decide the policy of the industrial organisation;\n- (iii) make, amend or repeal the rules of the industrial organisation;\n- (iv) enforce the rules of the industrial organisation; or\n- (i) the organisation’s existing policy; or\n- (ii) decisions concerning the organisation; or","sortOrder":874},{"sectionNumber":"sec.600","sectionType":"section","heading":"Exemptions","content":"### sec.600 Exemptions\n\nAn organisation, or an officer of an organisation or branch of an organisation, may apply to the registrar for an exemption under this section from a stated obligation imposed by this chapter on a branch of the organisation or an officer of the organisation or branch.\nHowever, an application may not be made under this section if an application for the exemption may be made under another provision of this chapter.\nThe registrar must exempt the branch of the organisation or the officer of the organisation or branch from the obligation if the registrar is satisfied that the branch or officer does not have a role in managing the affairs or controlling the finances of the organisation or branch.\n(sec.600-ssec.1) An organisation, or an officer of an organisation or branch of an organisation, may apply to the registrar for an exemption under this section from a stated obligation imposed by this chapter on a branch of the organisation or an officer of the organisation or branch.\n(sec.600-ssec.2) However, an application may not be made under this section if an application for the exemption may be made under another provision of this chapter.\n(sec.600-ssec.3) The registrar must exempt the branch of the organisation or the officer of the organisation or branch from the obligation if the registrar is satisfied that the branch or officer does not have a role in managing the affairs or controlling the finances of the organisation or branch.","sortOrder":875},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Registration","content":"# Registration","sortOrder":876},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Registration applications","content":"## Registration applications","sortOrder":877},{"sectionNumber":"sec.601","sectionType":"section","heading":"Application is to commission","content":"### sec.601 Application is to commission\n\nA registration application may only be made to the commission.","sortOrder":878},{"sectionNumber":"sec.602","sectionType":"section","heading":"Who may apply","content":"### sec.602 Who may apply\n\nAn association may apply for registration as an employee organisation or employer organisation.\nA corporation may only apply for registration as an employer organisation.\n(sec.602-ssec.1) An association may apply for registration as an employee organisation or employer organisation.\n(sec.602-ssec.2) A corporation may only apply for registration as an employer organisation.","sortOrder":879},{"sectionNumber":"sec.603","sectionType":"section","heading":"General requirements for applications","content":"### sec.603 General requirements for applications\n\nA registration application must be—\nsigned by the applicant’s president and secretary; and\naccompanied by the following—\nthe proposed address under section 613 (1) of the applicant’s proposed registered office;\n2 copies of the rules the applicant proposes to have as an organisation;\na copy of the register that will, on its registration, be the applicant’s officers register;\na list of any trustees of the applicant;\nthe appropriate fee under the rules; and\nfiled.\nNotice of the application must be published by the applicant in the way prescribed by regulation.\n(sec.603-ssec.1) A registration application must be— signed by the applicant’s president and secretary; and accompanied by the following— the proposed address under section 613 (1) of the applicant’s proposed registered office; 2 copies of the rules the applicant proposes to have as an organisation; a copy of the register that will, on its registration, be the applicant’s officers register; a list of any trustees of the applicant; the appropriate fee under the rules; and filed.\n(sec.603-ssec.2) Notice of the application must be published by the applicant in the way prescribed by regulation.\n- (a) signed by the applicant’s president and secretary; and\n- (b) accompanied by the following— (i) the proposed address under section 613 (1) of the applicant’s proposed registered office; (ii) 2 copies of the rules the applicant proposes to have as an organisation; (iii) a copy of the register that will, on its registration, be the applicant’s officers register; (iv) a list of any trustees of the applicant; (v) the appropriate fee under the rules; and\n- (i) the proposed address under section 613 (1) of the applicant’s proposed registered office;\n- (ii) 2 copies of the rules the applicant proposes to have as an organisation;\n- (iii) a copy of the register that will, on its registration, be the applicant’s officers register;\n- (iv) a list of any trustees of the applicant;\n- (v) the appropriate fee under the rules; and\n- (c) filed.\n- (i) the proposed address under section 613 (1) of the applicant’s proposed registered office;\n- (ii) 2 copies of the rules the applicant proposes to have as an organisation;\n- (iii) a copy of the register that will, on its registration, be the applicant’s officers register;\n- (iv) a list of any trustees of the applicant;\n- (v) the appropriate fee under the rules; and","sortOrder":880},{"sectionNumber":"sec.604","sectionType":"section","heading":"Additional requirements for employee organisation application","content":"### sec.604 Additional requirements for employee organisation application\n\nIf the application is for registration as an employee organisation, the application must be accompanied by the following—\na copy of a resolution in favour of the applicant’s registration passed under the applicant’s rules—\nby a majority of its members present at a general meeting of the organisation; or\nin another way allowed under the applicant’s rules;\na list stating the applicant’s members on the day the resolution was made;\na list stating the callings of the applicant’s members or callings to which the applicant’s eligibility rules relate;\na list stating each locality in which the applicant’s members exercise their callings.\n- (a) a copy of a resolution in favour of the applicant’s registration passed under the applicant’s rules— (i) by a majority of its members present at a general meeting of the organisation; or (ii) in another way allowed under the applicant’s rules;\n- (i) by a majority of its members present at a general meeting of the organisation; or\n- (ii) in another way allowed under the applicant’s rules;\n- (b) a list stating the applicant’s members on the day the resolution was made;\n- (c) a list stating the callings of the applicant’s members or callings to which the applicant’s eligibility rules relate;\n- (d) a list stating each locality in which the applicant’s members exercise their callings.\n- (i) by a majority of its members present at a general meeting of the organisation; or\n- (ii) in another way allowed under the applicant’s rules;","sortOrder":881},{"sectionNumber":"sec.605","sectionType":"section","heading":"Additional requirements for employer organisation applications","content":"### sec.605 Additional requirements for employer organisation applications\n\nIf the application is for registration as an employer organisation, the application must be accompanied by the following—\na list stating the name of, and the place or places where business is carried on by, each employer member of the applicant;\nif the applicant has more than 1 member, a copy of a resolution in favour of registration of the applicant passed under the applicant’s rules—\nby a majority of the employer members; or\nin another way allowed under the applicant’s rules;\na list stating the callings in which employees are employed by the employer members;\na statement of particulars of—\nthe control of the applicant’s property; and\ninvestment of the applicant’s funds, as distinct from the property and funds of the members of the applicant.\nIn this section—\nmember includes shareholder.\nrules includes constitution.\n(sec.605-ssec.1) If the application is for registration as an employer organisation, the application must be accompanied by the following— a list stating the name of, and the place or places where business is carried on by, each employer member of the applicant; if the applicant has more than 1 member, a copy of a resolution in favour of registration of the applicant passed under the applicant’s rules— by a majority of the employer members; or in another way allowed under the applicant’s rules; a list stating the callings in which employees are employed by the employer members; a statement of particulars of— the control of the applicant’s property; and investment of the applicant’s funds, as distinct from the property and funds of the members of the applicant.\n(sec.605-ssec.2) In this section— member includes shareholder. rules includes constitution.\n- (a) a list stating the name of, and the place or places where business is carried on by, each employer member of the applicant;\n- (b) if the applicant has more than 1 member, a copy of a resolution in favour of registration of the applicant passed under the applicant’s rules— (i) by a majority of the employer members; or (ii) in another way allowed under the applicant’s rules;\n- (i) by a majority of the employer members; or\n- (ii) in another way allowed under the applicant’s rules;\n- (c) a list stating the callings in which employees are employed by the employer members;\n- (d) a statement of particulars of— (i) the control of the applicant’s property; and (ii) investment of the applicant’s funds, as distinct from the property and funds of the members of the applicant.\n- (i) the control of the applicant’s property; and\n- (ii) investment of the applicant’s funds, as distinct from the property and funds of the members of the applicant.\n- (i) by a majority of the employer members; or\n- (ii) in another way allowed under the applicant’s rules;\n- (i) the control of the applicant’s property; and\n- (ii) investment of the applicant’s funds, as distinct from the property and funds of the members of the applicant.","sortOrder":882},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"Hearing of registration applications","content":"## Hearing of registration applications","sortOrder":883},{"sectionNumber":"sec.606","sectionType":"section","heading":"Right to object","content":"### sec.606 Right to object\n\nA person may object to a registration application if the person—\nhas an appropriate interest in the matter; and\ngives notice to the commission in the time and way prescribed by regulation.\nThe commission must hear the objection in the way prescribed by regulation.\n(sec.606-ssec.1) A person may object to a registration application if the person— has an appropriate interest in the matter; and gives notice to the commission in the time and way prescribed by regulation.\n(sec.606-ssec.2) The commission must hear the objection in the way prescribed by regulation.\n- (a) has an appropriate interest in the matter; and\n- (b) gives notice to the commission in the time and way prescribed by regulation.","sortOrder":884},{"sectionNumber":"sec.607","sectionType":"section","heading":"Registration criteria for all applications","content":"### sec.607 Registration criteria for all applications\n\nThe commission may grant the application only if satisfied of the following—\nthe applicant exists to further or protect its members’ interests;\nthe applicant would, if registered, comply with the obligations of an organisation under this chapter and would not contravene chapter 8 ;\nthe rules the applicant proposes to have as an organisation—\ncomply with parts 3 and 4 ; and\nare not contrary to this Act or another law;\nthe applicant’s name—\nis not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and\nwill, if the applicant is registered, comply with section 612 ;\nthe applicant does not have an officer—\nwho is the subject of an order made under section 483D ; or\nagainst whom a civil penalty order was made in the previous 5 years; or\nwho was an officer of a cancelled incorporated association;\nthe applicant is free from control by, or improper influence from, a person who was an officer of a cancelled incorporated association;\nregistration of the applicant would not be inconsistent with the objects of this Act.\nFor subsection (1) (e) (iii) and (f), a person was an officer of a cancelled incorporated association if—\nthe incorporation of an incorporated association was cancelled—\nunder the Associations Incorporation Act 1981 , section 93B ; and\nin the previous 5 years; and\nthe person was an officer of the incorporated association immediately before its incorporation was cancelled.\nFor subsection (1) (g) , the commission must consider whether recent conduct by the applicant or its members would have been an industrial conduct ground under part 16 if the applicant had been registered when the conduct happened.\ns 607 amd 2022 No. 27 s 56\n(sec.607-ssec.1) The commission may grant the application only if satisfied of the following— the applicant exists to further or protect its members’ interests; the applicant would, if registered, comply with the obligations of an organisation under this chapter and would not contravene chapter 8 ; the rules the applicant proposes to have as an organisation— comply with parts 3 and 4 ; and are not contrary to this Act or another law; the applicant’s name— is not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and will, if the applicant is registered, comply with section 612 ; the applicant does not have an officer— who is the subject of an order made under section 483D ; or against whom a civil penalty order was made in the previous 5 years; or who was an officer of a cancelled incorporated association; the applicant is free from control by, or improper influence from, a person who was an officer of a cancelled incorporated association; registration of the applicant would not be inconsistent with the objects of this Act.\n(sec.607-ssec.2) For subsection (1) (e) (iii) and (f), a person was an officer of a cancelled incorporated association if— the incorporation of an incorporated association was cancelled— under the Associations Incorporation Act 1981 , section 93B ; and in the previous 5 years; and the person was an officer of the incorporated association immediately before its incorporation was cancelled.\n(sec.607-ssec.3) For subsection (1) (g) , the commission must consider whether recent conduct by the applicant or its members would have been an industrial conduct ground under part 16 if the applicant had been registered when the conduct happened.\n- (a) the applicant exists to further or protect its members’ interests;\n- (b) the applicant would, if registered, comply with the obligations of an organisation under this chapter and would not contravene chapter 8 ;\n- (c) the rules the applicant proposes to have as an organisation— (i) comply with parts 3 and 4 ; and (ii) are not contrary to this Act or another law;\n- (i) comply with parts 3 and 4 ; and\n- (ii) are not contrary to this Act or another law;\n- (d) the applicant’s name— (i) is not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and (ii) will, if the applicant is registered, comply with section 612 ;\n- (i) is not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and\n- (ii) will, if the applicant is registered, comply with section 612 ;\n- (e) the applicant does not have an officer— (i) who is the subject of an order made under section 483D ; or (ii) against whom a civil penalty order was made in the previous 5 years; or (iii) who was an officer of a cancelled incorporated association;\n- (i) who is the subject of an order made under section 483D ; or\n- (ii) against whom a civil penalty order was made in the previous 5 years; or\n- (iii) who was an officer of a cancelled incorporated association;\n- (f) the applicant is free from control by, or improper influence from, a person who was an officer of a cancelled incorporated association;\n- (g) registration of the applicant would not be inconsistent with the objects of this Act.\n- (i) comply with parts 3 and 4 ; and\n- (ii) are not contrary to this Act or another law;\n- (i) is not the same as an organisation’s name or so similar to an organisation’s name as to be likely to cause confusion; and\n- (ii) will, if the applicant is registered, comply with section 612 ;\n- (i) who is the subject of an order made under section 483D ; or\n- (ii) against whom a civil penalty order was made in the previous 5 years; or\n- (iii) who was an officer of a cancelled incorporated association;\n- (a) the incorporation of an incorporated association was cancelled— (i) under the Associations Incorporation Act 1981 , section 93B ; and (ii) in the previous 5 years; and\n- (i) under the Associations Incorporation Act 1981 , section 93B ; and\n- (ii) in the previous 5 years; and\n- (b) the person was an officer of the incorporated association immediately before its incorporation was cancelled.\n- (i) under the Associations Incorporation Act 1981 , section 93B ; and\n- (ii) in the previous 5 years; and","sortOrder":885},{"sectionNumber":"sec.608","sectionType":"section","heading":"Additional criteria for registration as employee organisation","content":"### sec.608 Additional criteria for registration as employee organisation\n\nIf the application is for registration as an employee organisation, the commission must also be satisfied of the following—\nthe applicant is free from control by, or improper influence from—\nan employer; or\nan employer organisation; or\nanother entity that represents the interests of employers or has members who are employers;\neither—\nthere is no organisation to which the applicant’s members might belong; or\nthere is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\nthe applicant has at least 20 members who are employees;\nthe application was made—\nwithin 12 months after the applicant gained its 20th member who is an employee; or\nwithin 4 weeks after the applicant gained its 100th member who is an employee;\nthe applicant’s members who are not employees are—\nofficers of the applicant; or\nindependent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant;\nthe applicant is not the subject of an order made under section 483B ;\nthe applicant is free from control by, or improper influence from—\nan entity the subject of an order made under section 483B ; or\nan officer, member or employee of an entity mentioned in subparagraph (i) .\nDespite subsection (1) (c) , (d) or (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.\ns 608 amd 2022 No. 27 s 57\n(sec.608-ssec.1) If the application is for registration as an employee organisation, the commission must also be satisfied of the following— the applicant is free from control by, or improper influence from— an employer; or an employer organisation; or another entity that represents the interests of employers or has members who are employers; either— there is no organisation to which the applicant’s members might belong; or there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act; the applicant has at least 20 members who are employees; the application was made— within 12 months after the applicant gained its 20th member who is an employee; or within 4 weeks after the applicant gained its 100th member who is an employee; the applicant’s members who are not employees are— officers of the applicant; or independent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant; the applicant is not the subject of an order made under section 483B ; the applicant is free from control by, or improper influence from— an entity the subject of an order made under section 483B ; or an officer, member or employee of an entity mentioned in subparagraph (i) .\n(sec.608-ssec.2) Despite subsection (1) (c) , (d) or (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.\n- (a) the applicant is free from control by, or improper influence from— (i) an employer; or (ii) an employer organisation; or (iii) another entity that represents the interests of employers or has members who are employers;\n- (i) an employer; or\n- (ii) an employer organisation; or\n- (iii) another entity that represents the interests of employers or has members who are employers;\n- (b) either— (i) there is no organisation to which the applicant’s members might belong; or (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (i) there is no organisation to which the applicant’s members might belong; or\n- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (c) the applicant has at least 20 members who are employees;\n- (d) the application was made— (i) within 12 months after the applicant gained its 20th member who is an employee; or (ii) within 4 weeks after the applicant gained its 100th member who is an employee;\n- (i) within 12 months after the applicant gained its 20th member who is an employee; or\n- (ii) within 4 weeks after the applicant gained its 100th member who is an employee;\n- (e) the applicant’s members who are not employees are— (i) officers of the applicant; or (ii) independent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant;\n- (i) officers of the applicant; or\n- (ii) independent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant;\n- (f) the applicant is not the subject of an order made under section 483B ;\n- (g) the applicant is free from control by, or improper influence from— (i) an entity the subject of an order made under section 483B ; or (ii) an officer, member or employee of an entity mentioned in subparagraph (i) .\n- (i) an entity the subject of an order made under section 483B ; or\n- (ii) an officer, member or employee of an entity mentioned in subparagraph (i) .\n- (i) an employer; or\n- (ii) an employer organisation; or\n- (iii) another entity that represents the interests of employers or has members who are employers;\n- (i) there is no organisation to which the applicant’s members might belong; or\n- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (i) within 12 months after the applicant gained its 20th member who is an employee; or\n- (ii) within 4 weeks after the applicant gained its 100th member who is an employee;\n- (i) officers of the applicant; or\n- (ii) independent contractors who, if they were employees performing work of the kind that they usually perform as independent contractors, would be employees eligible for membership of the applicant;\n- (i) an entity the subject of an order made under section 483B ; or\n- (ii) an officer, member or employee of an entity mentioned in subparagraph (i) .","sortOrder":886},{"sectionNumber":"sec.609","sectionType":"section","heading":"Additional criteria for registration as employer organisation","content":"### sec.609 Additional criteria for registration as employer organisation\n\nIf the application is for registration as an employer organisation, the commission must also be satisfied of the following—\nthe applicant has employer members;\neither—\nthere is no organisation to which the applicant’s members might belong; or\nthere is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\nthe applicant effectively represents its employer members in a way that is consistent with the objects of this Act;\neach member of the applicant who is not an employer—\nis an officer of the applicant; or\nwas an employer on becoming a member; or\ncarries on a business;\nthe applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.\nDespite subsection (1) (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.\n(sec.609-ssec.1) If the application is for registration as an employer organisation, the commission must also be satisfied of the following— the applicant has employer members; either— there is no organisation to which the applicant’s members might belong; or there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act; the applicant effectively represents its employer members in a way that is consistent with the objects of this Act; each member of the applicant who is not an employer— is an officer of the applicant; or was an employer on becoming a member; or carries on a business; the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.\n(sec.609-ssec.2) Despite subsection (1) (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.\n- (a) the applicant has employer members;\n- (b) either— (i) there is no organisation to which the applicant’s members might belong; or (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (i) there is no organisation to which the applicant’s members might belong; or\n- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (c) the applicant effectively represents its employer members in a way that is consistent with the objects of this Act;\n- (d) each member of the applicant who is not an employer— (i) is an officer of the applicant; or (ii) was an employer on becoming a member; or (iii) carries on a business;\n- (i) is an officer of the applicant; or\n- (ii) was an employer on becoming a member; or\n- (iii) carries on a business;\n- (e) the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.\n- (i) there is no organisation to which the applicant’s members might belong; or\n- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;\n- (i) is an officer of the applicant; or\n- (ii) was an employer on becoming a member; or\n- (iii) carries on a business;","sortOrder":887},{"sectionNumber":"ch.12-pt.2-div.3","sectionType":"division","heading":"Grant of application","content":"## Grant of application","sortOrder":888},{"sectionNumber":"sec.610","sectionType":"section","heading":"Grant of application","content":"### sec.610 Grant of application\n\nIf the commission grants a registration application, the applicant immediately becomes an organisation.\nThe rules for which the application was granted take effect as the organisation’s rules.\nThe registrar must, as soon as practicable—\nenter the organisation’s name and the day it became an organisation in the register; and\ngive the organisation a certificate of registration in the approved form; and\nregister the applicant’s rules.\n(sec.610-ssec.1) If the commission grants a registration application, the applicant immediately becomes an organisation.\n(sec.610-ssec.2) The rules for which the application was granted take effect as the organisation’s rules.\n(sec.610-ssec.3) The registrar must, as soon as practicable— enter the organisation’s name and the day it became an organisation in the register; and give the organisation a certificate of registration in the approved form; and register the applicant’s rules.\n- (a) enter the organisation’s name and the day it became an organisation in the register; and\n- (b) give the organisation a certificate of registration in the approved form; and\n- (c) register the applicant’s rules.","sortOrder":889},{"sectionNumber":"sec.611","sectionType":"section","heading":"Incorporation on registration if not already incorporated","content":"### sec.611 Incorporation on registration if not already incorporated\n\nIf an organisation was not a corporation immediately before it became an organisation, on registration it—\nis incorporated under its registered name; and\nhas perpetual succession; and\nmay purchase, take on lease or hire, hold, sell, lease, let, mortgage, exchange, accept or dispose of by way of gift, own, possess, and otherwise deal with property; and\nmay have a common seal; and\nmay sue and be sued.\n- (a) is incorporated under its registered name; and\n- (b) has perpetual succession; and\n- (c) may purchase, take on lease or hire, hold, sell, lease, let, mortgage, exchange, accept or dispose of by way of gift, own, possess, and otherwise deal with property; and\n- (d) may have a common seal; and\n- (e) may sue and be sued.","sortOrder":890},{"sectionNumber":"ch.12-pt.2-div.4","sectionType":"division","heading":"Registered name and office","content":"## Registered name and office","sortOrder":891},{"sectionNumber":"sec.612","sectionType":"section","heading":"Registered name of organisation that is not a corporation","content":"### sec.612 Registered name of organisation that is not a corporation\n\nIf an organisation was not a corporation immediately before it became an organisation, its registered name must include the words—\nif the organisation is an employee organisation—‘industrial organisation of employees’ or ‘industrial union of employees’; or\nif the organisation is an employer organisation—‘industrial organisation of employers’ or ‘industrial union of employers’.\nThe name must state the locality in which most of the organisation’s members live or carry on their business or calling.\n(sec.612-ssec.1) If an organisation was not a corporation immediately before it became an organisation, its registered name must include the words— if the organisation is an employee organisation—‘industrial organisation of employees’ or ‘industrial union of employees’; or if the organisation is an employer organisation—‘industrial organisation of employers’ or ‘industrial union of employers’.\n(sec.612-ssec.2) The name must state the locality in which most of the organisation’s members live or carry on their business or calling.\n- (a) if the organisation is an employee organisation—‘industrial organisation of employees’ or ‘industrial union of employees’; or\n- (b) if the organisation is an employer organisation—‘industrial organisation of employers’ or ‘industrial union of employers’.","sortOrder":892},{"sectionNumber":"sec.613","sectionType":"section","heading":"Registered office","content":"### sec.613 Registered office\n\nAn organisation must have a registered office in the State to which all notices to it may be given.\nMaximum penalty—100 penalty units.\nThe organisation must give notice to the registrar of a change in the address of its registered office within 7 days after the change happens.\nMaximum penalty—100 penalty units.\n(sec.613-ssec.1) An organisation must have a registered office in the State to which all notices to it may be given. Maximum penalty—100 penalty units.\n(sec.613-ssec.2) The organisation must give notice to the registrar of a change in the address of its registered office within 7 days after the change happens. Maximum penalty—100 penalty units.","sortOrder":893},{"sectionNumber":"ch.12-pt.2-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":894},{"sectionNumber":"sec.614","sectionType":"section","heading":"Registrar’s functions for register and rules","content":"### sec.614 Registrar’s functions for register and rules\n\nThe registrar must keep—\na register of organisations; and\na copy of each organisation’s rules.\nThe rules are open to inspection by a person paying the fee stated in the rules of court.\n(sec.614-ssec.1) The registrar must keep— a register of organisations; and a copy of each organisation’s rules.\n(sec.614-ssec.2) The rules are open to inspection by a person paying the fee stated in the rules of court.\n- (a) a register of organisations; and\n- (b) a copy of each organisation’s rules.","sortOrder":895},{"sectionNumber":"sec.615","sectionType":"section","heading":"Change of callings","content":"### sec.615 Change of callings\n\nOn an application by an organisation made in the way prescribed by regulation, the commission may, by order, change its list of callings.\nIf the list of callings is changed under subsection (1) , the organisation’s list of callings is taken to be the changed list.\nIn this section—\nlist of callings means the list stating the callings that accompanied the organisation’s registration application.\n(sec.615-ssec.1) On an application by an organisation made in the way prescribed by regulation, the commission may, by order, change its list of callings.\n(sec.615-ssec.2) If the list of callings is changed under subsection (1) , the organisation’s list of callings is taken to be the changed list.\n(sec.615-ssec.3) In this section— list of callings means the list stating the callings that accompanied the organisation’s registration application.","sortOrder":896},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"General contents of rules","content":"# General contents of rules","sortOrder":897},{"sectionNumber":"ch.12-pt.3-div.1","sectionType":"division","heading":"Requirement to have rules","content":"## Requirement to have rules","sortOrder":898},{"sectionNumber":"sec.616","sectionType":"section","heading":"Organisation must have complying rules","content":"### sec.616 Organisation must have complying rules\n\nAn organisation must have rules about the matters required under this part and part 4 .\nThe organisation must give a copy of its rules to a person who asks for a copy and pays the amount prescribed by regulation.\n(sec.616-ssec.1) An organisation must have rules about the matters required under this part and part 4 .\n(sec.616-ssec.2) The organisation must give a copy of its rules to a person who asks for a copy and pays the amount prescribed by regulation.","sortOrder":899},{"sectionNumber":"ch.12-pt.3-div.2","sectionType":"division","heading":"General requirements for contents","content":"## General requirements for contents","sortOrder":900},{"sectionNumber":"sec.617","sectionType":"section","heading":"Requirements for all organisations","content":"### sec.617 Requirements for all organisations\n\nAn organisation’s rules must state the following—\nthe organisation’s objectives;\nthe organisation’s eligibility rules;\nhow and when—\na person may become a member of the organisation; or\na person may resign from membership of the organisation; or\na person’s membership of the organisation ends, other than by resignation;\nthe functions and powers of the organisation’s committees, branch committees, office holders and branch office holders;\nhow meetings of the organisation’s committees, branches and members may be called;\nhow the organisation’s committees are controlled by the members of the organisation;\nhow committees of the organisation’s branches are controlled by members of the branch;\nhow documents may be signed for the organisation;\nthat notice must be given by a stated authorised office holder to the commission of the existence or likelihood of industrial disputes, in the way required under section 261 ;\nhow the organisation’s property is controlled and its funds are invested;\nany conditions for spending the organisation’s funds;\nthat, unless exempted under part 12 , the organisation’s accounts must be audited yearly or in another more frequent period;\nthat, unless exempted under part 12 , the organisation must keep a members register, arranged according to branches if it has branches;\nhow the rules may be amended;\nthat applicants for membership of the organisation must be informed in writing of—\na member’s financial obligations; and\nhow and when a member may resign from membership.\nIn this section—\ncommittee , of an organisation or branch of an organisation, means—\nits management committee; or\nany other collective body of its members or officers, however described, that may do any of the following—\nmanage its affairs;\ndecide its policy;\nmake, amend or repeal its rules;\nenforce its rules.\n(sec.617-ssec.1) An organisation’s rules must state the following— the organisation’s objectives; the organisation’s eligibility rules; how and when— a person may become a member of the organisation; or a person may resign from membership of the organisation; or a person’s membership of the organisation ends, other than by resignation; the functions and powers of the organisation’s committees, branch committees, office holders and branch office holders; how meetings of the organisation’s committees, branches and members may be called; how the organisation’s committees are controlled by the members of the organisation; how committees of the organisation’s branches are controlled by members of the branch; how documents may be signed for the organisation; that notice must be given by a stated authorised office holder to the commission of the existence or likelihood of industrial disputes, in the way required under section 261 ; how the organisation’s property is controlled and its funds are invested; any conditions for spending the organisation’s funds; that, unless exempted under part 12 , the organisation’s accounts must be audited yearly or in another more frequent period; that, unless exempted under part 12 , the organisation must keep a members register, arranged according to branches if it has branches; how the rules may be amended; that applicants for membership of the organisation must be informed in writing of— a member’s financial obligations; and how and when a member may resign from membership.\n(sec.617-ssec.2) In this section— committee , of an organisation or branch of an organisation, means— its management committee; or any other collective body of its members or officers, however described, that may do any of the following— manage its affairs; decide its policy; make, amend or repeal its rules; enforce its rules.\n- (a) the organisation’s objectives;\n- (b) the organisation’s eligibility rules;\n- (c) how and when— (i) a person may become a member of the organisation; or (ii) a person may resign from membership of the organisation; or (iii) a person’s membership of the organisation ends, other than by resignation;\n- (i) a person may become a member of the organisation; or\n- (ii) a person may resign from membership of the organisation; or\n- (iii) a person’s membership of the organisation ends, other than by resignation;\n- (d) the functions and powers of the organisation’s committees, branch committees, office holders and branch office holders;\n- (e) how meetings of the organisation’s committees, branches and members may be called;\n- (f) how the organisation’s committees are controlled by the members of the organisation;\n- (g) how committees of the organisation’s branches are controlled by members of the branch;\n- (h) how documents may be signed for the organisation;\n- (i) that notice must be given by a stated authorised office holder to the commission of the existence or likelihood of industrial disputes, in the way required under section 261 ;\n- (j) how the organisation’s property is controlled and its funds are invested;\n- (k) any conditions for spending the organisation’s funds;\n- (l) that, unless exempted under part 12 , the organisation’s accounts must be audited yearly or in another more frequent period;\n- (m) that, unless exempted under part 12 , the organisation must keep a members register, arranged according to branches if it has branches;\n- (n) how the rules may be amended;\n- (o) that applicants for membership of the organisation must be informed in writing of— (i) a member’s financial obligations; and (ii) how and when a member may resign from membership.\n- (i) a member’s financial obligations; and\n- (ii) how and when a member may resign from membership.\n- (i) a person may become a member of the organisation; or\n- (ii) a person may resign from membership of the organisation; or\n- (iii) a person’s membership of the organisation ends, other than by resignation;\n- (i) a member’s financial obligations; and\n- (ii) how and when a member may resign from membership.\n- (a) its management committee; or\n- (b) any other collective body of its members or officers, however described, that may do any of the following— (i) manage its affairs; (ii) decide its policy; (iii) make, amend or repeal its rules; (iv) enforce its rules.\n- (i) manage its affairs;\n- (ii) decide its policy;\n- (iii) make, amend or repeal its rules;\n- (iv) enforce its rules.\n- (i) manage its affairs;\n- (ii) decide its policy;\n- (iii) make, amend or repeal its rules;\n- (iv) enforce its rules.","sortOrder":901},{"sectionNumber":"sec.618","sectionType":"section","heading":"Additional requirements for organisation that is not a corporation","content":"### sec.618 Additional requirements for organisation that is not a corporation\n\nIf an organisation is not a corporation, its rules must also state—\nthat an elected officer of the organisation may be removed from office only on the ground that the officer has ceased to be eligible to hold the office or has been found guilty under the rules of—\nmisappropriation of the organisation’s property; or\na substantial contravention of the rules; or\ngross misbehaviour or gross neglect of duty in the office; and\nthe procedure for removing an elected officer.\n- (a) that an elected officer of the organisation may be removed from office only on the ground that the officer has ceased to be eligible to hold the office or has been found guilty under the rules of— (i) misappropriation of the organisation’s property; or (ii) a substantial contravention of the rules; or (iii) gross misbehaviour or gross neglect of duty in the office; and\n- (i) misappropriation of the organisation’s property; or\n- (ii) a substantial contravention of the rules; or\n- (iii) gross misbehaviour or gross neglect of duty in the office; and\n- (b) the procedure for removing an elected officer.\n- (i) misappropriation of the organisation’s property; or\n- (ii) a substantial contravention of the rules; or\n- (iii) gross misbehaviour or gross neglect of duty in the office; and","sortOrder":902},{"sectionNumber":"sec.619","sectionType":"section","heading":"Rules must give conditions for loans, grants and donations","content":"### sec.619 Rules must give conditions for loans, grants and donations\n\nAn organisation’s rules must state that the organisation or a branch of the organisation must not make donations, grants or loans totalling more than $1,000 (the payment ) to the same person unless the management committee of the organisation or branch—\nhas approved the payment; and\nis satisfied the payment is not otherwise prohibited under the organisation’s rules; and\nif the payment is a loan—it is made on satisfactory terms.\nDespite subsection (1) , the rules may allow the organisation or a branch of the organisation to make a financial hardship payment of not more than $3,000 if it is made on condition that, if the organisation’s management committee at its next meeting does not approve the payment, it must be repaid as decided by the committee.\nIn deciding whether to approve the payment, the management committee of the organisation or branch of the organisation must consider whether it was made under the rules and on satisfactory terms.\nFor this section, a loan is made on satisfactory terms if the management committee of the organisation or branch is satisfied—\nthe security to be provided for the loan is sufficient; and\nthe proposed arrangements to repay the loan are satisfactory.\n(sec.619-ssec.1) An organisation’s rules must state that the organisation or a branch of the organisation must not make donations, grants or loans totalling more than $1,000 (the payment ) to the same person unless the management committee of the organisation or branch— has approved the payment; and is satisfied the payment is not otherwise prohibited under the organisation’s rules; and if the payment is a loan—it is made on satisfactory terms.\n(sec.619-ssec.2) Despite subsection (1) , the rules may allow the organisation or a branch of the organisation to make a financial hardship payment of not more than $3,000 if it is made on condition that, if the organisation’s management committee at its next meeting does not approve the payment, it must be repaid as decided by the committee.\n(sec.619-ssec.3) In deciding whether to approve the payment, the management committee of the organisation or branch of the organisation must consider whether it was made under the rules and on satisfactory terms.\n(sec.619-ssec.4) For this section, a loan is made on satisfactory terms if the management committee of the organisation or branch is satisfied— the security to be provided for the loan is sufficient; and the proposed arrangements to repay the loan are satisfactory.\n- (a) has approved the payment; and\n- (b) is satisfied the payment is not otherwise prohibited under the organisation’s rules; and\n- (c) if the payment is a loan—it is made on satisfactory terms.\n- (a) the security to be provided for the loan is sufficient; and\n- (b) the proposed arrangements to repay the loan are satisfactory.","sortOrder":903},{"sectionNumber":"ch.12-pt.3-div.3","sectionType":"division","heading":"Permitted contents","content":"## Permitted contents","sortOrder":904},{"sectionNumber":"sec.620","sectionType":"section","heading":"Permitted contents—general","content":"### sec.620 Permitted contents—general\n\nAn organisation’s rules may—\nstate the industry for which the organisation is formed; and\nmake other provision that does not contravene this Act.\n- (a) state the industry for which the organisation is formed; and\n- (b) make other provision that does not contravene this Act.","sortOrder":905},{"sectionNumber":"sec.621","sectionType":"section","heading":"Filling casual vacancies","content":"### sec.621 Filling casual vacancies\n\nAn organisation’s rules may provide for filling a casual vacancy in an office for the organisation.\nHowever, the rules must not allow the filling of a casual vacancy other than by ordinary election, if the unexpired part of the term of the office for the organisation is longer than the greater of—\n1 year; or\nthree-quarters of the term of the office.\nIf a person fills a casual vacancy in an office for an organisation under this section, the person is taken to have been elected to the office.\nIn this section—\nterm , of the office, means the period for which the person last elected to the office by an ordinary election, other than by an ordinary election to fill a casual vacancy, may hold the office without being re-elected.\n(sec.621-ssec.1) An organisation’s rules may provide for filling a casual vacancy in an office for the organisation.\n(sec.621-ssec.2) However, the rules must not allow the filling of a casual vacancy other than by ordinary election, if the unexpired part of the term of the office for the organisation is longer than the greater of— 1 year; or three-quarters of the term of the office.\n(sec.621-ssec.3) If a person fills a casual vacancy in an office for an organisation under this section, the person is taken to have been elected to the office.\n(sec.621-ssec.4) In this section— term , of the office, means the period for which the person last elected to the office by an ordinary election, other than by an ordinary election to fill a casual vacancy, may hold the office without being re-elected.\n- (a) 1 year; or\n- (b) three-quarters of the term of the office.","sortOrder":906},{"sectionNumber":"sec.622","sectionType":"section","heading":"Mortality benefit fund","content":"### sec.622 Mortality benefit fund\n\nAn organisation’s rules may provide for an amount to be paid on the death of a member of the organisation to an eligible nominee of the member nominated by the member.\nDespite the rules, the member may, by giving notice to the organisation, cancel the nomination or change the nominee to another eligible nominee.\nIn this section—\neligible nominee , of the member, means—\nany person, other than a person mentioned in paragraph (b) or (c) , who is not an officer or employee of the organisation; or\na spouse of the member; or\na child, grandchild, grandparent, nephew, niece, parent or sibling of the member.\n(sec.622-ssec.1) An organisation’s rules may provide for an amount to be paid on the death of a member of the organisation to an eligible nominee of the member nominated by the member.\n(sec.622-ssec.2) Despite the rules, the member may, by giving notice to the organisation, cancel the nomination or change the nominee to another eligible nominee.\n(sec.622-ssec.3) In this section— eligible nominee , of the member, means— any person, other than a person mentioned in paragraph (b) or (c) , who is not an officer or employee of the organisation; or a spouse of the member; or a child, grandchild, grandparent, nephew, niece, parent or sibling of the member.\n- (a) any person, other than a person mentioned in paragraph (b) or (c) , who is not an officer or employee of the organisation; or\n- (b) a spouse of the member; or\n- (c) a child, grandchild, grandparent, nephew, niece, parent or sibling of the member.","sortOrder":907},{"sectionNumber":"ch.12-pt.3-div.4","sectionType":"division","heading":"Restrictions on contents","content":"## Restrictions on contents","sortOrder":908},{"sectionNumber":"sec.623","sectionType":"section","heading":"General restrictions","content":"### sec.623 General restrictions\n\nAn organisation’s rules must not—\ncontravene this Act, another law or an industrial instrument; or\nprevent members of the organisation from—\ncomplying with this Act or another law, an industrial instrument or decision; or\nentering into a written agreement under an industrial instrument or decision; or\nimpose on the organisation’s members, or applicants for membership, conditions, obligations or restrictions that are oppressive, unreasonable or unjust.\nAn eligibility rule does not contravene subsection (1) (c) only because it requires reasonable minimum standards for the conduct of the businesses or callings of the organisation’s members or applicants for membership.\n(sec.623-ssec.1) An organisation’s rules must not— contravene this Act, another law or an industrial instrument; or prevent members of the organisation from— complying with this Act or another law, an industrial instrument or decision; or entering into a written agreement under an industrial instrument or decision; or impose on the organisation’s members, or applicants for membership, conditions, obligations or restrictions that are oppressive, unreasonable or unjust.\n(sec.623-ssec.2) An eligibility rule does not contravene subsection (1) (c) only because it requires reasonable minimum standards for the conduct of the businesses or callings of the organisation’s members or applicants for membership.\n- (a) contravene this Act, another law or an industrial instrument; or\n- (b) prevent members of the organisation from— (i) complying with this Act or another law, an industrial instrument or decision; or (ii) entering into a written agreement under an industrial instrument or decision; or\n- (i) complying with this Act or another law, an industrial instrument or decision; or\n- (ii) entering into a written agreement under an industrial instrument or decision; or\n- (c) impose on the organisation’s members, or applicants for membership, conditions, obligations or restrictions that are oppressive, unreasonable or unjust.\n- (i) complying with this Act or another law, an industrial instrument or decision; or\n- (ii) entering into a written agreement under an industrial instrument or decision; or","sortOrder":909},{"sectionNumber":"sec.624","sectionType":"section","heading":"Maximum office term for organisation that is not a corporation","content":"### sec.624 Maximum office term for organisation that is not a corporation\n\nIf an organisation is not a corporation, its rules must not allow an officer of the organisation to hold the office for more than 4 years (the maximum term ) without re-election.\nHowever, the rules may extend the maximum term for a period of not more than 1 year to synchronise elections for other offices for the organisation.\nThis section applies to an organisation if it is incorporated only because of section 611 . See section 596 (2) .\n(sec.624-ssec.1) If an organisation is not a corporation, its rules must not allow an officer of the organisation to hold the office for more than 4 years (the maximum term ) without re-election.\n(sec.624-ssec.2) However, the rules may extend the maximum term for a period of not more than 1 year to synchronise elections for other offices for the organisation. This section applies to an organisation if it is incorporated only because of section 611 . See section 596 (2) .","sortOrder":910},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Election rules","content":"# Election rules","sortOrder":911},{"sectionNumber":"ch.12-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":912},{"sectionNumber":"sec.625","sectionType":"section","heading":"Part does not apply to corporations","content":"### sec.625 Part does not apply to corporations\n\nThis part does not apply to a corporation.\nThis part applies to an organisation if it is incorporated only because of section 611 . See section 596 (2) .","sortOrder":913},{"sectionNumber":"sec.626","sectionType":"section","heading":"Meaning of collegiate electoral system for part","content":"### sec.626 Meaning of collegiate electoral system for part\n\nIn this part, a collegiate electoral system means a system for the election of an organisation’s officers under which—\npersons are elected to a number of offices for the organisation by a direct voting system; and\nat a subsequent stage or stages, persons are elected to offices for the organisation by an electoral college consisting of the persons elected at the last preceding stage.\n- (a) persons are elected to a number of offices for the organisation by a direct voting system; and\n- (b) at a subsequent stage or stages, persons are elected to offices for the organisation by an electoral college consisting of the persons elected at the last preceding stage.","sortOrder":914},{"sectionNumber":"sec.627","sectionType":"section","heading":"Meaning of direct voting system for part","content":"### sec.627 Meaning of direct voting system for part\n\nIn this part, a direct voting system , for an office for an organisation or a branch of an organisation, means an electoral system in which, subject to provisions in the organisation’s rules about voting enrolment—\nfor an office for the organisation—all eligible members of an organisation may vote for candidates for election to the office; or\nfor an office for a branch of the organisation—all eligible members of the branch may vote for candidates for election to the office.\nIn this section—\neligible member means a member mentioned in section 633 (c) .\n(sec.627-ssec.1) In this part, a direct voting system , for an office for an organisation or a branch of an organisation, means an electoral system in which, subject to provisions in the organisation’s rules about voting enrolment— for an office for the organisation—all eligible members of an organisation may vote for candidates for election to the office; or for an office for a branch of the organisation—all eligible members of the branch may vote for candidates for election to the office.\n(sec.627-ssec.2) In this section— eligible member means a member mentioned in section 633 (c) .\n- (a) for an office for the organisation—all eligible members of an organisation may vote for candidates for election to the office; or\n- (b) for an office for a branch of the organisation—all eligible members of the branch may vote for candidates for election to the office.","sortOrder":915},{"sectionNumber":"ch.12-pt.4-div.2","sectionType":"division","heading":"General requirements","content":"## General requirements","sortOrder":916},{"sectionNumber":"sec.628","sectionType":"section","heading":"General requirement of transparency","content":"### sec.628 General requirement of transparency\n\nAn organisation’s rules about elections must, as far as practicable, ensure—\nthe processes under which the organisation’s elections are conducted are transparent; and\nno irregularities can happen in an election for the organisation or a branch of the organisation.\n- (a) the processes under which the organisation’s elections are conducted are transparent; and\n- (b) no irregularities can happen in an election for the organisation or a branch of the organisation.","sortOrder":917},{"sectionNumber":"sec.629","sectionType":"section","heading":"Rules must provide for elections","content":"### sec.629 Rules must provide for elections\n\nAn organisation’s rules must provide for elections for all elected offices for the organisation or a branch of the organisation.","sortOrder":918},{"sectionNumber":"sec.630","sectionType":"section","heading":"Direct voting or collegiate electoral system must be used","content":"### sec.630 Direct voting or collegiate electoral system must be used\n\nAn organisation’s rules must provide for the election of its elected officers by a direct voting system or a collegiate electoral system.","sortOrder":919},{"sectionNumber":"ch.12-pt.4-div.3","sectionType":"division","heading":"Direct voting systems","content":"## Direct voting systems","sortOrder":920},{"sectionNumber":"sec.631","sectionType":"section","heading":"Application of division","content":"### sec.631 Application of division\n\nThis division applies if an organisation’s rules provide for the election of elected officers by a direct voting system.","sortOrder":921},{"sectionNumber":"sec.632","sectionType":"section","heading":"General requirements for direct voting system","content":"### sec.632 General requirements for direct voting system\n\nThe organisation’s rules must state the following—\nwho may nominate as a candidate for election;\nhow a person may nominate and become a candidate;\nthe times for nominations to open and to close;\nthat nominations must be called in a stated way that is reasonably likely to notify the organisation’s members—\nthat nominations have been called; and\nof how to nominate;\nthat if a nomination for election for an office for the organisation is rejected as defective, other than because the person is not qualified to hold the office or because the nomination was made after the closing time—\nthe nominee must be notified of the defect; and\nif practicable, the nominee must be given an opportunity to remedy the defect;\nthat a candidate must be declared elected if the number of candidates for election is not more than the number of officers to be elected for the organisation;\nthat, if at the closing time there are more candidates for election than the number of officers to be elected for the organisation, a ballot must be conducted to decide the election.\n- (a) who may nominate as a candidate for election;\n- (b) how a person may nominate and become a candidate;\n- (c) the times for nominations to open and to close;\n- (d) that nominations must be called in a stated way that is reasonably likely to notify the organisation’s members— (i) that nominations have been called; and (ii) of how to nominate;\n- (i) that nominations have been called; and\n- (ii) of how to nominate;\n- (e) that if a nomination for election for an office for the organisation is rejected as defective, other than because the person is not qualified to hold the office or because the nomination was made after the closing time— (i) the nominee must be notified of the defect; and (ii) if practicable, the nominee must be given an opportunity to remedy the defect;\n- (i) the nominee must be notified of the defect; and\n- (ii) if practicable, the nominee must be given an opportunity to remedy the defect;\n- (f) that a candidate must be declared elected if the number of candidates for election is not more than the number of officers to be elected for the organisation;\n- (g) that, if at the closing time there are more candidates for election than the number of officers to be elected for the organisation, a ballot must be conducted to decide the election.\n- (i) that nominations have been called; and\n- (ii) of how to nominate;\n- (i) the nominee must be notified of the defect; and\n- (ii) if practicable, the nominee must be given an opportunity to remedy the defect;","sortOrder":922},{"sectionNumber":"sec.633","sectionType":"section","heading":"Required contents—ballots","content":"### sec.633 Required contents—ballots\n\nThe organisation’s rules must also state the following—\nthat a ballot to decide an election must be a secret postal ballot or another type of secret ballot approved by the registrar under subdivision 3 ;\nhow the ballot is to be conducted;\nthat a person ( eligible member ) may vote in the ballot only if the person was a financial member of the organisation on a stated day during the period—\nstarting no earlier than 60 days before the opening time for nominations; and\nending no later than 30 days before the opening time;\nthat the person conducting the ballot must, when nominations for the election close, prepare a list or roll of the eligible members;\nthe appointment, conduct and functions of scrutineers to represent the candidates in the ballot;\nthat an eligible member may cast an absentee vote and how the member may cast the vote;\nthe method of voting and deciding the result of the ballot, by either a first-past-the-post system or a preferential system;\nthat a candidate or a member of the organisation has the right, up to 30 days after the declaration of the result of the election, free of charge—\nto inspect the list or roll of persons who may vote in the ballot at the organisation’s registered office when it is open for business; and\nto be given a copy of the whole or a requested part of the list or roll.\n- (a) that a ballot to decide an election must be a secret postal ballot or another type of secret ballot approved by the registrar under subdivision 3 ;\n- (b) how the ballot is to be conducted;\n- (c) that a person ( eligible member ) may vote in the ballot only if the person was a financial member of the organisation on a stated day during the period— (i) starting no earlier than 60 days before the opening time for nominations; and (ii) ending no later than 30 days before the opening time;\n- (i) starting no earlier than 60 days before the opening time for nominations; and\n- (ii) ending no later than 30 days before the opening time;\n- (d) that the person conducting the ballot must, when nominations for the election close, prepare a list or roll of the eligible members;\n- (e) the appointment, conduct and functions of scrutineers to represent the candidates in the ballot;\n- (f) that an eligible member may cast an absentee vote and how the member may cast the vote;\n- (g) the method of voting and deciding the result of the ballot, by either a first-past-the-post system or a preferential system;\n- (h) that a candidate or a member of the organisation has the right, up to 30 days after the declaration of the result of the election, free of charge— (i) to inspect the list or roll of persons who may vote in the ballot at the organisation’s registered office when it is open for business; and (ii) to be given a copy of the whole or a requested part of the list or roll.\n- (i) to inspect the list or roll of persons who may vote in the ballot at the organisation’s registered office when it is open for business; and\n- (ii) to be given a copy of the whole or a requested part of the list or roll.\n- (i) starting no earlier than 60 days before the opening time for nominations; and\n- (ii) ending no later than 30 days before the opening time;\n- (i) to inspect the list or roll of persons who may vote in the ballot at the organisation’s registered office when it is open for business; and\n- (ii) to be given a copy of the whole or a requested part of the list or roll.","sortOrder":923},{"sectionNumber":"sec.634","sectionType":"section","heading":"Compulsory voting permitted","content":"### sec.634 Compulsory voting permitted\n\nThe organisation’s rules may require compulsory voting in a ballot required for an election.","sortOrder":924},{"sectionNumber":"sec.635","sectionType":"section","heading":"Approval application","content":"### sec.635 Approval application\n\nAn organisation may apply to the registrar for approval for ballots to decide elections for its elected officers not to be postal ballots.\nThe application must include particulars of proposed amendments to the organisation’s rules that provide for secret ballots that are not postal ballots.\n(sec.635-ssec.1) An organisation may apply to the registrar for approval for ballots to decide elections for its elected officers not to be postal ballots.\n(sec.635-ssec.2) The application must include particulars of proposed amendments to the organisation’s rules that provide for secret ballots that are not postal ballots.","sortOrder":925},{"sectionNumber":"sec.636","sectionType":"section","heading":"Consideration of application","content":"### sec.636 Consideration of application\n\nThe registrar may grant the approval only if satisfied—\nthe proposed amendments—\nare not contrary to this Act or to another law; and\nhave been made under the organisation’s rules; and\na ballot under the proposed amendments—\nis likely to have a higher participation by the organisation’s members than a postal ballot; and\nwill give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (a) the proposed amendments— (i) are not contrary to this Act or to another law; and (ii) have been made under the organisation’s rules; and\n- (i) are not contrary to this Act or to another law; and\n- (ii) have been made under the organisation’s rules; and\n- (b) a ballot under the proposed amendments— (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and\n- (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (i) are not contrary to this Act or to another law; and\n- (ii) have been made under the organisation’s rules; and\n- (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and\n- (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.","sortOrder":926},{"sectionNumber":"sec.637","sectionType":"section","heading":"Grant of approval","content":"### sec.637 Grant of approval\n\nIf the registrar grants the approval, the proposed amendments take effect from—\nthe day the registrar gives the organisation notice of the approval; or\na later day stated in the notice.\n- (a) the day the registrar gives the organisation notice of the approval; or\n- (b) a later day stated in the notice.","sortOrder":927},{"sectionNumber":"sec.638","sectionType":"section","heading":"Cancellation of approval","content":"### sec.638 Cancellation of approval\n\nThe registrar may cancel the approval only if—\nthe organisation applies for the cancellation; or\nthe registrar is no longer satisfied a ballot under the organisation’s rules—\nis likely to have a higher participation by the organisation’s members than a postal ballot; and\nwill give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (a) the organisation applies for the cancellation; or\n- (b) the registrar is no longer satisfied a ballot under the organisation’s rules— (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and\n- (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.\n- (i) is likely to have a higher participation by the organisation’s members than a postal ballot; and\n- (ii) will give members who are eligible to vote an adequate opportunity of voting without intimidation.","sortOrder":928},{"sectionNumber":"ch.12-pt.4-div.4","sectionType":"division","heading":"Collegiate electoral systems","content":"## Collegiate electoral systems","sortOrder":929},{"sectionNumber":"sec.639","sectionType":"section","heading":"Application of division","content":"### sec.639 Application of division\n\nThis division applies if an organisation’s rules provide for the election of elected officers by a collegiate electoral system.","sortOrder":930},{"sectionNumber":"sec.640","sectionType":"section","heading":"Restriction on persons who may be elected by electoral college","content":"### sec.640 Restriction on persons who may be elected by electoral college\n\nAt least 80% of the persons elected by an electoral college must be elected at the stage in the collegiate electoral system that immediately preceded the stage for which the electoral college is formed.","sortOrder":931},{"sectionNumber":"sec.641","sectionType":"section","heading":"Requirements for second or subsequent stage","content":"### sec.641 Requirements for second or subsequent stage\n\nThe organisation’s rules must state the following for an election at the second or a subsequent stage of a collegiate electoral system—\nwho may nominate as a candidate for election;\nhow a person may nominate and become a candidate;\nthat a candidate must be declared elected if the number of candidates for election is not more than the number of officers to be elected for the organisation;\nthat, if there are more candidates than the number of officers to be elected for the organisation, a secret ballot must be conducted to decide the election;\nthat if a ballot must be conducted—\nhow the ballot must be conducted; and\nthe methods of voting and deciding the result of the ballot; and\nthat a person who may vote in the ballot (a voter ) may vote by an absentee or proxy vote; and\nhow a voter may vote by an absentee or proxy vote; and\nthat scrutineers may be appointed for candidates for election; and\nthe functions of scrutineers.\n- (a) who may nominate as a candidate for election;\n- (b) how a person may nominate and become a candidate;\n- (c) that a candidate must be declared elected if the number of candidates for election is not more than the number of officers to be elected for the organisation;\n- (d) that, if there are more candidates than the number of officers to be elected for the organisation, a secret ballot must be conducted to decide the election;\n- (e) that if a ballot must be conducted— (i) how the ballot must be conducted; and (ii) the methods of voting and deciding the result of the ballot; and (iii) that a person who may vote in the ballot (a voter ) may vote by an absentee or proxy vote; and (iv) how a voter may vote by an absentee or proxy vote; and (v) that scrutineers may be appointed for candidates for election; and (vi) the functions of scrutineers.\n- (i) how the ballot must be conducted; and\n- (ii) the methods of voting and deciding the result of the ballot; and\n- (iii) that a person who may vote in the ballot (a voter ) may vote by an absentee or proxy vote; and\n- (iv) how a voter may vote by an absentee or proxy vote; and\n- (v) that scrutineers may be appointed for candidates for election; and\n- (vi) the functions of scrutineers.\n- (i) how the ballot must be conducted; and\n- (ii) the methods of voting and deciding the result of the ballot; and\n- (iii) that a person who may vote in the ballot (a voter ) may vote by an absentee or proxy vote; and\n- (iv) how a voter may vote by an absentee or proxy vote; and\n- (v) that scrutineers may be appointed for candidates for election; and\n- (vi) the functions of scrutineers.","sortOrder":932},{"sectionNumber":"ch.12-pt.4-div.5","sectionType":"division","heading":"Model election rules","content":"## Model election rules","sortOrder":933},{"sectionNumber":"sec.642","sectionType":"section","heading":"Model election rules","content":"### sec.642 Model election rules\n\nA regulation may make model election rules under this division for organisations.","sortOrder":934},{"sectionNumber":"sec.643","sectionType":"section","heading":"Model election rules may be adopted","content":"### sec.643 Model election rules may be adopted\n\nAn organisation may, by a resolution under its rules, adopt all or part of the model election rules, with or without change.","sortOrder":935},{"sectionNumber":"sec.644","sectionType":"section","heading":"Adoption without change","content":"### sec.644 Adoption without change\n\nIf an organisation resolves to adopt all the model election rules without change, its secretary may give the registrar notice of the resolution.\nThe registrar must register the model election rules as an amendment of the organisation’s rules.\nThe amendment takes effect when it is registered.\n(sec.644-ssec.1) If an organisation resolves to adopt all the model election rules without change, its secretary may give the registrar notice of the resolution.\n(sec.644-ssec.2) The registrar must register the model election rules as an amendment of the organisation’s rules.\n(sec.644-ssec.3) The amendment takes effect when it is registered.","sortOrder":936},{"sectionNumber":"sec.645","sectionType":"section","heading":"Effect of adoption without change","content":"### sec.645 Effect of adoption without change\n\nIf an organisation adopts the model election rules without change, its rules are taken to comply with this part.","sortOrder":937},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Validity and compliance with rules","content":"# Validity and compliance with rules","sortOrder":938},{"sectionNumber":"sec.646","sectionType":"section","heading":"Powers of commission","content":"### sec.646 Powers of commission\n\nThe commission may, on application (a rules application )—\ndecide whether an organisation’s rules comply with section 623 ; or\ndirect a person obliged to give effect to or comply with an organisation’s rules to give effect to or comply with the rules.\nHowever, a direction must not be made if it invalidates—\nan election or purported election; or\na step for an election or purported election.\nIn deciding the rules application, the commission may declare—\nthe whole, or a part of, the rules comply with or contravene section 623 ; or\nthe rules contravene section 623 in a stated way.\n(sec.646-ssec.1) The commission may, on application (a rules application )— decide whether an organisation’s rules comply with section 623 ; or direct a person obliged to give effect to or comply with an organisation’s rules to give effect to or comply with the rules.\n(sec.646-ssec.2) However, a direction must not be made if it invalidates— an election or purported election; or a step for an election or purported election.\n(sec.646-ssec.3) In deciding the rules application, the commission may declare— the whole, or a part of, the rules comply with or contravene section 623 ; or the rules contravene section 623 in a stated way.\n- (a) decide whether an organisation’s rules comply with section 623 ; or\n- (b) direct a person obliged to give effect to or comply with an organisation’s rules to give effect to or comply with the rules.\n- (a) an election or purported election; or\n- (b) a step for an election or purported election.\n- (a) the whole, or a part of, the rules comply with or contravene section 623 ; or\n- (b) the rules contravene section 623 in a stated way.","sortOrder":939},{"sectionNumber":"sec.647","sectionType":"section","heading":"Who may apply","content":"### sec.647 Who may apply\n\nA rules application may be made only by a member of the organisation or another person prescribed by regulation.","sortOrder":940},{"sectionNumber":"sec.648","sectionType":"section","heading":"Financial help for rules application","content":"### sec.648 Financial help for rules application\n\nA member of an organisation may apply to the Minister for financial help if the member—\nhas made, or proposes to make, a rules application under this part; and\napplies within 3 months after the rules application has been decided.\nThe Minister may direct that financial help from the State be given to the member for the cost of the rules application if satisfied—\nthere are, or were, reasonable grounds for making the application; and\nthe application is proposed to be, or was, made in good faith.\nThe Minister must decide the amount of the financial help.\n(sec.648-ssec.1) A member of an organisation may apply to the Minister for financial help if the member— has made, or proposes to make, a rules application under this part; and applies within 3 months after the rules application has been decided.\n(sec.648-ssec.2) The Minister may direct that financial help from the State be given to the member for the cost of the rules application if satisfied— there are, or were, reasonable grounds for making the application; and the application is proposed to be, or was, made in good faith.\n(sec.648-ssec.3) The Minister must decide the amount of the financial help.\n- (a) has made, or proposes to make, a rules application under this part; and\n- (b) applies within 3 months after the rules application has been decided.\n- (a) there are, or were, reasonable grounds for making the application; and\n- (b) the application is proposed to be, or was, made in good faith.","sortOrder":941},{"sectionNumber":"sec.649","sectionType":"section","heading":"Applicant must take reasonable steps to resolve the matter within the organisation","content":"### sec.649 Applicant must take reasonable steps to resolve the matter within the organisation\n\nThe commission may refuse to hear an application for directions in relation to a rules application until satisfied the applicant has taken all reasonable steps to resolve the matter within the organisation.","sortOrder":942},{"sectionNumber":"sec.650","sectionType":"section","heading":"Interim orders","content":"### sec.650 Interim orders\n\nThe commission may make an interim order in relation to a rules application if it considers appropriate to do so.\nIf the rules application is for a direction, the commission may make an order to help resolve the matter within the organisation.\nAn interim order ends—\nwhen the proceedings end; or\nat an earlier time stated in the order; or\nif the order is discharged by the commission.\n(sec.650-ssec.1) The commission may make an interim order in relation to a rules application if it considers appropriate to do so. If the rules application is for a direction, the commission may make an order to help resolve the matter within the organisation.\n(sec.650-ssec.2) An interim order ends— when the proceedings end; or at an earlier time stated in the order; or if the order is discharged by the commission.\n- (a) when the proceedings end; or\n- (b) at an earlier time stated in the order; or\n- (c) if the order is discharged by the commission.","sortOrder":943},{"sectionNumber":"sec.651","sectionType":"section","heading":"Hearing application","content":"### sec.651 Hearing application\n\nThe commission may adjourn the hearing for a rules application for a stated period on conditions it considers appropriate to give the organisation an opportunity to amend its rules.","sortOrder":944},{"sectionNumber":"sec.652","sectionType":"section","heading":"Effect of declaration","content":"### sec.652 Effect of declaration\n\nIf the commission declares the whole or a part of a rule contravenes section 623 , the rule or the part of the rule, is void from the making of the declaration.","sortOrder":945},{"sectionNumber":"sec.653","sectionType":"section","heading":"Direction must be complied with","content":"### sec.653 Direction must be complied with\n\nIf the commission directs a person to give effect to or comply with an organisation’s rules, the person must comply with the direction unless the person has a reasonable excuse for not complying with the direction.\nMaximum penalty—100 penalty units.","sortOrder":946},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Amendment of rules","content":"# Amendment of rules","sortOrder":947},{"sectionNumber":"ch.12-pt.6-div.1","sectionType":"division","heading":"Amendments by commission or registrar","content":"## Amendments by commission or registrar","sortOrder":948},{"sectionNumber":"sec.654","sectionType":"section","heading":"Breach of demarcation dispute undertaking","content":"### sec.654 Breach of demarcation dispute undertaking\n\nThis section applies if an organisation has given a demarcation dispute undertaking to the commission and the organisation has breached the undertaking.\nThe commission may amend the organisation’s rules in a way it considers necessary to remove an overlap between the organisation’s eligibility rules and another organisation’s eligibility rules.\n(sec.654-ssec.1) This section applies if an organisation has given a demarcation dispute undertaking to the commission and the organisation has breached the undertaking.\n(sec.654-ssec.2) The commission may amend the organisation’s rules in a way it considers necessary to remove an overlap between the organisation’s eligibility rules and another organisation’s eligibility rules.","sortOrder":949},{"sectionNumber":"sec.655","sectionType":"section","heading":"When registrar may amend rules","content":"### sec.655 When registrar may amend rules\n\nThe registrar may amend an organisation’s rules as follows—\non the registrar’s own initiative, if the registrar considers the rules do not comply with section 623 ;\nif, under section 638 , the registrar has cancelled an approval under section 637 and the amendment is to provide that, if a ballot is necessary for an election for an office for the organisation, it must be a secret postal ballot;\nto omit a provision declared, under section 646 (3) (a) , to be in contravention of section 623 ;\nto amend a provision declared, under section 646 (3) (b) , to contravene section 623 in a stated way so that the provision no longer contravenes section 623 in the stated way;\nto give effect to an order under section 696 (2) (b) or 723 (e) ;\nto correct a formal or clerical error.\n- (a) on the registrar’s own initiative, if the registrar considers the rules do not comply with section 623 ;\n- (b) if, under section 638 , the registrar has cancelled an approval under section 637 and the amendment is to provide that, if a ballot is necessary for an election for an office for the organisation, it must be a secret postal ballot;\n- (c) to omit a provision declared, under section 646 (3) (a) , to be in contravention of section 623 ;\n- (d) to amend a provision declared, under section 646 (3) (b) , to contravene section 623 in a stated way so that the provision no longer contravenes section 623 in the stated way;\n- (e) to give effect to an order under section 696 (2) (b) or 723 (e) ;\n- (f) to correct a formal or clerical error.","sortOrder":950},{"sectionNumber":"sec.656","sectionType":"section","heading":"Amendment to cure noncompliance if rule declared void","content":"### sec.656 Amendment to cure noncompliance if rule declared void\n\nThis section applies if—\nthe court declares the whole or a part of a rule of an organisation contravenes section 623 or contravenes section 623 in a stated way; and\nthe organisation’s rules have not been amended so as to comply with section 623 within 3 months after the declaration is made.\nThe appropriate entity may amend the rules to comply with section 623 for the matters that gave rise to the declaration.\nIn this section—\nappropriate entity means—\nfor eligibility rules of an organisation—the commission; or\nfor other rules of an organisation—the registrar.\n(sec.656-ssec.1) This section applies if— the court declares the whole or a part of a rule of an organisation contravenes section 623 or contravenes section 623 in a stated way; and the organisation’s rules have not been amended so as to comply with section 623 within 3 months after the declaration is made.\n(sec.656-ssec.2) The appropriate entity may amend the rules to comply with section 623 for the matters that gave rise to the declaration.\n(sec.656-ssec.3) In this section— appropriate entity means— for eligibility rules of an organisation—the commission; or for other rules of an organisation—the registrar.\n- (a) the court declares the whole or a part of a rule of an organisation contravenes section 623 or contravenes section 623 in a stated way; and\n- (b) the organisation’s rules have not been amended so as to comply with section 623 within 3 months after the declaration is made.\n- (a) for eligibility rules of an organisation—the commission; or\n- (b) for other rules of an organisation—the registrar.","sortOrder":951},{"sectionNumber":"sec.657","sectionType":"section","heading":"How amendment must be made","content":"### sec.657 How amendment must be made\n\nAn amendment under this division may only be made by an order, direction or written decision ( instrument ).\nThe amendment takes effect from the date of the instrument.\nThe registrar must give the organisation a copy of the instrument as soon as practicable after the instrument is made.\n(sec.657-ssec.1) An amendment under this division may only be made by an order, direction or written decision ( instrument ).\n(sec.657-ssec.2) The amendment takes effect from the date of the instrument.\n(sec.657-ssec.3) The registrar must give the organisation a copy of the instrument as soon as practicable after the instrument is made.","sortOrder":952},{"sectionNumber":"ch.12-pt.6-div.2","sectionType":"division","heading":"Amendments by organisation","content":"## Amendments by organisation","sortOrder":953},{"sectionNumber":"sec.658","sectionType":"section","heading":"Application of subdivision","content":"### sec.658 Application of subdivision\n\nThis subdivision applies if an organisation proposes to amend its name or eligibility rules.\nThis subdivision does not apply if the amendment is made under section 655 or 656 or is proposed to be made for an amalgamation or withdrawal.\nIn this section—\namend includes replace.\n(sec.658-ssec.1) This subdivision applies if an organisation proposes to amend its name or eligibility rules.\n(sec.658-ssec.2) This subdivision does not apply if the amendment is made under section 655 or 656 or is proposed to be made for an amalgamation or withdrawal.\n(sec.658-ssec.3) In this section— amend includes replace.","sortOrder":954},{"sectionNumber":"sec.659","sectionType":"section","heading":"Requirements for amendment","content":"### sec.659 Requirements for amendment\n\nThe proposed amendment may be made only if it has been—\nproposed under the organisation’s rules; and\napproved under this subdivision.\n- (a) proposed under the organisation’s rules; and\n- (b) approved under this subdivision.","sortOrder":955},{"sectionNumber":"sec.660","sectionType":"section","heading":"Approval to change ‘union’ to ‘organisation’ in name","content":"### sec.660 Approval to change ‘union’ to ‘organisation’ in name\n\nIf an organisation’s name contains the word ‘union’, the registrar may, by order, approve the replacement of the word with ‘organisation’ or the words ‘industrial organisation’.","sortOrder":956},{"sectionNumber":"sec.661","sectionType":"section","heading":"Approval for other name amendment","content":"### sec.661 Approval for other name amendment\n\nThis section applies to an amendment of an organisation’s name other than an amendment mentioned in section 660 .\nThe commission may, by order, approve the amendment only if satisfied the name as amended—\nhas been proposed under the organisation’s rules; and\nis not—\nthe same as another organisation’s name; or\nso similar to another organisation’s name as to be likely to cause confusion.\nApproval may be given wholly or in part.\n(sec.661-ssec.1) This section applies to an amendment of an organisation’s name other than an amendment mentioned in section 660 .\n(sec.661-ssec.2) The commission may, by order, approve the amendment only if satisfied the name as amended— has been proposed under the organisation’s rules; and is not— the same as another organisation’s name; or so similar to another organisation’s name as to be likely to cause confusion.\n(sec.661-ssec.3) Approval may be given wholly or in part.\n- (a) has been proposed under the organisation’s rules; and\n- (b) is not— (i) the same as another organisation’s name; or (ii) so similar to another organisation’s name as to be likely to cause confusion.\n- (i) the same as another organisation’s name; or\n- (ii) so similar to another organisation’s name as to be likely to cause confusion.\n- (i) the same as another organisation’s name; or\n- (ii) so similar to another organisation’s name as to be likely to cause confusion.","sortOrder":957},{"sectionNumber":"sec.662","sectionType":"section","heading":"Approval for eligibility rule amendment","content":"### sec.662 Approval for eligibility rule amendment\n\nThe commission may, by order, approve an amendment to an eligibility rule only if satisfied—\nthe amendment has been proposed under the organisation’s rules; and\nthere is no organisation to which persons to whom the amendment would apply could conveniently belong that would effectively represent them in a way consistent with the objects of this Act.\nThe commission may refuse to approve an amendment to an eligibility rule if satisfied—\nthe amendment—\nwould contravene an agreement or understanding to which the organisation is a party; and\ndeals with the organisation’s right to represent; or\nthe amendment—\nwould change the effect of a full bench order under section 479 about the organisation’s right to represent; and\nwould give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.\nSubsection (2) does not limit the grounds on which approval may be refused.\nApproval may be given wholly or in part.\nIn this section—\nright to represent , of an organisation, means a right of the organisation to represent the industrial interests of a particular class or group of persons.\n(sec.662-ssec.1) The commission may, by order, approve an amendment to an eligibility rule only if satisfied— the amendment has been proposed under the organisation’s rules; and there is no organisation to which persons to whom the amendment would apply could conveniently belong that would effectively represent them in a way consistent with the objects of this Act.\n(sec.662-ssec.2) The commission may refuse to approve an amendment to an eligibility rule if satisfied— the amendment— would contravene an agreement or understanding to which the organisation is a party; and deals with the organisation’s right to represent; or the amendment— would change the effect of a full bench order under section 479 about the organisation’s right to represent; and would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.\n(sec.662-ssec.3) Subsection (2) does not limit the grounds on which approval may be refused.\n(sec.662-ssec.4) Approval may be given wholly or in part.\n(sec.662-ssec.5) In this section— right to represent , of an organisation, means a right of the organisation to represent the industrial interests of a particular class or group of persons.\n- (a) the amendment has been proposed under the organisation’s rules; and\n- (b) there is no organisation to which persons to whom the amendment would apply could conveniently belong that would effectively represent them in a way consistent with the objects of this Act.\n- (a) the amendment— (i) would contravene an agreement or understanding to which the organisation is a party; and (ii) deals with the organisation’s right to represent; or\n- (i) would contravene an agreement or understanding to which the organisation is a party; and\n- (ii) deals with the organisation’s right to represent; or\n- (b) the amendment— (i) would change the effect of a full bench order under section 479 about the organisation’s right to represent; and (ii) would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.\n- (i) would change the effect of a full bench order under section 479 about the organisation’s right to represent; and\n- (ii) would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.\n- (i) would contravene an agreement or understanding to which the organisation is a party; and\n- (ii) deals with the organisation’s right to represent; or\n- (i) would change the effect of a full bench order under section 479 about the organisation’s right to represent; and\n- (ii) would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer’s business.","sortOrder":958},{"sectionNumber":"sec.663","sectionType":"section","heading":"When amendment takes effect","content":"### sec.663 When amendment takes effect\n\nIf an amendment of an organisation’s name or eligibility rules is approved, the amendment takes effect on the day the order is made or a later day stated in the order.","sortOrder":959},{"sectionNumber":"sec.664","sectionType":"section","heading":"Registrar must record amendment","content":"### sec.664 Registrar must record amendment\n\nAs soon as practicable after an amendment of an organisation’s name or eligibility rules takes effect, the registrar must—\nfor an amendment of the organisation’s name—\nenter the name as amended in the register; and\ngive the organisation a replacement certificate of registration in the approved form; and\nfor an amendment of the organisation’s eligibility rules—enter particulars of the amendment in the register.\n- (a) for an amendment of the organisation’s name— (i) enter the name as amended in the register; and (ii) give the organisation a replacement certificate of registration in the approved form; and\n- (i) enter the name as amended in the register; and\n- (ii) give the organisation a replacement certificate of registration in the approved form; and\n- (b) for an amendment of the organisation’s eligibility rules—enter particulars of the amendment in the register.\n- (i) enter the name as amended in the register; and\n- (ii) give the organisation a replacement certificate of registration in the approved form; and","sortOrder":960},{"sectionNumber":"sec.665","sectionType":"section","heading":"Application of subdivision","content":"### sec.665 Application of subdivision\n\nThis subdivision applies if an organisation proposes to amend its rules, other than by amending its name or eligibility rules, or by, under section 644 , adopting the model election rules without change.","sortOrder":961},{"sectionNumber":"sec.666","sectionType":"section","heading":"When amendment may be made","content":"### sec.666 When amendment may be made\n\nAn amendment may be made only if the registrar has approved it.\nThe registrar may approve an amendment only if satisfied it—\ndoes not contravene section 623 or another law; and\nhas been proposed under the organisation’s rules.\n(sec.666-ssec.1) An amendment may be made only if the registrar has approved it.\n(sec.666-ssec.2) The registrar may approve an amendment only if satisfied it— does not contravene section 623 or another law; and has been proposed under the organisation’s rules.\n- (a) does not contravene section 623 or another law; and\n- (b) has been proposed under the organisation’s rules.","sortOrder":962},{"sectionNumber":"sec.667","sectionType":"section","heading":"When amendment takes effect","content":"### sec.667 When amendment takes effect\n\nIf the registrar approves an amendment, the registrar must register the amendment as soon as practicable.\nAn amendment takes effect when it is registered.\n(sec.667-ssec.1) If the registrar approves an amendment, the registrar must register the amendment as soon as practicable.\n(sec.667-ssec.2) An amendment takes effect when it is registered.","sortOrder":963},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Conduct of elections","content":"# Conduct of elections","sortOrder":964},{"sectionNumber":"ch.12-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":965},{"sectionNumber":"sec.668","sectionType":"section","heading":"Part does not apply to corporations","content":"### sec.668 Part does not apply to corporations\n\nThis part does not apply to a corporation.","sortOrder":966},{"sectionNumber":"ch.12-pt.7-div.2","sectionType":"division","heading":"Preparatory steps","content":"## Preparatory steps","sortOrder":967},{"sectionNumber":"sec.669","sectionType":"section","heading":"Organisation or branch must file prescribed election information","content":"### sec.669 Organisation or branch must file prescribed election information\n\nIf an organisation or a branch of an organisation proposes to conduct an election, the organisation or branch must file the information prescribed by regulation for the election in the registry.\nThe information must be filed before the day prescribed by regulation.\nHowever, the registrar may, on application, allow the information to be filed before a later stated day.\n(sec.669-ssec.1) If an organisation or a branch of an organisation proposes to conduct an election, the organisation or branch must file the information prescribed by regulation for the election in the registry.\n(sec.669-ssec.2) The information must be filed before the day prescribed by regulation.\n(sec.669-ssec.3) However, the registrar may, on application, allow the information to be filed before a later stated day.","sortOrder":968},{"sectionNumber":"sec.670","sectionType":"section","heading":"Registrar must arrange for elections","content":"### sec.670 Registrar must arrange for elections\n\nThe registrar must arrange for an election to be conducted by the electoral commission if—\nthe information prescribed by regulation is filed; and\nthe registrar is satisfied the election is required to be held under the rules of the relevant organisation or branch of an organisation.\n- (a) the information prescribed by regulation is filed; and\n- (b) the registrar is satisfied the election is required to be held under the rules of the relevant organisation or branch of an organisation.","sortOrder":969},{"sectionNumber":"ch.12-pt.7-div.3","sectionType":"division","heading":"Conduct of elections","content":"## Conduct of elections","sortOrder":970},{"sectionNumber":"sec.671","sectionType":"section","heading":"Electoral commission to conduct elections","content":"### sec.671 Electoral commission to conduct elections\n\nAn election must only be conducted by the electoral commission.\nSee, however, part 12 , division 2 .","sortOrder":971},{"sectionNumber":"sec.672","sectionType":"section","heading":"Organisation’s rules generally to be complied with","content":"### sec.672 Organisation’s rules generally to be complied with\n\nSubject to section 673 , the rules of the organisation or branch of an organisation for which an election or a step in an election is being conducted must be complied with.","sortOrder":972},{"sectionNumber":"sec.673","sectionType":"section","heading":"Action or directions by electoral officer","content":"### sec.673 Action or directions by electoral officer\n\nThe electoral officer conducting an election or a step in an election may take action, and give directions, the officer considers necessary—\nto ensure no irregularities happen in the election; or\nto remedy a procedural defect that appears to the electoral officer to exist in the rules.\nThe election or step is not invalid only because the rules of the organisation or branch of an organisation are contravened by the action or direction.\n(sec.673-ssec.1) The electoral officer conducting an election or a step in an election may take action, and give directions, the officer considers necessary— to ensure no irregularities happen in the election; or to remedy a procedural defect that appears to the electoral officer to exist in the rules.\n(sec.673-ssec.2) The election or step is not invalid only because the rules of the organisation or branch of an organisation are contravened by the action or direction.\n- (a) to ensure no irregularities happen in the election; or\n- (b) to remedy a procedural defect that appears to the electoral officer to exist in the rules.","sortOrder":973},{"sectionNumber":"sec.674","sectionType":"section","heading":"Substitute electoral officer","content":"### sec.674 Substitute electoral officer\n\nThe electoral commissioner must arrange for another electoral officer to complete an election, or a step in an election, if the electoral officer conducting the election or taking the step—\ndies or can not complete the election or take the step; or\nstops being qualified to conduct the election or take the step.\n- (a) dies or can not complete the election or take the step; or\n- (b) stops being qualified to conduct the election or take the step.","sortOrder":974},{"sectionNumber":"sec.675","sectionType":"section","heading":"Death of candidate","content":"### sec.675 Death of candidate\n\nAn election must be discontinued and a new election held if—\n2 or more candidates are nominated for the election; and\n1 of the candidates dies before the close of the ballot.\nSubsection (1) applies despite anything in the rules of an organisation or branch of an organisation.\n(sec.675-ssec.1) An election must be discontinued and a new election held if— 2 or more candidates are nominated for the election; and 1 of the candidates dies before the close of the ballot.\n(sec.675-ssec.2) Subsection (1) applies despite anything in the rules of an organisation or branch of an organisation.\n- (a) 2 or more candidates are nominated for the election; and\n- (b) 1 of the candidates dies before the close of the ballot.","sortOrder":975},{"sectionNumber":"sec.676","sectionType":"section","heading":"Election result report","content":"### sec.676 Election result report\n\nThe electoral commission must, within 14 days after the declaration of the result of an election, give the registrar a written election result report for the election stating the particulars prescribed by regulation.\nA contravention of this section does not invalidate the election.\n(sec.676-ssec.1) The electoral commission must, within 14 days after the declaration of the result of an election, give the registrar a written election result report for the election stating the particulars prescribed by regulation.\n(sec.676-ssec.2) A contravention of this section does not invalidate the election.","sortOrder":976},{"sectionNumber":"sec.677","sectionType":"section","heading":"Election costs to be paid by State","content":"### sec.677 Election costs to be paid by State\n\nThe costs of an election conducted by the electoral commission under this part are payable by the State.","sortOrder":977},{"sectionNumber":"sec.678","sectionType":"section","heading":"Ballot records must be kept","content":"### sec.678 Ballot records must be kept\n\nThis section applies despite the rules of an organisation or a branch of an organisation.\nThe electoral commission must do everything necessary to ensure all ballot records for an election for an office for the organisation or branch of the organisation are kept by the commission for 1 year after the election.\n(sec.678-ssec.1) This section applies despite the rules of an organisation or a branch of an organisation.\n(sec.678-ssec.2) The electoral commission must do everything necessary to ensure all ballot records for an election for an office for the organisation or branch of the organisation are kept by the commission for 1 year after the election.","sortOrder":978},{"sectionNumber":"ch.12-pt.7-div.4","sectionType":"division","heading":"Offences about conduct of elections","content":"## Offences about conduct of elections","sortOrder":979},{"sectionNumber":"sec.679","sectionType":"section","heading":"Using organisation’s resources for election purposes","content":"### sec.679 Using organisation’s resources for election purposes\n\nAn organisation must not use, or permit its employees, agents, members or officers to use, the organisation’s property or resources to help a candidate for an election against another candidate for the election.\nMaximum penalty—80 penalty units.","sortOrder":980},{"sectionNumber":"sec.680","sectionType":"section","heading":"Obstructing conduct of election","content":"### sec.680 Obstructing conduct of election\n\nA person must not obstruct another person conducting an election.\nMaximum penalty—80 penalty units.","sortOrder":981},{"sectionNumber":"sec.681","sectionType":"section","heading":"Failing to comply with electoral officer’s direction","content":"### sec.681 Failing to comply with electoral officer’s direction\n\nA person to whom a direction is given by an electoral officer under this part must comply with the direction, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—80 penalty units.","sortOrder":982},{"sectionNumber":"sec.682","sectionType":"section","heading":"Obstructing electoral officer’s direction","content":"### sec.682 Obstructing electoral officer’s direction\n\nA person must not obstruct another person complying with a direction by an electoral officer under this part.\nMaximum penalty—80 penalty units.","sortOrder":983},{"sectionNumber":"sec.683","sectionType":"section","heading":"Offences about ballots","content":"### sec.683 Offences about ballots\n\nA person must not, without lawful authority or excuse, do any of the following about a ballot for an election—\nobtain or possess a ballot paper if the person does not have the right to obtain or possess it;\npretend to be and vote as someone else;\namend, deface, destroy, interfere with, or remove a ballot record for the election;\nvote in the ballot if the person does not have the right to vote;\nvote more than once;\nforge a ballot record for the election;\nutter a ballot record for the election knowing the record to be forged;\ngive a ballot record for the election to someone else;\nput a ballot record for the election in a ballot box or other container used for the ballot (also a ballot box ) if the person does not have the right to vote;\ndeliver or post a ballot record for the election to another person performing functions for the ballot if the person does not have the right to deliver or post the record;\ndestroy, interfere with, open, or remove a ballot box.\nMaximum penalty—80 penalty units.\n- (a) obtain or possess a ballot paper if the person does not have the right to obtain or possess it;\n- (b) pretend to be and vote as someone else;\n- (c) amend, deface, destroy, interfere with, or remove a ballot record for the election;\n- (d) vote in the ballot if the person does not have the right to vote;\n- (e) vote more than once;\n- (f) forge a ballot record for the election;\n- (g) utter a ballot record for the election knowing the record to be forged;\n- (h) give a ballot record for the election to someone else;\n- (i) put a ballot record for the election in a ballot box or other container used for the ballot (also a ballot box ) if the person does not have the right to vote;\n- (j) deliver or post a ballot record for the election to another person performing functions for the ballot if the person does not have the right to deliver or post the record;\n- (k) destroy, interfere with, open, or remove a ballot box.","sortOrder":984},{"sectionNumber":"sec.684","sectionType":"section","heading":"Disadvantaging candidates etc.","content":"### sec.684 Disadvantaging candidates etc.\n\nA person must not cause, inflict or procure a disadvantage to anyone or anything because of, or to induce—\na candidature or withdrawal of a candidature in an election; or\na vote or omission to vote in an election; or\nsupport for or opposition to a candidate in an election; or\na promise of a vote, omission to vote, support or opposition for or to a candidate in an election.\nMaximum penalty—80 penalty units.\nIn this section—\ncause a disadvantage includes offering, suggesting and threatening a disadvantage.\ndisadvantage includes damage, detriment, injury, loss, punishment and violence.\n(sec.684-ssec.1) A person must not cause, inflict or procure a disadvantage to anyone or anything because of, or to induce— a candidature or withdrawal of a candidature in an election; or a vote or omission to vote in an election; or support for or opposition to a candidate in an election; or a promise of a vote, omission to vote, support or opposition for or to a candidate in an election. Maximum penalty—80 penalty units.\n(sec.684-ssec.2) In this section— cause a disadvantage includes offering, suggesting and threatening a disadvantage. disadvantage includes damage, detriment, injury, loss, punishment and violence.\n- (a) a candidature or withdrawal of a candidature in an election; or\n- (b) a vote or omission to vote in an election; or\n- (c) support for or opposition to a candidate in an election; or\n- (d) a promise of a vote, omission to vote, support or opposition for or to a candidate in an election.","sortOrder":985},{"sectionNumber":"sec.685","sectionType":"section","heading":"Unauthorised access to ballot paper","content":"### sec.685 Unauthorised access to ballot paper\n\nA person must not, without lawful authority or excuse—\nask, require or induce another person to show to the person, or permit the person to see, a ballot paper so the person can see the vote recorded in the ballot paper—\nwhile the paper is being marked; or\nafter it has been marked; or\nif the person is performing functions for an election—show to anyone else, or permit anyone else access to, a ballot paper used in the election or ballot, other than to perform the functions.\nMaximum penalty—80 penalty units.\n- (a) ask, require or induce another person to show to the person, or permit the person to see, a ballot paper so the person can see the vote recorded in the ballot paper— (i) while the paper is being marked; or (ii) after it has been marked; or\n- (i) while the paper is being marked; or\n- (ii) after it has been marked; or\n- (b) if the person is performing functions for an election—show to anyone else, or permit anyone else access to, a ballot paper used in the election or ballot, other than to perform the functions.\n- (i) while the paper is being marked; or\n- (ii) after it has been marked; or","sortOrder":986},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Election inquiries","content":"# Election inquiries","sortOrder":987},{"sectionNumber":"ch.12-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":988},{"sectionNumber":"sec.686","sectionType":"section","heading":"Part does not apply to corporations","content":"### sec.686 Part does not apply to corporations\n\nThis part does not apply to a corporation.\nThis part applies to an organisation if it is incorporated only because of section 611 . See section 596 (2) .","sortOrder":989},{"sectionNumber":"ch.12-pt.8-div.2","sectionType":"division","heading":"Applications and referrals to commission","content":"## Applications and referrals to commission","sortOrder":990},{"sectionNumber":"sec.687","sectionType":"section","heading":"Commission may conduct election inquiry","content":"### sec.687 Commission may conduct election inquiry\n\nThe commission may, on an application referred to it by the registrar under this part, conduct an inquiry ( election inquiry ) about a claimed irregularity in an election.","sortOrder":991},{"sectionNumber":"sec.688","sectionType":"section","heading":"Who may apply","content":"### sec.688 Who may apply\n\nAn application for an election inquiry may be made only by—\na financial member of the organisation in which the election was conducted; or\na person who was a financial member of the organisation within 1 year before the application is made.\n- (a) a financial member of the organisation in which the election was conducted; or\n- (b) a person who was a financial member of the organisation within 1 year before the application is made.","sortOrder":992},{"sectionNumber":"sec.689","sectionType":"section","heading":"Requirements for application","content":"### sec.689 Requirements for application\n\nThe application—\nmay be filed only during the period that—\nstarts on the day the information, prescribed by regulation, for the election is filed under section 669 (1) ; and\nends—\n6 months after the election has ended; or\nif the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\nmust state—\nthe election for which the application is made; and\nthe irregularity that is claimed to have happened; and\nthe facts relied on to support the application; and\nmust be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.\n- (a) may be filed only during the period that— (i) starts on the day the information, prescribed by regulation, for the election is filed under section 669 (1) ; and (ii) ends— (A) 6 months after the election has ended; or (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (i) starts on the day the information, prescribed by regulation, for the election is filed under section 669 (1) ; and\n- (ii) ends— (A) 6 months after the election has ended; or (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (A) 6 months after the election has ended; or\n- (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (b) must state— (i) the election for which the application is made; and (ii) the irregularity that is claimed to have happened; and (iii) the facts relied on to support the application; and\n- (i) the election for which the application is made; and\n- (ii) the irregularity that is claimed to have happened; and\n- (iii) the facts relied on to support the application; and\n- (c) must be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.\n- (i) starts on the day the information, prescribed by regulation, for the election is filed under section 669 (1) ; and\n- (ii) ends— (A) 6 months after the election has ended; or (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (A) 6 months after the election has ended; or\n- (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (A) 6 months after the election has ended; or\n- (B) if the registrar, on application, allows the application to be filed before a later stated day—on the later stated day; and\n- (i) the election for which the application is made; and\n- (ii) the irregularity that is claimed to have happened; and\n- (iii) the facts relied on to support the application; and","sortOrder":993},{"sectionNumber":"sec.690","sectionType":"section","heading":"Referral to commission","content":"### sec.690 Referral to commission\n\nThe registrar may refer the application to the commission only if satisfied—\nthere are reasonable grounds to inquire whether there has been an irregularity in the election that may have affected, or may affect, the election result; and\nthe circumstances justify an election inquiry.\nIn deciding whether to refer the application, the registrar may consider other relevant information of which the registrar has knowledge.\nAn election inquiry is taken to have been started in the commission when the application is referred.\n(sec.690-ssec.1) The registrar may refer the application to the commission only if satisfied— there are reasonable grounds to inquire whether there has been an irregularity in the election that may have affected, or may affect, the election result; and the circumstances justify an election inquiry.\n(sec.690-ssec.2) In deciding whether to refer the application, the registrar may consider other relevant information of which the registrar has knowledge.\n(sec.690-ssec.3) An election inquiry is taken to have been started in the commission when the application is referred.\n- (a) there are reasonable grounds to inquire whether there has been an irregularity in the election that may have affected, or may affect, the election result; and\n- (b) the circumstances justify an election inquiry.","sortOrder":994},{"sectionNumber":"ch.12-pt.8-div.3","sectionType":"division","heading":"Investigations and interim orders","content":"## Investigations and interim orders","sortOrder":995},{"sectionNumber":"sec.691","sectionType":"section","heading":"Commission may authorise registrar to investigate","content":"### sec.691 Commission may authorise registrar to investigate\n\nThe commission may, by order, before or after the registrar’s decision to refer the application, authorise the registrar to do any of the following—\ninspect ballot records for the election;\ntake possession of the ballot records;\nenter a place of business used or occupied by the organisation or branch of the organisation at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help;\nrequire a person to give to the registrar ballot records in the person’s possession or under the person’s control or to keep the ballot records until—\nthe election inquiry is completed; or\nan earlier time ordered by the commission.\nIf a person is required, under subsection (1) (d) , to give ballot records for the election to the registrar, the person must comply with the requirement, unless the person has a reasonable excuse for not complying with the requirement.\nMaximum penalty—80 penalty units.\nA person must not obstruct the registrar when exercising a power under this section.\nMaximum penalty—80 penalty units.\n(sec.691-ssec.1) The commission may, by order, before or after the registrar’s decision to refer the application, authorise the registrar to do any of the following— inspect ballot records for the election; take possession of the ballot records; enter a place of business used or occupied by the organisation or branch of the organisation at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help; require a person to give to the registrar ballot records in the person’s possession or under the person’s control or to keep the ballot records until— the election inquiry is completed; or an earlier time ordered by the commission.\n(sec.691-ssec.2) If a person is required, under subsection (1) (d) , to give ballot records for the election to the registrar, the person must comply with the requirement, unless the person has a reasonable excuse for not complying with the requirement. Maximum penalty—80 penalty units.\n(sec.691-ssec.3) A person must not obstruct the registrar when exercising a power under this section. Maximum penalty—80 penalty units.\n- (a) inspect ballot records for the election;\n- (b) take possession of the ballot records;\n- (c) enter a place of business used or occupied by the organisation or branch of the organisation at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help;\n- (d) require a person to give to the registrar ballot records in the person’s possession or under the person’s control or to keep the ballot records until— (i) the election inquiry is completed; or (ii) an earlier time ordered by the commission.\n- (i) the election inquiry is completed; or\n- (ii) an earlier time ordered by the commission.\n- (i) the election inquiry is completed; or\n- (ii) an earlier time ordered by the commission.","sortOrder":996},{"sectionNumber":"sec.692","sectionType":"section","heading":"Interim orders","content":"### sec.692 Interim orders\n\nAfter the registrar refers the application, the commission may make an interim order—\nstopping any further steps to—\nconduct the election; or\ngive effect to the election result; or\nstopping a person from acting in an office the election inquiry is about, if the person has—\nassumed the office; or\ncontinued to act in the office; or\nclaims to occupy the office; or\ndirecting a person who holds, or who last held before the election, an office for which the election is held to act or continue to act in the office; or\ndirecting a member of the organisation or branch of the organisation or another stated person to act in an office for which the election is held, if the commission considers a direction under paragraph (c) would—\nnot be practicable; or\naffect the efficient conduct of the affairs of the organisation or branch; or\nbe inappropriate having regard to the nature of the inquiry; or\nconsequential to, or amending or discharging, another interim order.\n- (a) stopping any further steps to— (i) conduct the election; or (ii) give effect to the election result; or\n- (i) conduct the election; or\n- (ii) give effect to the election result; or\n- (b) stopping a person from acting in an office the election inquiry is about, if the person has— (i) assumed the office; or (ii) continued to act in the office; or (iii) claims to occupy the office; or\n- (i) assumed the office; or\n- (ii) continued to act in the office; or\n- (iii) claims to occupy the office; or\n- (c) directing a person who holds, or who last held before the election, an office for which the election is held to act or continue to act in the office; or\n- (d) directing a member of the organisation or branch of the organisation or another stated person to act in an office for which the election is held, if the commission considers a direction under paragraph (c) would— (i) not be practicable; or (ii) affect the efficient conduct of the affairs of the organisation or branch; or (iii) be inappropriate having regard to the nature of the inquiry; or\n- (i) not be practicable; or\n- (ii) affect the efficient conduct of the affairs of the organisation or branch; or\n- (iii) be inappropriate having regard to the nature of the inquiry; or\n- (e) consequential to, or amending or discharging, another interim order.\n- (i) conduct the election; or\n- (ii) give effect to the election result; or\n- (i) assumed the office; or\n- (ii) continued to act in the office; or\n- (iii) claims to occupy the office; or\n- (i) not be practicable; or\n- (ii) affect the efficient conduct of the affairs of the organisation or branch; or\n- (iii) be inappropriate having regard to the nature of the inquiry; or","sortOrder":997},{"sectionNumber":"sec.693","sectionType":"section","heading":"Person acting under interim order","content":"### sec.693 Person acting under interim order\n\nIf a person is acting, or continuing to act, in an office under an interim order, the person is taken to hold the office—\nwhile the order is in force; and\ndespite the rules of the organisation or branch of the organisation.\n- (a) while the order is in force; and\n- (b) despite the rules of the organisation or branch of the organisation.","sortOrder":998},{"sectionNumber":"sec.694","sectionType":"section","heading":"When interim order ends","content":"### sec.694 When interim order ends\n\nAn interim order ends—\nat the completion of the election inquiry and everything the commission ordered, other than under an interim order, during the inquiry; or\nthe day stated in the order for it to end; or\nif the order is discharged by the commission.\n- (a) at the completion of the election inquiry and everything the commission ordered, other than under an interim order, during the inquiry; or\n- (b) the day stated in the order for it to end; or\n- (c) if the order is discharged by the commission.","sortOrder":999},{"sectionNumber":"ch.12-pt.8-div.4","sectionType":"division","heading":"Conduct of election inquiries","content":"## Conduct of election inquiries","sortOrder":1000},{"sectionNumber":"sec.695","sectionType":"section","heading":"Commission’s functions and powers for inquiry","content":"### sec.695 Commission’s functions and powers for inquiry\n\nFor an election inquiry, the commission must inquire into and decide—\nif an irregularity has happened in the election; and\nother questions it considers necessary about the conduct and results of the election.\nThe commission may make orders it considers necessary for the inquiry, including, for example, a recount of votes for the election.\n(sec.695-ssec.1) For an election inquiry, the commission must inquire into and decide— if an irregularity has happened in the election; and other questions it considers necessary about the conduct and results of the election.\n(sec.695-ssec.2) The commission may make orders it considers necessary for the inquiry, including, for example, a recount of votes for the election.\n- (a) if an irregularity has happened in the election; and\n- (b) other questions it considers necessary about the conduct and results of the election.","sortOrder":1001},{"sectionNumber":"sec.696","sectionType":"section","heading":"Orders if irregularity found","content":"### sec.696 Orders if irregularity found\n\nThis section applies if the commission finds an irregularity has happened, or is likely to happen, in an election.\nThe commission may make an order—\nfor a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or\namending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or\ndirecting safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or\nappointing a returning officer to act with any returning officer appointed under the rules; or\nproviding for the powers of a returning officer appointed under paragraph (d) .\nAlso, the commission may, by order, if it finds the election result may have been, or may be, affected by the irregularity or a similar irregularity, declare—\nthe election, or a step taken in or for it, to be void; or\na person apparently elected in the election not to have been elected; or\na person to have been elected at the election instead of a person declared not to have been elected.\nThe commission may make any other order that is consequential to an order under this section.\n(sec.696-ssec.1) This section applies if the commission finds an irregularity has happened, or is likely to happen, in an election.\n(sec.696-ssec.2) The commission may make an order— for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or appointing a returning officer to act with any returning officer appointed under the rules; or providing for the powers of a returning officer appointed under paragraph (d) .\n(sec.696-ssec.3) Also, the commission may, by order, if it finds the election result may have been, or may be, affected by the irregularity or a similar irregularity, declare— the election, or a step taken in or for it, to be void; or a person apparently elected in the election not to have been elected; or a person to have been elected at the election instead of a person declared not to have been elected.\n(sec.696-ssec.4) The commission may make any other order that is consequential to an order under this section.\n- (a) for a fresh election or the repeat of a step in the election, including, for example, calling for and submitting nominations; or\n- (b) amending the election rules of the relevant organisation or branch of the organisation in a way it considers necessary to correct a procedural defect in the rules; or\n- (c) directing safeguards it considers appropriate to stop irregularities in the election, fresh election or repeat step; or\n- (d) appointing a returning officer to act with any returning officer appointed under the rules; or\n- (e) providing for the powers of a returning officer appointed under paragraph (d) .\n- (a) the election, or a step taken in or for it, to be void; or\n- (b) a person apparently elected in the election not to have been elected; or\n- (c) a person to have been elected at the election instead of a person declared not to have been elected.","sortOrder":1002},{"sectionNumber":"sec.697","sectionType":"section","heading":"Enforcing orders","content":"### sec.697 Enforcing orders\n\nThe commission may make an order in the nature of an injunction, either mandatory or restrictive, it considers necessary to enforce an order or perform its functions or exercise its powers under this part.","sortOrder":1003},{"sectionNumber":"ch.12-pt.8-div.5","sectionType":"division","heading":"Offences about election inquiries","content":"## Offences about election inquiries","sortOrder":1004},{"sectionNumber":"sec.698","sectionType":"section","heading":"Disadvantaging applicant for inquiry","content":"### sec.698 Disadvantaging applicant for inquiry\n\nA person must not cause, inflict or procure a disadvantage to another person because the other person has applied for an election inquiry.\nMaximum penalty—80 penalty units.\nIn this section—\ndisadvantage includes damage, detriment, injury, loss, punishment and violence.\n(sec.698-ssec.1) A person must not cause, inflict or procure a disadvantage to another person because the other person has applied for an election inquiry. Maximum penalty—80 penalty units.\n(sec.698-ssec.2) In this section— disadvantage includes damage, detriment, injury, loss, punishment and violence.","sortOrder":1005},{"sectionNumber":"sec.699","sectionType":"section","heading":"Obstructing orders being carried out","content":"### sec.699 Obstructing orders being carried out\n\nA person must not obstruct the carrying out of an order of the commission under this part.\nMaximum penalty—80 penalty units.","sortOrder":1006},{"sectionNumber":"ch.12-pt.8-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":1007},{"sectionNumber":"sec.700","sectionType":"section","heading":"Financial help for application","content":"### sec.700 Financial help for application\n\nAn applicant for an election inquiry may apply to the Minister for financial help.\nThe Minister may direct that financial help from the State be given to the applicant for the cost of the application for an election inquiry, including witness expenses, if—\nthe commission found an irregularity happened in the election and the Minister considers the circumstances justify the payment; or\nthe commission certifies the applicant acted reasonably in applying for the inquiry; or\nafter considering the commission’s findings at the inquiry, it is not just the applicant who should pay any of the costs.\nThe Minister must decide the amount of the financial help.\n(sec.700-ssec.1) An applicant for an election inquiry may apply to the Minister for financial help.\n(sec.700-ssec.2) The Minister may direct that financial help from the State be given to the applicant for the cost of the application for an election inquiry, including witness expenses, if— the commission found an irregularity happened in the election and the Minister considers the circumstances justify the payment; or the commission certifies the applicant acted reasonably in applying for the inquiry; or after considering the commission’s findings at the inquiry, it is not just the applicant who should pay any of the costs.\n(sec.700-ssec.3) The Minister must decide the amount of the financial help.\n- (a) the commission found an irregularity happened in the election and the Minister considers the circumstances justify the payment; or\n- (b) the commission certifies the applicant acted reasonably in applying for the inquiry; or\n- (c) after considering the commission’s findings at the inquiry, it is not just the applicant who should pay any of the costs.","sortOrder":1008},{"sectionNumber":"sec.701","sectionType":"section","heading":"Costs of fresh election ordered by inquiry","content":"### sec.701 Costs of fresh election ordered by inquiry\n\nIf the commission orders a fresh election under this part, the State must pay the costs of the fresh election.\nthe cost of premises used for the fresh election\nIn this section—\nfresh election includes—\na step in an election; and\na safeguard for an election or step in an election, not allowed for under the rules of the organisation or branch of the organisation for which the election was or was to be held.\n(sec.701-ssec.1) If the commission orders a fresh election under this part, the State must pay the costs of the fresh election. the cost of premises used for the fresh election\n(sec.701-ssec.2) In this section— fresh election includes— a step in an election; and a safeguard for an election or step in an election, not allowed for under the rules of the organisation or branch of the organisation for which the election was or was to be held.\n- (a) a step in an election; and\n- (b) a safeguard for an election or step in an election, not allowed for under the rules of the organisation or branch of the organisation for which the election was or was to be held.","sortOrder":1009},{"sectionNumber":"ch.12-pt.9","sectionType":"part","heading":"Officers","content":"# Officers","sortOrder":1010},{"sectionNumber":"ch.12-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1011},{"sectionNumber":"sec.702","sectionType":"section","heading":"Definitions for part","content":"### sec.702 Definitions for part\n\nIn this part—\ncandidate means a candidate for election or appointment to an office for an organisation.\nconvicted of a disqualifying offence means being found guilty of a disqualifying offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.\nconvicted person —\nmeans a person who—\nhas been convicted on indictment of a disqualifying offence; or\nwithout limiting subparagraph (i) , has served or is serving a prison term for a violent offence; and\nincludes a person convicted, before this part commenced, of an offence that, apart from the non-commencement of this part, would have been a disqualifying offence.\ndisqualification period see section 709 (1) .\ndisqualifying offence means an offence—\nagainst an Act or a law of the State or another jurisdiction, involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more; or\nagainst this chapter involving a failure to keep ballot records, to comply with a direction or to give information or documents for an election or ballot; or\nagainst section 680 , 849 , 896 or 897 ; or\ninvolving the formation, registration or management of an association, corporation or organisation; or\nthat is a violent offence.\nelected , to an office for an organisation, includes appointed to fill a casual vacancy in the office.\nviolent offence means an offence involving the—\nintentional use of violence towards another person; or\ncausing of death or injury to a person; or\ndamage or destruction of property.\n- (a) means a person who— (i) has been convicted on indictment of a disqualifying offence; or (ii) without limiting subparagraph (i) , has served or is serving a prison term for a violent offence; and\n- (i) has been convicted on indictment of a disqualifying offence; or\n- (ii) without limiting subparagraph (i) , has served or is serving a prison term for a violent offence; and\n- (b) includes a person convicted, before this part commenced, of an offence that, apart from the non-commencement of this part, would have been a disqualifying offence.\n- (i) has been convicted on indictment of a disqualifying offence; or\n- (ii) without limiting subparagraph (i) , has served or is serving a prison term for a violent offence; and\n- (a) against an Act or a law of the State or another jurisdiction, involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more; or\n- (b) against this chapter involving a failure to keep ballot records, to comply with a direction or to give information or documents for an election or ballot; or\n- (c) against section 680 , 849 , 896 or 897 ; or\n- (d) involving the formation, registration or management of an association, corporation or organisation; or\n- (e) that is a violent offence.\n- (a) intentional use of violence towards another person; or\n- (b) causing of death or injury to a person; or\n- (c) damage or destruction of property.","sortOrder":1012},{"sectionNumber":"ch.12-pt.9-div.2","sectionType":"division","heading":"Disqualifications from candidature or holding office","content":"## Disqualifications from candidature or holding office","sortOrder":1013},{"sectionNumber":"sec.703","sectionType":"section","heading":"Children","content":"### sec.703 Children\n\nA child is not eligible to be a candidate or to be elected as a management committee member, treasurer or trustee of an organisation.","sortOrder":1014},{"sectionNumber":"sec.704","sectionType":"section","heading":"Convicted persons—candidature","content":"### sec.704 Convicted persons—candidature\n\nA person convicted of a disqualifying offence may be a candidate or elected to an office in an organisation only if—\nthe person has made an application under subdivision 2 for leave to hold the office and—\nwas given leave to hold the office; or\nthe court fixed a disqualification period for the person and the period has ended; or\n5 years has elapsed since the later of the following—\nthe conviction;\nif the person served a prison term for the offence—the person’s release from prison.\n- (a) the person has made an application under subdivision 2 for leave to hold the office and— (i) was given leave to hold the office; or (ii) the court fixed a disqualification period for the person and the period has ended; or\n- (i) was given leave to hold the office; or\n- (ii) the court fixed a disqualification period for the person and the period has ended; or\n- (b) 5 years has elapsed since the later of the following— (i) the conviction; (ii) if the person served a prison term for the offence—the person’s release from prison.\n- (i) the conviction;\n- (ii) if the person served a prison term for the offence—the person’s release from prison.\n- (i) was given leave to hold the office; or\n- (ii) the court fixed a disqualification period for the person and the period has ended; or\n- (i) the conviction;\n- (ii) if the person served a prison term for the offence—the person’s release from prison.","sortOrder":1015},{"sectionNumber":"sec.705","sectionType":"section","heading":"Convicted persons—holding office","content":"### sec.705 Convicted persons—holding office\n\nThis section applies if a person who holds an office for an organisation is convicted of a disqualifying offence.\nThe person ceases to hold the office for the organisation 28 days after the conviction unless, within that time, the person makes an application under subdivision 2 for leave to hold the office.\nHowever, if the person makes an application for leave within that time, the person ceases to hold the office for the organisation—\n3 months after the conviction, if the application has not been decided and the court has not extended that time; or\nif the court has extended that time—at the end of the extended time.\nThe court may extend the time only if—\nan application for the extension is made before the time mentioned in subsection (3) (a) ; or\nif it has previously extended the time—the application for the further extension is made before the end of the time as extended.\n(sec.705-ssec.1) This section applies if a person who holds an office for an organisation is convicted of a disqualifying offence.\n(sec.705-ssec.2) The person ceases to hold the office for the organisation 28 days after the conviction unless, within that time, the person makes an application under subdivision 2 for leave to hold the office.\n(sec.705-ssec.3) However, if the person makes an application for leave within that time, the person ceases to hold the office for the organisation— 3 months after the conviction, if the application has not been decided and the court has not extended that time; or if the court has extended that time—at the end of the extended time.\n(sec.705-ssec.4) The court may extend the time only if— an application for the extension is made before the time mentioned in subsection (3) (a) ; or if it has previously extended the time—the application for the further extension is made before the end of the time as extended.\n- (a) 3 months after the conviction, if the application has not been decided and the court has not extended that time; or\n- (b) if the court has extended that time—at the end of the extended time.\n- (a) an application for the extension is made before the time mentioned in subsection (3) (a) ; or\n- (b) if it has previously extended the time—the application for the further extension is made before the end of the time as extended.","sortOrder":1016},{"sectionNumber":"sec.706","sectionType":"section","heading":"Prospective candidates","content":"### sec.706 Prospective candidates\n\nThis section applies if a person who wants to be a candidate for an office for an organisation has, within 5 years, been—\nconvicted of a disqualifying offence; or\nreleased from prison after serving a prison term for a conviction for a disqualifying offence.\nThe person may apply to the court for leave to hold the office for the organisation.\nThe court must not grant the leave if the applicant has already made an application under this section for leave to hold the office despite the conviction.\n(sec.706-ssec.1) This section applies if a person who wants to be a candidate for an office for an organisation has, within 5 years, been— convicted of a disqualifying offence; or released from prison after serving a prison term for a conviction for a disqualifying offence.\n(sec.706-ssec.2) The person may apply to the court for leave to hold the office for the organisation.\n(sec.706-ssec.3) The court must not grant the leave if the applicant has already made an application under this section for leave to hold the office despite the conviction.\n- (a) convicted of a disqualifying offence; or\n- (b) released from prison after serving a prison term for a conviction for a disqualifying offence.","sortOrder":1017},{"sectionNumber":"sec.707","sectionType":"section","heading":"Existing office holders","content":"### sec.707 Existing office holders\n\nIf a person holding an office for an organisation is convicted of a disqualifying offence, the person may apply to the court for leave to hold the office or another stated office.\nThe court may grant the leave only if—\nthe application is made within 28 days after the conviction; and\nthe person has not already made an application under this section for leave to hold the office despite the conviction.\n(sec.707-ssec.1) If a person holding an office for an organisation is convicted of a disqualifying offence, the person may apply to the court for leave to hold the office or another stated office.\n(sec.707-ssec.2) The court may grant the leave only if— the application is made within 28 days after the conviction; and the person has not already made an application under this section for leave to hold the office despite the conviction.\n- (a) the application is made within 28 days after the conviction; and\n- (b) the person has not already made an application under this section for leave to hold the office despite the conviction.","sortOrder":1018},{"sectionNumber":"sec.708","sectionType":"section","heading":"Consideration of applications for leave","content":"### sec.708 Consideration of applications for leave\n\nIn deciding an application for leave made under this subdivision, the court must consider—\nthe nature of the disqualifying offence in relation to which leave is sought; and\nthe circumstances and the nature of the applicant’s involvement in the commission of the offence; and\nthe applicant’s general character and fitness to be involved in the management of organisations, having regard to the offence; and\nany other matter it considers appropriate.\n- (a) the nature of the disqualifying offence in relation to which leave is sought; and\n- (b) the circumstances and the nature of the applicant’s involvement in the commission of the offence; and\n- (c) the applicant’s general character and fitness to be involved in the management of organisations, having regard to the offence; and\n- (d) any other matter it considers appropriate.","sortOrder":1019},{"sectionNumber":"sec.709","sectionType":"section","heading":"Disqualification period may be given if leave refused","content":"### sec.709 Disqualification period may be given if leave refused\n\nIf the court decides to refuse an application for leave made under this subdivision, it may fix a period (a disqualification period ) during which the applicant is disqualified from holding office for any organisation.\nHowever, the court must not fix a disqualification period that starts before or ends more than 5 years after the later of the following—\nthe conviction that is the subject matter of the application;\nif the person served a prison term for the conviction—the person’s release from prison.\n(sec.709-ssec.1) If the court decides to refuse an application for leave made under this subdivision, it may fix a period (a disqualification period ) during which the applicant is disqualified from holding office for any organisation.\n(sec.709-ssec.2) However, the court must not fix a disqualification period that starts before or ends more than 5 years after the later of the following— the conviction that is the subject matter of the application; if the person served a prison term for the conviction—the person’s release from prison.\n- (a) the conviction that is the subject matter of the application;\n- (b) if the person served a prison term for the conviction—the person’s release from prison.","sortOrder":1020},{"sectionNumber":"sec.710","sectionType":"section","heading":"Leave or fixing of disqualification period does not affect division","content":"### sec.710 Leave or fixing of disqualification period does not affect division\n\nThe granting of leave, or the fixing of a disqualification period for a conviction, under this subdivision does not affect the operation of this division for another conviction.","sortOrder":1021},{"sectionNumber":"sec.711","sectionType":"section","heading":"Declaration about eligibility or ceasing to hold office","content":"### sec.711 Declaration about eligibility or ceasing to hold office\n\nAn organisation, a member of the organisation or the registrar may apply to the court for a declaration that, because of this division, a person—\nis not, or was not, eligible to be a candidate or to be elected to an office for the organisation; or\nhas ceased to hold an office for the organisation.\nDespite anything in the organisation’s rules, the court may make an order it considers appropriate to give effect to the declaration.\n(sec.711-ssec.1) An organisation, a member of the organisation or the registrar may apply to the court for a declaration that, because of this division, a person— is not, or was not, eligible to be a candidate or to be elected to an office for the organisation; or has ceased to hold an office for the organisation.\n(sec.711-ssec.2) Despite anything in the organisation’s rules, the court may make an order it considers appropriate to give effect to the declaration.\n- (a) is not, or was not, eligible to be a candidate or to be elected to an office for the organisation; or\n- (b) has ceased to hold an office for the organisation.","sortOrder":1022},{"sectionNumber":"sec.712","sectionType":"section","heading":"Certificate evidence for division","content":"### sec.712 Certificate evidence for division\n\nFor an application under this division, a certificate stating the following about a person and purporting to be by an appropriate officer of a court of the State or another jurisdiction is evidence the person was—\nconvicted by the court of a stated offence on a stated day;\nacquitted by the court of a stated offence, or that a stated charge against the person was dismissed by the court, on a stated day.\nA certificate purporting to be by a person in charge of a prison is evidence that a stated person was released from the prison on a stated day.\nIn this section—\nappropriate officer , of a court, means a registrar or other officer with registration functions for the court.\n(sec.712-ssec.1) For an application under this division, a certificate stating the following about a person and purporting to be by an appropriate officer of a court of the State or another jurisdiction is evidence the person was— convicted by the court of a stated offence on a stated day; acquitted by the court of a stated offence, or that a stated charge against the person was dismissed by the court, on a stated day.\n(sec.712-ssec.2) A certificate purporting to be by a person in charge of a prison is evidence that a stated person was released from the prison on a stated day.\n(sec.712-ssec.3) In this section— appropriate officer , of a court, means a registrar or other officer with registration functions for the court.\n- (a) convicted by the court of a stated offence on a stated day;\n- (b) acquitted by the court of a stated offence, or that a stated charge against the person was dismissed by the court, on a stated day.","sortOrder":1023},{"sectionNumber":"ch.12-pt.9-div.3","sectionType":"division","heading":"Officers’ duties","content":"## Officers’ duties","sortOrder":1024},{"sectionNumber":"sec.713","sectionType":"section","heading":"Application of division","content":"### sec.713 Application of division\n\nThis division applies to an officer of an organisation in the performance of the officer’s functions or the exercise of the officer’s powers.","sortOrder":1025},{"sectionNumber":"sec.714","sectionType":"section","heading":"Duty of honesty, good faith and proper purpose","content":"### sec.714 Duty of honesty, good faith and proper purpose\n\nThe officer must act—\nhonestly; and\nin good faith in the best interests of the organisation; and\nfor a proper purpose.\nMaximum penalty—3,091 penalty units or 5 years imprisonment.\n- (a) honestly; and\n- (b) in good faith in the best interests of the organisation; and\n- (c) for a proper purpose.","sortOrder":1026},{"sectionNumber":"sec.715","sectionType":"section","heading":"Duty of reasonable care and diligence","content":"### sec.715 Duty of reasonable care and diligence\n\nThe officer must exercise the degree of care and diligence that a reasonable person in the officer’s position would be reasonably expected to exercise.\nMaximum penalty—3,091 penalty units or 5 years imprisonment.","sortOrder":1027},{"sectionNumber":"sec.716","sectionType":"section","heading":"Officers with material personal interests","content":"### sec.716 Officers with material personal interests\n\nThis section applies if the officer has a material personal interest in a matter involving the organisation’s financial management or procurement activities.\nThe officer must, by written notice (a disclosure notice ), disclose the nature of the interest to the organisation’s management committee as soon as practicable after the relevant facts come to the officer’s knowledge.\nMaximum penalty—3,091 penalty units or 5 years imprisonment.\nIf the matter is to be considered at a meeting of the organisation or a committee of the organisation at which the officer is present, the officer must not—\nvote on the matter; or\nremain at the meeting when the matter is being considered or voted on.\nMaximum penalty—3,091 penalty units or 5 years imprisonment.\nIn this section—\nprocurement activities means activities relating to—\nthe purchase of goods and services; or\nthe carrying out of work.\nservices includes auditing services and legal services.\n(sec.716-ssec.1) This section applies if the officer has a material personal interest in a matter involving the organisation’s financial management or procurement activities.\n(sec.716-ssec.2) The officer must, by written notice (a disclosure notice ), disclose the nature of the interest to the organisation’s management committee as soon as practicable after the relevant facts come to the officer’s knowledge. Maximum penalty—3,091 penalty units or 5 years imprisonment.\n(sec.716-ssec.3) If the matter is to be considered at a meeting of the organisation or a committee of the organisation at which the officer is present, the officer must not— vote on the matter; or remain at the meeting when the matter is being considered or voted on. Maximum penalty—3,091 penalty units or 5 years imprisonment.\n(sec.716-ssec.4) In this section— procurement activities means activities relating to— the purchase of goods and services; or the carrying out of work. services includes auditing services and legal services.\n- (a) vote on the matter; or\n- (b) remain at the meeting when the matter is being considered or voted on.\n- (a) the purchase of goods and services; or\n- (b) the carrying out of work.","sortOrder":1028},{"sectionNumber":"sec.717","sectionType":"section","heading":"Other duties not affected","content":"### sec.717 Other duties not affected\n\nThis division does not—\nlimit a law about the exercise of an officer’s powers or performance of an officer’s functions; or\nprevent the taking of proceedings about a contravention of an officer’s duty to an organisation.\n- (a) limit a law about the exercise of an officer’s powers or performance of an officer’s functions; or\n- (b) prevent the taking of proceedings about a contravention of an officer’s duty to an organisation.","sortOrder":1029},{"sectionNumber":"ch.12-pt.10","sectionType":"part","heading":"Membership","content":"# Membership","sortOrder":1030},{"sectionNumber":"ch.12-pt.10-div.1","sectionType":"division","heading":"Eligibility and admission to membership","content":"## Eligibility and admission to membership","sortOrder":1031},{"sectionNumber":"sec.718","sectionType":"section","heading":"Eligibility","content":"### sec.718 Eligibility\n\nA person is eligible to become a member of an organisation if the person—\nby the nature of the person’s occupation or employment, engages in a calling for which the organisation is registered; and\ncomplies with the organisation’s rules about membership.\n- (a) by the nature of the person’s occupation or employment, engages in a calling for which the organisation is registered; and\n- (b) complies with the organisation’s rules about membership.","sortOrder":1032},{"sectionNumber":"sec.719","sectionType":"section","heading":"Obligation to admit","content":"### sec.719 Obligation to admit\n\nAn organisation must admit to membership a person who is eligible to become a member—\nwithin 3 months after the person applies to become a member; or\nif a question or dispute has, within the 3 months, been referred to the commission for decision under division 2 —within 1 month after the commission decides the person is, or is eligible to become, a member.\nMaximum penalty—100 penalty units\nIn this section—\nadmit to membership means—\ndo what is necessary under the organisation’s rules to ensure the person is a member of the organisation; or\nrecord in the organisation’s members register the particulars required under section 733 for the person’s membership of the organisation.\n(sec.719-ssec.1) An organisation must admit to membership a person who is eligible to become a member— within 3 months after the person applies to become a member; or if a question or dispute has, within the 3 months, been referred to the commission for decision under division 2 —within 1 month after the commission decides the person is, or is eligible to become, a member. Maximum penalty—100 penalty units\n(sec.719-ssec.2) In this section— admit to membership means— do what is necessary under the organisation’s rules to ensure the person is a member of the organisation; or record in the organisation’s members register the particulars required under section 733 for the person’s membership of the organisation.\n- (a) within 3 months after the person applies to become a member; or\n- (b) if a question or dispute has, within the 3 months, been referred to the commission for decision under division 2 —within 1 month after the commission decides the person is, or is eligible to become, a member.\n- (a) do what is necessary under the organisation’s rules to ensure the person is a member of the organisation; or\n- (b) record in the organisation’s members register the particulars required under section 733 for the person’s membership of the organisation.","sortOrder":1033},{"sectionNumber":"sec.720","sectionType":"section","heading":"Obligation to give union card","content":"### sec.720 Obligation to give union card\n\nIf a person is admitted to membership of an organisation or a person’s membership of an organisation is renewed, the organisation must give a union card to the person as soon as practicable after the admission or renewal.\nMaximum penalty—100 penalty units.\nThe giving of a union card under this section does not prevent the organisation making an application under division 2 or the commission making a decision or order under division 2 .\nIn this section—\nunion card means a document issued by an organisation acknowledging a person is a member of the organisation.\n(sec.720-ssec.1) If a person is admitted to membership of an organisation or a person’s membership of an organisation is renewed, the organisation must give a union card to the person as soon as practicable after the admission or renewal. Maximum penalty—100 penalty units.\n(sec.720-ssec.2) The giving of a union card under this section does not prevent the organisation making an application under division 2 or the commission making a decision or order under division 2 .\n(sec.720-ssec.3) In this section— union card means a document issued by an organisation acknowledging a person is a member of the organisation.","sortOrder":1034},{"sectionNumber":"sec.721","sectionType":"section","heading":"Children","content":"### sec.721 Children\n\nA child—\nmay be or become a member of an organisation, unless its rules provide otherwise; and\nif the child is a member of an organisation—\nhas the rights of a member of an organisation under this part and the organisation’s rules; and\nmay execute instruments and give receipts under the rules.\n- (a) may be or become a member of an organisation, unless its rules provide otherwise; and\n- (b) if the child is a member of an organisation— (i) has the rights of a member of an organisation under this part and the organisation’s rules; and (ii) may execute instruments and give receipts under the rules.\n- (i) has the rights of a member of an organisation under this part and the organisation’s rules; and\n- (ii) may execute instruments and give receipts under the rules.\n- (i) has the rights of a member of an organisation under this part and the organisation’s rules; and\n- (ii) may execute instruments and give receipts under the rules.","sortOrder":1035},{"sectionNumber":"ch.12-pt.10-div.2","sectionType":"division","heading":"Membership disputes","content":"## Membership disputes","sortOrder":1036},{"sectionNumber":"sec.722","sectionType":"section","heading":"Commission may decide","content":"### sec.722 Commission may decide\n\nThe commission may, on the application of an organisation or a person who has applied for membership of an organisation, decide a question or dispute about the following—\nwhether a person is, or is eligible to become, a member of the organisation;\nwhen a person became a member or must be treated by the organisation and its members as if the person had become a member;\nthe qualifications of a membership applicant;\nthe reasonableness of a membership subscription, fine or levy, or other requirement of its members, for the organisation under its rules.\n- (a) whether a person is, or is eligible to become, a member of the organisation;\n- (b) when a person became a member or must be treated by the organisation and its members as if the person had become a member;\n- (c) the qualifications of a membership applicant;\n- (d) the reasonableness of a membership subscription, fine or levy, or other requirement of its members, for the organisation under its rules.","sortOrder":1037},{"sectionNumber":"sec.723","sectionType":"section","heading":"Deciding application","content":"### sec.723 Deciding application\n\nOn hearing the application, the commission may do any of the following—\ndeclare a person is or is not a member of the organisation;\ndecide a membership applicant may become a member of the organisation;\norder the organisation to admit a membership applicant to its membership and record the applicant as a member in its members register;\norder the organisation to treat an applicant for membership as if the applicant had been a member of the organisation from a stated day;\norder an amendment or repeal of a rule of the organisation.\n- (a) declare a person is or is not a member of the organisation;\n- (b) decide a membership applicant may become a member of the organisation;\n- (c) order the organisation to admit a membership applicant to its membership and record the applicant as a member in its members register;\n- (d) order the organisation to treat an applicant for membership as if the applicant had been a member of the organisation from a stated day;\n- (e) order an amendment or repeal of a rule of the organisation.","sortOrder":1038},{"sectionNumber":"ch.12-pt.10-div.3","sectionType":"division","heading":"Membership subscriptions","content":"## Membership subscriptions","sortOrder":1039},{"sectionNumber":"sec.724","sectionType":"section","heading":"Obligation to give receipt","content":"### sec.724 Obligation to give receipt\n\nThis section applies if a person pays an organisation a membership subscription for the person’s membership or membership renewal of the organisation.\nThe organisation must give the person a written receipt for the payment within 1 month after the payment was made.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.724-ssec.1) This section applies if a person pays an organisation a membership subscription for the person’s membership or membership renewal of the organisation.\n(sec.724-ssec.2) The organisation must give the person a written receipt for the payment within 1 month after the payment was made. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":1040},{"sectionNumber":"ch.12-pt.10-div.4","sectionType":"division","heading":"Resignation","content":"## Resignation","sortOrder":1041},{"sectionNumber":"sec.725","sectionType":"section","heading":"Division applies despite rules","content":"### sec.725 Division applies despite rules\n\nThis division applies despite an organisation’s rules.","sortOrder":1042},{"sectionNumber":"sec.726","sectionType":"section","heading":"Resignation","content":"### sec.726 Resignation\n\nA member of an organisation may resign from membership of the organisation under this section or the organisation’s rules.\nThe person’s membership ends if the person gives the organisation a notice stating the person resigns from the organisation.\nThe person’s membership ends—\nif the notice states a day or time after the notice is given when the resignation takes effect—on the day or time; or\notherwise—when the notice is given.\n(sec.726-ssec.1) A member of an organisation may resign from membership of the organisation under this section or the organisation’s rules.\n(sec.726-ssec.2) The person’s membership ends if the person gives the organisation a notice stating the person resigns from the organisation.\n(sec.726-ssec.3) The person’s membership ends— if the notice states a day or time after the notice is given when the resignation takes effect—on the day or time; or otherwise—when the notice is given.\n- (a) if the notice states a day or time after the notice is given when the resignation takes effect—on the day or time; or\n- (b) otherwise—when the notice is given.","sortOrder":1043},{"sectionNumber":"sec.727","sectionType":"section","heading":"Resignation if membership subscription unpaid for 2 years","content":"### sec.727 Resignation if membership subscription unpaid for 2 years\n\nA person’s membership of an organisation ends if the person—\nowes the organisation a membership subscription; and\nhas owed the subscription for 2 years.\nFor subsection (1) , a person is taken not to owe a subscription if the person has—\nentered into an agreement with the organisation to pay the subscription; and\ncomplied with, and continues to comply with, the agreement.\n(sec.727-ssec.1) A person’s membership of an organisation ends if the person— owes the organisation a membership subscription; and has owed the subscription for 2 years.\n(sec.727-ssec.2) For subsection (1) , a person is taken not to owe a subscription if the person has— entered into an agreement with the organisation to pay the subscription; and complied with, and continues to comply with, the agreement.\n- (a) owes the organisation a membership subscription; and\n- (b) has owed the subscription for 2 years.\n- (a) entered into an agreement with the organisation to pay the subscription; and\n- (b) complied with, and continues to comply with, the agreement.","sortOrder":1044},{"sectionNumber":"ch.12-pt.10-div.5","sectionType":"division","heading":"Liabilities of member to organisation","content":"## Liabilities of member to organisation","sortOrder":1045},{"sectionNumber":"sec.728","sectionType":"section","heading":"Meaning of member’s liability for division","content":"### sec.728 Meaning of member’s liability for division\n\nIn this division, a member’s liability to an organisation means an amount payable to the organisation under its rules by a member or former member of the organisation.\nmembership fee\nfine\nlevy\nsubscription\n- • membership fee\n- • fine\n- • levy\n- • subscription","sortOrder":1046},{"sectionNumber":"sec.729","sectionType":"section","heading":"Recovering member’s liabilities","content":"### sec.729 Recovering member’s liabilities\n\nA member’s liability to an organisation may only be sued for and recovered before a magistrate.\nProceedings to recover a member’s liability to an organisation must be started within 3 years from when the member’s liability first become payable.\nIf proceedings to recover a member’s liability to an organisation are not started under subsection (2) , the member’s liability is not recoverable.\n(sec.729-ssec.1) A member’s liability to an organisation may only be sued for and recovered before a magistrate.\n(sec.729-ssec.2) Proceedings to recover a member’s liability to an organisation must be started within 3 years from when the member’s liability first become payable.\n(sec.729-ssec.3) If proceedings to recover a member’s liability to an organisation are not started under subsection (2) , the member’s liability is not recoverable.","sortOrder":1047},{"sectionNumber":"sec.730","sectionType":"section","heading":"Limit on liability after resignation","content":"### sec.730 Limit on liability after resignation\n\nIf a person’s membership of an organisation has ended, the person—\ncontinues to be liable for a member’s liability that—\nbecame payable within 1 year before the membership ended; and\nis recoverable under section 729 ; and\nis not liable for a member’s liability that became payable—\nmore than 1 year before the membership ended; or\nafter the membership ended.\n- (a) continues to be liable for a member’s liability that— (i) became payable within 1 year before the membership ended; and (ii) is recoverable under section 729 ; and\n- (i) became payable within 1 year before the membership ended; and\n- (ii) is recoverable under section 729 ; and\n- (b) is not liable for a member’s liability that became payable— (i) more than 1 year before the membership ended; or (ii) after the membership ended.\n- (i) more than 1 year before the membership ended; or\n- (ii) after the membership ended.\n- (i) became payable within 1 year before the membership ended; and\n- (ii) is recoverable under section 729 ; and\n- (i) more than 1 year before the membership ended; or\n- (ii) after the membership ended.","sortOrder":1048},{"sectionNumber":"ch.12-pt.11","sectionType":"part","heading":"Records and accounts","content":"# Records and accounts","sortOrder":1049},{"sectionNumber":"ch.12-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1050},{"sectionNumber":"sec.731","sectionType":"section","heading":"Definitions for part","content":"### sec.731 Definitions for part\n\nIn this part—\nloans, grants and donations register , for a financial year of an organisation, means the register of loans, grants and donations the organisation is required under section 748 to keep relation to the financial year.\nremuneration register , for a financial year of an organisation, means the remuneration register the organisation is required under section 746 to prepare for the financial year.","sortOrder":1051},{"sectionNumber":"ch.12-pt.11-div.2","sectionType":"division","heading":"Registers of members and officers","content":"## Registers of members and officers","sortOrder":1052},{"sectionNumber":"sec.732","sectionType":"section","heading":"Members register and officers register","content":"### sec.732 Members register and officers register\n\nAn organisation must, for each year, keep a written register (the members register ) stating each person who is or was a member of the organisation during the whole or part of the year.\nMaximum penalty—40 penalty units.\nAn organisation must, for each year, keep a written register (the officers register ) stating each person who is or was an officer of the organisation during the whole or part of the year.\nMaximum penalty—40 penalty units.\n(sec.732-ssec.1) An organisation must, for each year, keep a written register (the members register ) stating each person who is or was a member of the organisation during the whole or part of the year. Maximum penalty—40 penalty units.\n(sec.732-ssec.2) An organisation must, for each year, keep a written register (the officers register ) stating each person who is or was an officer of the organisation during the whole or part of the year. Maximum penalty—40 penalty units.","sortOrder":1053},{"sectionNumber":"sec.733","sectionType":"section","heading":"Requirements for members register","content":"### sec.733 Requirements for members register\n\nAn organisation must record in the members register the following for each person who is or was a member of the organisation during the whole or part of the year—\nthe person’s name;\nfor an employee organisation—the person’s residential address;\nfor an employer organisation—the person’s business address;\nthe day the person became a member;\nif the person’s membership ends—the day it ended.\nMaximum penalty—40 penalty units.\nIf an organisation has more than 100 members, it must keep the members register in a way that allows the names recorded in the register to be read alphabetically.\nMaximum penalty—40 penalty units.\n(sec.733-ssec.1) An organisation must record in the members register the following for each person who is or was a member of the organisation during the whole or part of the year— the person’s name; for an employee organisation—the person’s residential address; for an employer organisation—the person’s business address; the day the person became a member; if the person’s membership ends—the day it ended. Maximum penalty—40 penalty units.\n(sec.733-ssec.2) If an organisation has more than 100 members, it must keep the members register in a way that allows the names recorded in the register to be read alphabetically. Maximum penalty—40 penalty units.\n- (a) the person’s name;\n- (b) for an employee organisation—the person’s residential address;\n- (c) for an employer organisation—the person’s business address;\n- (d) the day the person became a member;\n- (e) if the person’s membership ends—the day it ended.","sortOrder":1054},{"sectionNumber":"sec.734","sectionType":"section","heading":"Officers register—required particulars","content":"### sec.734 Officers register—required particulars\n\nAn organisation must record in the officers register the following for each person who is or was an officer of the organisation during the whole or part of the year—\nthe person’s name and address;\neach office the person holds or held;\nthe day the person was elected or appointed to each office;\nif the person ceases to hold an office—the day the office holding ceased.\nMaximum penalty—40 penalty units.\n- (a) the person’s name and address;\n- (b) each office the person holds or held;\n- (c) the day the person was elected or appointed to each office;\n- (d) if the person ceases to hold an office—the day the office holding ceased.","sortOrder":1055},{"sectionNumber":"sec.735","sectionType":"section","heading":"Annual obligation to file officers register","content":"### sec.735 Annual obligation to file officers register\n\nAn organisation must, before 31 March in each year, file a copy of its officers register as at the start of the year.\nMaximum penalty—40 penalty units.","sortOrder":1056},{"sectionNumber":"sec.736","sectionType":"section","heading":"Obligation to file officers register on change of office holder","content":"### sec.736 Obligation to file officers register on change of office holder\n\nAn organisation must file a copy of its officers register within 30 days after a person becomes or ceases to be an officer of the organisation.\nMaximum penalty—40 penalty units.","sortOrder":1057},{"sectionNumber":"sec.737","sectionType":"section","heading":"Inspection of registers","content":"### sec.737 Inspection of registers\n\nWhen an organisation’s office is open for business, its members register and officers register must be open for inspection, free of charge, at the office by—\nthe registrar, or a person with the registrar’s written authority; or\nthe organisation’s members, or a person with a member’s written authority.\nA copy of an organisation’s officers register filed with the registrar may be inspected by any person who pays the fee prescribed under the rules of court.\n(sec.737-ssec.1) When an organisation’s office is open for business, its members register and officers register must be open for inspection, free of charge, at the office by— the registrar, or a person with the registrar’s written authority; or the organisation’s members, or a person with a member’s written authority.\n(sec.737-ssec.2) A copy of an organisation’s officers register filed with the registrar may be inspected by any person who pays the fee prescribed under the rules of court.\n- (a) the registrar, or a person with the registrar’s written authority; or\n- (b) the organisation’s members, or a person with a member’s written authority.","sortOrder":1058},{"sectionNumber":"sec.738","sectionType":"section","heading":"Registrar’s directions about registers","content":"### sec.738 Registrar’s directions about registers\n\nThe registrar may give a written direction to an organisation to—\ngive the registrar its members register or officers register; or\ncorrect its members register or officers register in a stated way the registrar considers is necessary to ensure compliance with this part.\nThe organisation must comply with the direction, unless it has a reasonable excuse for not complying with the direction.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.738-ssec.1) The registrar may give a written direction to an organisation to— give the registrar its members register or officers register; or correct its members register or officers register in a stated way the registrar considers is necessary to ensure compliance with this part.\n(sec.738-ssec.2) The organisation must comply with the direction, unless it has a reasonable excuse for not complying with the direction. Maximum penalty for subsection (2) —40 penalty units.\n- (a) give the registrar its members register or officers register; or\n- (b) correct its members register or officers register in a stated way the registrar considers is necessary to ensure compliance with this part.","sortOrder":1059},{"sectionNumber":"sec.739","sectionType":"section","heading":"Members and officers registers to be kept for 7 years","content":"### sec.739 Members and officers registers to be kept for 7 years\n\nAn organisation must keep each members register kept by it for at least 7 years after the period to which the register relates.\nMaximum penalty—40 penalty units.\nAn organisation must keep each officers register kept by it for at least 7 years after the period to which the register relates.\nMaximum penalty—40 penalty units.\n(sec.739-ssec.1) An organisation must keep each members register kept by it for at least 7 years after the period to which the register relates. Maximum penalty—40 penalty units.\n(sec.739-ssec.2) An organisation must keep each officers register kept by it for at least 7 years after the period to which the register relates. Maximum penalty—40 penalty units.","sortOrder":1060},{"sectionNumber":"ch.12-pt.11-div.3","sectionType":"division","heading":"Financial policies, training and registers","content":"## Financial policies, training and registers","sortOrder":1061},{"sectionNumber":"sec.740","sectionType":"section","heading":"Financial policies","content":"### sec.740 Financial policies\n\nAn organisation must have a policy, complying with the requirements prescribed by regulation, for each of the following—\ndecision-making about, and reporting of, the organisation’s financial matters;\nauthorisations and delegations relating to the organisation’s spending;\nthe organisation’s credit cards, including—\nissuing, using and cancelling credit cards; and\naccountability for, reporting about, and audit of, the use of credit cards;\nthe organisation’s contracting activities, including the following—\ntender and selection processes;\nreviewing significant contracts;\ndisclosing the identity of, and arrangements with, key service providers;\ntravel and accommodation, including—\nspending by the organisation; and\nreceipt of hospitality benefits by its officers or employees from other entities;\nspending on, and receipt of, entertainment and hospitality;\nproviding food or beverages to a person visiting the organisation in an official capacity\nproviding food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons\npaying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations\ngifts, including giving, receiving and disposing of gifts;\nhow complaints about financial matters are dealt with;\nanother matter relating to the financial management or accountability of the organisation prescribed by regulation.\nMaximum penalty—85 penalty units.\nIn this section—\ncontracting activities means activities for the making of a contract for—\nthe carrying out of work; or\nthe supply of goods or services; or\nthe lease of land; or\nthe disposal of assets.\n(sec.740-ssec.1) An organisation must have a policy, complying with the requirements prescribed by regulation, for each of the following— decision-making about, and reporting of, the organisation’s financial matters; authorisations and delegations relating to the organisation’s spending; the organisation’s credit cards, including— issuing, using and cancelling credit cards; and accountability for, reporting about, and audit of, the use of credit cards; the organisation’s contracting activities, including the following— tender and selection processes; reviewing significant contracts; disclosing the identity of, and arrangements with, key service providers; travel and accommodation, including— spending by the organisation; and receipt of hospitality benefits by its officers or employees from other entities; spending on, and receipt of, entertainment and hospitality; providing food or beverages to a person visiting the organisation in an official capacity providing food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons paying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations gifts, including giving, receiving and disposing of gifts; how complaints about financial matters are dealt with; another matter relating to the financial management or accountability of the organisation prescribed by regulation. Maximum penalty—85 penalty units.\n(sec.740-ssec.2) In this section— contracting activities means activities for the making of a contract for— the carrying out of work; or the supply of goods or services; or the lease of land; or the disposal of assets.\n- (a) decision-making about, and reporting of, the organisation’s financial matters;\n- (b) authorisations and delegations relating to the organisation’s spending;\n- (c) the organisation’s credit cards, including— (i) issuing, using and cancelling credit cards; and (ii) accountability for, reporting about, and audit of, the use of credit cards;\n- (i) issuing, using and cancelling credit cards; and\n- (ii) accountability for, reporting about, and audit of, the use of credit cards;\n- (d) the organisation’s contracting activities, including the following— (i) tender and selection processes; (ii) reviewing significant contracts; (iii) disclosing the identity of, and arrangements with, key service providers;\n- (i) tender and selection processes;\n- (ii) reviewing significant contracts;\n- (iii) disclosing the identity of, and arrangements with, key service providers;\n- (e) travel and accommodation, including— (i) spending by the organisation; and (ii) receipt of hospitality benefits by its officers or employees from other entities;\n- (i) spending by the organisation; and\n- (ii) receipt of hospitality benefits by its officers or employees from other entities;\n- (f) spending on, and receipt of, entertainment and hospitality; Examples of entertainment and hospitality— • providing food or beverages to a person visiting the organisation in an official capacity • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons • paying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations\n- • providing food or beverages to a person visiting the organisation in an official capacity\n- • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons\n- • paying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations\n- (g) gifts, including giving, receiving and disposing of gifts;\n- (h) how complaints about financial matters are dealt with;\n- (i) another matter relating to the financial management or accountability of the organisation prescribed by regulation.\n- (i) issuing, using and cancelling credit cards; and\n- (ii) accountability for, reporting about, and audit of, the use of credit cards;\n- (i) tender and selection processes;\n- (ii) reviewing significant contracts;\n- (iii) disclosing the identity of, and arrangements with, key service providers;\n- (i) spending by the organisation; and\n- (ii) receipt of hospitality benefits by its officers or employees from other entities;\n- • providing food or beverages to a person visiting the organisation in an official capacity\n- • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum held by the organisation for its officers, members, employees or other persons\n- • paying for an officer or employee of the organisation to attend a function as part of the officer’s or employee’s official duties or obligations\n- (a) the carrying out of work; or\n- (b) the supply of goods or services; or\n- (c) the lease of land; or\n- (d) the disposal of assets.","sortOrder":1062},{"sectionNumber":"sec.741","sectionType":"section","heading":"Financial management training","content":"### sec.741 Financial management training\n\nThis section applies if the registrar approves financial management training for this section.\nThe organisation must ensure each of its financial management officers completes, within 6 months after the relevant day—\nthe approved financial management training; or\ntraining approved by—\nthe general manager of the Fair Work Commission; and\nthe registrar for the purposes of this section.\nMaximum penalty—40 penalty units.\nSubsection (2) does not apply in relation to a financial management officer who is exempt under subsection (4) .\nThe registrar may exempt a financial management officer from completing training mentioned in subsection (2) if satisfied the officer—\nholds relevant or suitable qualifications in financial management; or\nis a member of an appropriate professional body for financial managers; or\nhas sufficient relevant experience in financial management; or\nhas completed training required by the Commonwealth Registered Organisations Act that corresponds, or substantially corresponds, with the training mentioned in subsection (2) .\nThe registrar must publish information about financial management training approved for this section on the QIRC website.\nIn this section—\nfinancial management officer , for an organisation, means an officer who holds an office that includes performing functions or exercising powers relating to the organisation’s financial management.\nrelevant day means—\nif the officer is a financial management officer on the day the training is approved—that day; or\notherwise—the day the officer becomes, or again becomes, a financial management officer.\n(sec.741-ssec.1) This section applies if the registrar approves financial management training for this section.\n(sec.741-ssec.2) The organisation must ensure each of its financial management officers completes, within 6 months after the relevant day— the approved financial management training; or training approved by— the general manager of the Fair Work Commission; and the registrar for the purposes of this section. Maximum penalty—40 penalty units.\n(sec.741-ssec.3) Subsection (2) does not apply in relation to a financial management officer who is exempt under subsection (4) .\n(sec.741-ssec.4) The registrar may exempt a financial management officer from completing training mentioned in subsection (2) if satisfied the officer— holds relevant or suitable qualifications in financial management; or is a member of an appropriate professional body for financial managers; or has sufficient relevant experience in financial management; or has completed training required by the Commonwealth Registered Organisations Act that corresponds, or substantially corresponds, with the training mentioned in subsection (2) .\n(sec.741-ssec.5) The registrar must publish information about financial management training approved for this section on the QIRC website.\n(sec.741-ssec.6) In this section— financial management officer , for an organisation, means an officer who holds an office that includes performing functions or exercising powers relating to the organisation’s financial management. relevant day means— if the officer is a financial management officer on the day the training is approved—that day; or otherwise—the day the officer becomes, or again becomes, a financial management officer.\n- (a) the approved financial management training; or\n- (b) training approved by— (i) the general manager of the Fair Work Commission; and (ii) the registrar for the purposes of this section.\n- (i) the general manager of the Fair Work Commission; and\n- (ii) the registrar for the purposes of this section.\n- (i) the general manager of the Fair Work Commission; and\n- (ii) the registrar for the purposes of this section.\n- (a) holds relevant or suitable qualifications in financial management; or\n- (b) is a member of an appropriate professional body for financial managers; or\n- (c) has sufficient relevant experience in financial management; or\n- (d) has completed training required by the Commonwealth Registered Organisations Act that corresponds, or substantially corresponds, with the training mentioned in subsection (2) .\n- (a) if the officer is a financial management officer on the day the training is approved—that day; or\n- (b) otherwise—the day the officer becomes, or again becomes, a financial management officer.","sortOrder":1063},{"sectionNumber":"sec.742","sectionType":"section","heading":"Register of gifts, hospitality and other benefits given and received must be kept","content":"### sec.742 Register of gifts, hospitality and other benefits given and received must be kept\n\nAn organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (2) for each of the following (each a benefit )—\nany of the following given in the year by the organisation to a person other than an officer or employee of the organisation—\na gift that has a value of more than—\n$150; or\nif a higher value is prescribed by regulation—the higher value;\na contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;\nan amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given—\nas remuneration; or\nfor the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;\nany of the following received in the year by an officer or employee of the organisation from an entity other than the organisation—\na gift received by the officer or employee in an official capacity that has a value of more than—\n$150; or\nif a higher value is prescribed by regulation—the higher value;\na sponsored hospitality benefit.\nMaximum penalty—40 penalty units.\nThe register must state the following particulars for each benefit—\nthe name of the recipient of the benefit;\nthe name of the entity who gave the benefit;\na description of the benefit;\nthe value of the benefit;\nthe date the benefit was given.\nIf an officer or employee of the organisation receives a benefit mentioned in subsection (1) (c) , the officer or employee must, within 30 days after the receipt, notify the organisation of the receipt.\nMaximum penalty—40 penalty units.\nFor subsection (1) (c) , a person does not receive a gift in an official capacity if—\nthe gift was given to the person by another person who is the first person’s spouse, other family member or friend; and\nthere could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.\nAn organisation must keep each register of benefits kept by it for at least 7 years after the period to which the register relates.\nMaximum penalty—40 penalty units.\n(sec.742-ssec.1) An organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (2) for each of the following (each a benefit )— any of the following given in the year by the organisation to a person other than an officer or employee of the organisation— a gift that has a value of more than— $150; or if a higher value is prescribed by regulation—the higher value; a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person; an amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given— as remuneration; or for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity; any of the following received in the year by an officer or employee of the organisation from an entity other than the organisation— a gift received by the officer or employee in an official capacity that has a value of more than— $150; or if a higher value is prescribed by regulation—the higher value; a sponsored hospitality benefit. Maximum penalty—40 penalty units.\n(sec.742-ssec.2) The register must state the following particulars for each benefit— the name of the recipient of the benefit; the name of the entity who gave the benefit; a description of the benefit; the value of the benefit; the date the benefit was given.\n(sec.742-ssec.3) If an officer or employee of the organisation receives a benefit mentioned in subsection (1) (c) , the officer or employee must, within 30 days after the receipt, notify the organisation of the receipt. Maximum penalty—40 penalty units.\n(sec.742-ssec.4) For subsection (1) (c) , a person does not receive a gift in an official capacity if— the gift was given to the person by another person who is the first person’s spouse, other family member or friend; and there could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.\n(sec.742-ssec.5) An organisation must keep each register of benefits kept by it for at least 7 years after the period to which the register relates. Maximum penalty—40 penalty units.\n- (a) any of the following given in the year by the organisation to a person other than an officer or employee of the organisation— (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value; (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;\n- (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;\n- (b) an amount or a non-cash benefit given in the year by the organisation to an officer or employee, other than an amount or benefit given— (i) as remuneration; or (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;\n- (i) as remuneration; or\n- (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;\n- (c) any of the following received in the year by an officer or employee of the organisation from an entity other than the organisation— (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value; (ii) a sponsored hospitality benefit.\n- (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (ii) a sponsored hospitality benefit.\n- (i) a gift that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (ii) a contribution, whether financial or non-financial, for the cost of travel undertaken or accommodation used by the person;\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (i) as remuneration; or\n- (ii) for the costs of travel undertaken or accommodation used by the officer or employee in an official capacity;\n- (i) a gift received by the officer or employee in an official capacity that has a value of more than— (A) $150; or (B) if a higher value is prescribed by regulation—the higher value;\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (ii) a sponsored hospitality benefit.\n- (A) $150; or\n- (B) if a higher value is prescribed by regulation—the higher value;\n- (a) the name of the recipient of the benefit;\n- (b) the name of the entity who gave the benefit;\n- (c) a description of the benefit;\n- (d) the value of the benefit;\n- (e) the date the benefit was given.\n- (a) the gift was given to the person by another person who is the first person’s spouse, other family member or friend; and\n- (b) there could not be a perception of a conflict of interest, financial or otherwise, relating to the gift.","sortOrder":1064},{"sectionNumber":"sec.743","sectionType":"section","heading":"Material personal interests disclosure register","content":"### sec.743 Material personal interests disclosure register\n\nThis section applies if a disclosure notice is given to an organisation’s management committee by an officer of the organisation under section 716 .\nThe organisation must keep, for at least 7 years after the date the disclosure notice was given, a written register of the following for the disclosure notice—\nthe name of the officer;\nthe date the disclosure notice was given;\na copy of the disclosure notice.\nMaximum penalty—40 penalty units.\n(sec.743-ssec.1) This section applies if a disclosure notice is given to an organisation’s management committee by an officer of the organisation under section 716 .\n(sec.743-ssec.2) The organisation must keep, for at least 7 years after the date the disclosure notice was given, a written register of the following for the disclosure notice— the name of the officer; the date the disclosure notice was given; a copy of the disclosure notice. Maximum penalty—40 penalty units.\n- (a) the name of the officer;\n- (b) the date the disclosure notice was given;\n- (c) a copy of the disclosure notice.","sortOrder":1065},{"sectionNumber":"sec.744","sectionType":"section","heading":"Inspection of policies and registers","content":"### sec.744 Inspection of policies and registers\n\nA policy kept under section 740 , or a register kept under section 742 or 743 , by an organisation may be inspected by any of the following persons—\nthe registrar;\na member of the organisation’s management committee;\na member of the organisation;\nanother person permitted by law to inspect the policy or register.\nA person mentioned in subsection (1) may, in writing, ask the organisation to make the policy or register available for inspection, free of charge, during the organisation’s business hours.\nThe organisation must comply with a request made under subsection (2) .\nMaximum penalty—40 penalty units.\n(sec.744-ssec.1) A policy kept under section 740 , or a register kept under section 742 or 743 , by an organisation may be inspected by any of the following persons— the registrar; a member of the organisation’s management committee; a member of the organisation; another person permitted by law to inspect the policy or register.\n(sec.744-ssec.2) A person mentioned in subsection (1) may, in writing, ask the organisation to make the policy or register available for inspection, free of charge, during the organisation’s business hours.\n(sec.744-ssec.3) The organisation must comply with a request made under subsection (2) . Maximum penalty—40 penalty units.\n- (a) the registrar;\n- (b) a member of the organisation’s management committee;\n- (c) a member of the organisation;\n- (d) another person permitted by law to inspect the policy or register.","sortOrder":1066},{"sectionNumber":"ch.12-pt.11-div.4","sectionType":"division","heading":"Remuneration register","content":"## Remuneration register","sortOrder":1067},{"sectionNumber":"sec.745","sectionType":"section","heading":"Highest paid officers and board member officers of an organisation","content":"### sec.745 Highest paid officers and board member officers of an organisation\n\nFor this division—\nif an organisation has fewer than 5 officers in a financial year—all of the officers of the organisation are the highest paid officers of the organisation for the year; and\nif an organisation has 5 or more officers in a financial year—the 5 most highly paid officers of the organisation for the year are the highest paid officers of the organisation for the year; and\nan officer of an organisation is a board member officer of the organisation if the officer is a member of a board and—\nthe membership is a function of the officer’s office with the organisation; or\nthe organisation nominated the officer to be a member of the board.\nFor subsection (1) (b) , an officer of an organisation is more highly paid than another officer of the organisation for the initial year or a financial year if the first officer is paid more remuneration for the year than the other officer.\n(sec.745-ssec.1) For this division— if an organisation has fewer than 5 officers in a financial year—all of the officers of the organisation are the highest paid officers of the organisation for the year; and if an organisation has 5 or more officers in a financial year—the 5 most highly paid officers of the organisation for the year are the highest paid officers of the organisation for the year; and an officer of an organisation is a board member officer of the organisation if the officer is a member of a board and— the membership is a function of the officer’s office with the organisation; or the organisation nominated the officer to be a member of the board.\n(sec.745-ssec.2) For subsection (1) (b) , an officer of an organisation is more highly paid than another officer of the organisation for the initial year or a financial year if the first officer is paid more remuneration for the year than the other officer.\n- (a) if an organisation has fewer than 5 officers in a financial year—all of the officers of the organisation are the highest paid officers of the organisation for the year; and\n- (b) if an organisation has 5 or more officers in a financial year—the 5 most highly paid officers of the organisation for the year are the highest paid officers of the organisation for the year; and\n- (c) an officer of an organisation is a board member officer of the organisation if the officer is a member of a board and— (i) the membership is a function of the officer’s office with the organisation; or (ii) the organisation nominated the officer to be a member of the board.\n- (i) the membership is a function of the officer’s office with the organisation; or\n- (ii) the organisation nominated the officer to be a member of the board.\n- (i) the membership is a function of the officer’s office with the organisation; or\n- (ii) the organisation nominated the officer to be a member of the board.","sortOrder":1068},{"sectionNumber":"sec.746","sectionType":"section","heading":"Organisation must prepare remuneration register","content":"### sec.746 Organisation must prepare remuneration register\n\nAs soon as practicable after the end of each financial year, an organisation must prepare a remuneration register that complies with subsection (2) to the extent to which the particulars mentioned in the subsection are known to, or can be reasonably ascertained by, the organisation.\nMaximum penalty—20 penalty units.\nThe remuneration register must include the following information for each of the highest paid officers of the organisation for the preceding financial year—\nthe remuneration paid to the officer in the year;\nany non-cash benefit, including the value of the benefit, given to the officer by the organisation, other than as remuneration, in the year;\nany amount paid to the officer in the officer’s capacity as a board member officer in the year, other than an amount paid to the officer for the costs of travel or accommodation for the officer to attend a board meeting, unless the amount paid to the officer is given by the officer to the organisation.\n(sec.746-ssec.1) As soon as practicable after the end of each financial year, an organisation must prepare a remuneration register that complies with subsection (2) to the extent to which the particulars mentioned in the subsection are known to, or can be reasonably ascertained by, the organisation. Maximum penalty—20 penalty units.\n(sec.746-ssec.2) The remuneration register must include the following information for each of the highest paid officers of the organisation for the preceding financial year— the remuneration paid to the officer in the year; any non-cash benefit, including the value of the benefit, given to the officer by the organisation, other than as remuneration, in the year; any amount paid to the officer in the officer’s capacity as a board member officer in the year, other than an amount paid to the officer for the costs of travel or accommodation for the officer to attend a board meeting, unless the amount paid to the officer is given by the officer to the organisation.\n- (a) the remuneration paid to the officer in the year;\n- (b) any non-cash benefit, including the value of the benefit, given to the officer by the organisation, other than as remuneration, in the year;\n- (c) any amount paid to the officer in the officer’s capacity as a board member officer in the year, other than an amount paid to the officer for the costs of travel or accommodation for the officer to attend a board meeting, unless the amount paid to the officer is given by the officer to the organisation.","sortOrder":1069},{"sectionNumber":"sec.747","sectionType":"section","heading":"Remuneration register to be kept for 7 years","content":"### sec.747 Remuneration register to be kept for 7 years\n\nAn organisation must keep each remuneration register prepared by it for at least 7 years after the period to which the register relates.\nMaximum penalty—40 penalty units.","sortOrder":1070},{"sectionNumber":"ch.12-pt.11-div.5","sectionType":"division","heading":"Loans, grants and donations register","content":"## Loans, grants and donations register","sortOrder":1071},{"sectionNumber":"sec.748","sectionType":"section","heading":"Organisation must keep loans, grants and donations register","content":"### sec.748 Organisation must keep loans, grants and donations register\n\nAn organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (3) for each occasion it makes a loan, or gives a grant or donation, to an entity (each a payment ) of more than $1,000 in the year.\nMaximum penalty—40 penalty units.\nFor subsection (1) , a payment of more than $1,000 is made to an entity in a financial year if—\n1 or more payments are made to the entity in the financial year; and\nall of the payments added together are more than $1,000.\nThe register must state the following for each payment—\nthe amount of the payment and the reason for making it;\nif the payment was not a financial hardship payment—\nthe name and address of the entity to whom it was made; and\nif it was a loan—the arrangements to repay the loan.\n(sec.748-ssec.1) An organisation must, for each financial year, keep a written register stating the particulars mentioned in subsection (3) for each occasion it makes a loan, or gives a grant or donation, to an entity (each a payment ) of more than $1,000 in the year. Maximum penalty—40 penalty units.\n(sec.748-ssec.2) For subsection (1) , a payment of more than $1,000 is made to an entity in a financial year if— 1 or more payments are made to the entity in the financial year; and all of the payments added together are more than $1,000.\n(sec.748-ssec.3) The register must state the following for each payment— the amount of the payment and the reason for making it; if the payment was not a financial hardship payment— the name and address of the entity to whom it was made; and if it was a loan—the arrangements to repay the loan.\n- (a) 1 or more payments are made to the entity in the financial year; and\n- (b) all of the payments added together are more than $1,000.\n- (a) the amount of the payment and the reason for making it;\n- (b) if the payment was not a financial hardship payment— (i) the name and address of the entity to whom it was made; and (ii) if it was a loan—the arrangements to repay the loan.\n- (i) the name and address of the entity to whom it was made; and\n- (ii) if it was a loan—the arrangements to repay the loan.\n- (i) the name and address of the entity to whom it was made; and\n- (ii) if it was a loan—the arrangements to repay the loan.","sortOrder":1072},{"sectionNumber":"sec.749","sectionType":"section","heading":"Loans, grants and donations register to be kept for 7 years","content":"### sec.749 Loans, grants and donations register to be kept for 7 years\n\nAn organisation must keep each loans, grants and donations register kept by it for at least 7 years after the period to which the register relates.\nMaximum penalty—40 penalty units.","sortOrder":1073},{"sectionNumber":"ch.12-pt.11-div.6","sectionType":"division","heading":"Accounts and audit","content":"## Accounts and audit","sortOrder":1074},{"sectionNumber":"sec.750","sectionType":"section","heading":"Exemptions from certain Australian Accounting Standards","content":"### sec.750 Exemptions from certain Australian Accounting Standards\n\nThe registrar may, by written notice, decide that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\nIn considering whether a particular Australian Accounting Standard should not apply in relation to an organisation or organisations, the registrar must have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n(sec.750-ssec.1) The registrar may, by written notice, decide that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n(sec.750-ssec.2) In considering whether a particular Australian Accounting Standard should not apply in relation to an organisation or organisations, the registrar must have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.","sortOrder":1075},{"sectionNumber":"sec.751","sectionType":"section","heading":"Application of division","content":"### sec.751 Application of division\n\nThis division applies in relation to reporting units.","sortOrder":1076},{"sectionNumber":"sec.752","sectionType":"section","heading":"What is a reporting unit","content":"### sec.752 What is a reporting unit\n\nA reporting unit may be all of an organisation or a part of an organisation.\nIf an organisation is not divided into branches of the organisation, the reporting unit is all of the organisation.\nIf an organisation is divided into branches of the organisation, each branch will be a reporting unit unless a certificate issued by the registrar under section 755 stating that the organisation is, for compliance with this division, divided into reporting units on an alternative basis is in force.\nFor subsection (3) , the alternative basis on which the organisation may be divided into reporting units is—\nall of the organisation; or\na combination of 2 or more branches of the organisation.\nEach branch of an organisation must be in 1, and only 1, reporting unit.\nFor this division, so much of an organisation that is divided into branches of the organisation as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n(sec.752-ssec.1) A reporting unit may be all of an organisation or a part of an organisation.\n(sec.752-ssec.2) If an organisation is not divided into branches of the organisation, the reporting unit is all of the organisation.\n(sec.752-ssec.3) If an organisation is divided into branches of the organisation, each branch will be a reporting unit unless a certificate issued by the registrar under section 755 stating that the organisation is, for compliance with this division, divided into reporting units on an alternative basis is in force.\n(sec.752-ssec.4) For subsection (3) , the alternative basis on which the organisation may be divided into reporting units is— all of the organisation; or a combination of 2 or more branches of the organisation.\n(sec.752-ssec.5) Each branch of an organisation must be in 1, and only 1, reporting unit.\n(sec.752-ssec.6) For this division, so much of an organisation that is divided into branches of the organisation as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n- (a) all of the organisation; or\n- (b) a combination of 2 or more branches of the organisation.","sortOrder":1077},{"sectionNumber":"sec.753","sectionType":"section","heading":"Designated officers","content":"### sec.753 Designated officers\n\nA designated officer , for a reporting unit, is an officer of the reporting unit who, under the rules of the reporting unit, is responsible (whether alone or with others) for carrying out the functions necessary to enable the reporting unit to comply with this division.\nFor subsection (1) , an officer of a reporting unit is—\nif the reporting unit is all of an organisation—an officer for the organisation; or\nif a reporting unit is not all of an organisation—an officer of the branch, or one of the branches, that constitutes the reporting unit.\nIf a provision of this division requires a designated officer to perform a function, the rules of the reporting unit must identify an officer as the designated officer for the performance of the function.\nIf the rules of the reporting unit do not identify an officer as the designated officer for the performance of a function, the designated officer for the performance of that function is taken to be the secretary of the organisation.\n(sec.753-ssec.1) A designated officer , for a reporting unit, is an officer of the reporting unit who, under the rules of the reporting unit, is responsible (whether alone or with others) for carrying out the functions necessary to enable the reporting unit to comply with this division.\n(sec.753-ssec.2) For subsection (1) , an officer of a reporting unit is— if the reporting unit is all of an organisation—an officer for the organisation; or if a reporting unit is not all of an organisation—an officer of the branch, or one of the branches, that constitutes the reporting unit.\n(sec.753-ssec.3) If a provision of this division requires a designated officer to perform a function, the rules of the reporting unit must identify an officer as the designated officer for the performance of the function.\n(sec.753-ssec.4) If the rules of the reporting unit do not identify an officer as the designated officer for the performance of a function, the designated officer for the performance of that function is taken to be the secretary of the organisation.\n- (a) if the reporting unit is all of an organisation—an officer for the organisation; or\n- (b) if a reporting unit is not all of an organisation—an officer of the branch, or one of the branches, that constitutes the reporting unit.","sortOrder":1078},{"sectionNumber":"sec.754","sectionType":"section","heading":"Members, staff and journals etc. of reporting units","content":"### sec.754 Members, staff and journals etc. of reporting units\n\nFor the application of this division in relation to a reporting unit that is all of an organisation—\nthe members of the organisation are taken to be members of the reporting unit; and\nemployees of the organisation are taken to be employees of the reporting unit; and\nthe organisation’s rules are taken to be the rules of the reporting unit; and\nthe financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\nconduct and activities of the organisation are taken to be conduct and activities of the reporting unit; and\na journal published by the organisation is taken to be a journal published by the reporting unit.\nFor the application of this division in relation to a reporting unit that is not all of an organisation—\nthe members of the organisation constituting the branch or branches of the organisation that make up the reporting unit are taken to be members of the reporting unit; and\nemployees of the organisation employed in relation to the branch or branches of the organisation that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\nif the reporting unit consists of 1 branch of the organisation—the rules of the branch are taken to be the rules of the reporting unit; and\nif the reporting unit consists of more than 1 branch of the organisation—the rules of the branches (including any rules certified under section 756 , or decided under section 757 , to give effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\nthe financial affairs and records of the branch or branches of the organisation that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\nconduct and activities of the branch or branches of the organisation that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\nif the reporting unit consists of 1 branch of the organisation—a journal published by the branch is taken to be a journal published by the reporting unit; and\na journal published by the organisation is taken to be a journal published by the reporting unit.\n(sec.754-ssec.1) For the application of this division in relation to a reporting unit that is all of an organisation— the members of the organisation are taken to be members of the reporting unit; and employees of the organisation are taken to be employees of the reporting unit; and the organisation’s rules are taken to be the rules of the reporting unit; and the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and conduct and activities of the organisation are taken to be conduct and activities of the reporting unit; and a journal published by the organisation is taken to be a journal published by the reporting unit.\n(sec.754-ssec.2) For the application of this division in relation to a reporting unit that is not all of an organisation— the members of the organisation constituting the branch or branches of the organisation that make up the reporting unit are taken to be members of the reporting unit; and employees of the organisation employed in relation to the branch or branches of the organisation that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and if the reporting unit consists of 1 branch of the organisation—the rules of the branch are taken to be the rules of the reporting unit; and if the reporting unit consists of more than 1 branch of the organisation—the rules of the branches (including any rules certified under section 756 , or decided under section 757 , to give effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and the financial affairs and records of the branch or branches of the organisation that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and conduct and activities of the branch or branches of the organisation that make up the reporting unit are taken to be conduct and activities of the reporting unit; and if the reporting unit consists of 1 branch of the organisation—a journal published by the branch is taken to be a journal published by the reporting unit; and a journal published by the organisation is taken to be a journal published by the reporting unit.\n- (a) the members of the organisation are taken to be members of the reporting unit; and\n- (b) employees of the organisation are taken to be employees of the reporting unit; and\n- (c) the organisation’s rules are taken to be the rules of the reporting unit; and\n- (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n- (e) conduct and activities of the organisation are taken to be conduct and activities of the reporting unit; and\n- (f) a journal published by the organisation is taken to be a journal published by the reporting unit.\n- (a) the members of the organisation constituting the branch or branches of the organisation that make up the reporting unit are taken to be members of the reporting unit; and\n- (b) employees of the organisation employed in relation to the branch or branches of the organisation that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n- (c) if the reporting unit consists of 1 branch of the organisation—the rules of the branch are taken to be the rules of the reporting unit; and\n- (d) if the reporting unit consists of more than 1 branch of the organisation—the rules of the branches (including any rules certified under section 756 , or decided under section 757 , to give effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n- (e) the financial affairs and records of the branch or branches of the organisation that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n- (f) conduct and activities of the branch or branches of the organisation that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n- (g) if the reporting unit consists of 1 branch of the organisation—a journal published by the branch is taken to be a journal published by the reporting unit; and\n- (h) a journal published by the organisation is taken to be a journal published by the reporting unit.","sortOrder":1079},{"sectionNumber":"sec.755","sectionType":"section","heading":"Certificate about reporting units","content":"### sec.755 Certificate about reporting units\n\nThe registrar may issue to an organisation divided into branches a certificate stating that the organisation is, for compliance with this division, to be divided into reporting units on an alternative basis as mentioned in section 752 (3) .\nA certificate may be issued on application by an organisation or on the registrar’s own initiative.\n(sec.755-ssec.1) The registrar may issue to an organisation divided into branches a certificate stating that the organisation is, for compliance with this division, to be divided into reporting units on an alternative basis as mentioned in section 752 (3) .\n(sec.755-ssec.2) A certificate may be issued on application by an organisation or on the registrar’s own initiative.","sortOrder":1080},{"sectionNumber":"sec.756","sectionType":"section","heading":"Certificate about reporting units—application by organisation","content":"### sec.756 Certificate about reporting units—application by organisation\n\nAn application by an organisation for a certificate under section 755 must—\nbe made as prescribed by regulation; and\ninclude an application for the registrar to certify the changes to the organisation’s rules that are required to give effect to the establishment of the proposed reporting units.\nchanges to designate officers from the branches of the organisation to be the management committee for the reporting unit to comply with this division\nchanges to designate officers from the branches of the organisation to undertake the duties that are necessary to enable the reporting unit to comply with this division\nIf an organisation applies for a certificate, the registrar must issue the certificate and certify the rule changes if the registrar is satisfied—\nthe level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and\nthe changes to the rules—\ncomply with, and are not contrary to, this Act, modern awards or enterprise agreements; and\nare not otherwise contrary to law; and\nhave been made under the organisation’s rules.\n(sec.756-ssec.1) An application by an organisation for a certificate under section 755 must— be made as prescribed by regulation; and include an application for the registrar to certify the changes to the organisation’s rules that are required to give effect to the establishment of the proposed reporting units. changes to designate officers from the branches of the organisation to be the management committee for the reporting unit to comply with this division changes to designate officers from the branches of the organisation to undertake the duties that are necessary to enable the reporting unit to comply with this division\n(sec.756-ssec.2) If an organisation applies for a certificate, the registrar must issue the certificate and certify the rule changes if the registrar is satisfied— the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and the changes to the rules— comply with, and are not contrary to, this Act, modern awards or enterprise agreements; and are not otherwise contrary to law; and have been made under the organisation’s rules.\n- (a) be made as prescribed by regulation; and\n- (b) include an application for the registrar to certify the changes to the organisation’s rules that are required to give effect to the establishment of the proposed reporting units. Examples of the changes that may be required— • changes to designate officers from the branches of the organisation to be the management committee for the reporting unit to comply with this division • changes to designate officers from the branches of the organisation to undertake the duties that are necessary to enable the reporting unit to comply with this division\n- • changes to designate officers from the branches of the organisation to be the management committee for the reporting unit to comply with this division\n- • changes to designate officers from the branches of the organisation to undertake the duties that are necessary to enable the reporting unit to comply with this division\n- • changes to designate officers from the branches of the organisation to be the management committee for the reporting unit to comply with this division\n- • changes to designate officers from the branches of the organisation to undertake the duties that are necessary to enable the reporting unit to comply with this division\n- (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and\n- (b) the changes to the rules— (i) comply with, and are not contrary to, this Act, modern awards or enterprise agreements; and (ii) are not otherwise contrary to law; and (iii) have been made under the organisation’s rules.\n- (i) comply with, and are not contrary to, this Act, modern awards or enterprise agreements; and\n- (ii) are not otherwise contrary to law; and\n- (iii) have been made under the organisation’s rules.\n- (i) comply with, and are not contrary to, this Act, modern awards or enterprise agreements; and\n- (ii) are not otherwise contrary to law; and\n- (iii) have been made under the organisation’s rules.","sortOrder":1081},{"sectionNumber":"sec.757","sectionType":"section","heading":"Certificate about reporting units—registrar initiative","content":"### sec.757 Certificate about reporting units—registrar initiative\n\nThe registrar may only issue a certificate under section 755 on the registrar’s own initiative if the registrar—\nis satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\nis satisfied the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and\nhas complied with the procedure prescribed by regulation.\nSubsection (3) applies if, in the registrar’s opinion, the rules of an organisation need to be changed to give effect to the establishment of the proposed reporting units under subsection (1) .\nThe registrar may, by instrument, decide the changes to the rules that are, in the registrar’s opinion, necessary to give effect to the establishment of the proposed reporting units.\nHowever, before deciding to change the rules the registrar must give the organisation an opportunity, as prescribed by regulation, to be heard on the matter.\n(sec.757-ssec.1) The registrar may only issue a certificate under section 755 on the registrar’s own initiative if the registrar— is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and is satisfied the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and has complied with the procedure prescribed by regulation.\n(sec.757-ssec.2) Subsection (3) applies if, in the registrar’s opinion, the rules of an organisation need to be changed to give effect to the establishment of the proposed reporting units under subsection (1) .\n(sec.757-ssec.3) The registrar may, by instrument, decide the changes to the rules that are, in the registrar’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n(sec.757-ssec.4) However, before deciding to change the rules the registrar must give the organisation an opportunity, as prescribed by regulation, to be heard on the matter.\n- (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n- (b) is satisfied the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to the members; and\n- (c) has complied with the procedure prescribed by regulation.","sortOrder":1082},{"sectionNumber":"sec.758","sectionType":"section","heading":"Certificate about reporting units—years certificate applies to","content":"### sec.758 Certificate about reporting units—years certificate applies to\n\nA certificate issued under section 755 is in force, and has effect according to its terms, for—\nthe first financial year starting after the certificate is issued; and\neach subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 759 .\n- (a) the first financial year starting after the certificate is issued; and\n- (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 759 .","sortOrder":1083},{"sectionNumber":"sec.759","sectionType":"section","heading":"Certificate about reporting units—revocation of certificate","content":"### sec.759 Certificate about reporting units—revocation of certificate\n\nThe registrar may at any time, by written notice, revoke a certificate issued to an organisation under section 755 .\nIf a certificate is revoked, each branch of the organisation will be a reporting unit.\nA certificate may be revoked on application by an organisation or on the registrar’s own initiative.\nAn application by an organisation for the revocation of a certificate must—\nbe made as prescribed by regulation; and\ninclude an application for the registrar to certify the changes to the organisation’s rules required to give effect to each branch of the organisation being a reporting unit.\nIf an organisation applies for a revocation, the registrar must revoke the certificate and certify the rule changes if the registrar is satisfied—\nthe level of financial information that would be available to members with each branch of the organisation being a reporting unit would be adequate and would be relevant to the members; and\nthe changes to the rules—\ncomply with, and are not contrary to, this Act, the Commonwealth Fair Work Act , modern awards or enterprise agreements; and\nare not otherwise contrary to law; and\nhave been made under the organisation’s rules.\nThe registrar may only revoke a certificate on the registrar’s own initiative if the registrar—\nis satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for each branch of the organisation to be a reporting unit; and\nhas complied with the procedure prescribed by regulation.\nSubsection (8) applies if—\nthe registrar intends to revoke a certificate on registrar’s own initiative; and\nin the registrar’s opinion, the rules of an organisation need to be changed to give effect to each branch of the organisation being a reporting unit.\nThe registrar may, by instrument, after giving the organisation an opportunity, as prescribed by regulation, to be heard on the matter, decide the changes of the rules that are, in the registrar’s opinion, necessary to give effect to each branch being a reporting unit.\n(sec.759-ssec.1) The registrar may at any time, by written notice, revoke a certificate issued to an organisation under section 755 .\n(sec.759-ssec.2) If a certificate is revoked, each branch of the organisation will be a reporting unit.\n(sec.759-ssec.3) A certificate may be revoked on application by an organisation or on the registrar’s own initiative.\n(sec.759-ssec.4) An application by an organisation for the revocation of a certificate must— be made as prescribed by regulation; and include an application for the registrar to certify the changes to the organisation’s rules required to give effect to each branch of the organisation being a reporting unit.\n(sec.759-ssec.5) If an organisation applies for a revocation, the registrar must revoke the certificate and certify the rule changes if the registrar is satisfied— the level of financial information that would be available to members with each branch of the organisation being a reporting unit would be adequate and would be relevant to the members; and the changes to the rules— comply with, and are not contrary to, this Act, the Commonwealth Fair Work Act , modern awards or enterprise agreements; and are not otherwise contrary to law; and have been made under the organisation’s rules.\n(sec.759-ssec.6) The registrar may only revoke a certificate on the registrar’s own initiative if the registrar— is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for each branch of the organisation to be a reporting unit; and has complied with the procedure prescribed by regulation.\n(sec.759-ssec.7) Subsection (8) applies if— the registrar intends to revoke a certificate on registrar’s own initiative; and in the registrar’s opinion, the rules of an organisation need to be changed to give effect to each branch of the organisation being a reporting unit.\n(sec.759-ssec.8) The registrar may, by instrument, after giving the organisation an opportunity, as prescribed by regulation, to be heard on the matter, decide the changes of the rules that are, in the registrar’s opinion, necessary to give effect to each branch being a reporting unit.\n- (a) be made as prescribed by regulation; and\n- (b) include an application for the registrar to certify the changes to the organisation’s rules required to give effect to each branch of the organisation being a reporting unit.\n- (a) the level of financial information that would be available to members with each branch of the organisation being a reporting unit would be adequate and would be relevant to the members; and\n- (b) the changes to the rules— (i) comply with, and are not contrary to, this Act, the Commonwealth Fair Work Act , modern awards or enterprise agreements; and (ii) are not otherwise contrary to law; and (iii) have been made under the organisation’s rules.\n- (i) comply with, and are not contrary to, this Act, the Commonwealth Fair Work Act , modern awards or enterprise agreements; and\n- (ii) are not otherwise contrary to law; and\n- (iii) have been made under the organisation’s rules.\n- (i) comply with, and are not contrary to, this Act, the Commonwealth Fair Work Act , modern awards or enterprise agreements; and\n- (ii) are not otherwise contrary to law; and\n- (iii) have been made under the organisation’s rules.\n- (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this division, it is most appropriate for each branch of the organisation to be a reporting unit; and\n- (b) has complied with the procedure prescribed by regulation.\n- (a) the registrar intends to revoke a certificate on registrar’s own initiative; and\n- (b) in the registrar’s opinion, the rules of an organisation need to be changed to give effect to each branch of the organisation being a reporting unit.","sortOrder":1084},{"sectionNumber":"sec.760","sectionType":"section","heading":"Certificate about reporting units—rule changes","content":"### sec.760 Certificate about reporting units—rule changes\n\nA change to an organisation’s rules under section 756 , 757 or 759 takes effect on the day that the change is certified or decided.\nTo remove any doubt, it is declared the change may include changes to the duties of an office for the organisation, branch or reporting unit (even if during a particular term of office).\n(sec.760-ssec.1) A change to an organisation’s rules under section 756 , 757 or 759 takes effect on the day that the change is certified or decided.\n(sec.760-ssec.2) To remove any doubt, it is declared the change may include changes to the duties of an office for the organisation, branch or reporting unit (even if during a particular term of office).","sortOrder":1085},{"sectionNumber":"sec.761","sectionType":"section","heading":"Certificate about reporting units—later certificate revokes earlier certificate","content":"### sec.761 Certificate about reporting units—later certificate revokes earlier certificate\n\nA certificate issued to an organisation under section 755 is taken to be revoked if a later certificate is issued to the organisation under that section.","sortOrder":1086},{"sectionNumber":"sec.762","sectionType":"section","heading":"Reporting unit to keep accurate financial records","content":"### sec.762 Reporting unit to keep accurate financial records\n\nA reporting unit’s organisation must ensure the reporting unit—\nkeeps financial records that correctly record and explain the transactions and financial position of the reporting unit, including the records prescribed by regulation; and\nkeeps its financial records in a way that will enable a general purpose financial report to be prepared from the records under section 763 ; and\nkeeps its financial records in a way that will enable the accounts of the reporting unit to be conveniently and properly audited under this division.\nIf an organisation consists of 2 or more reporting units, the organisation must ensure the financial records for each of the reporting units are, as far as practicable, kept in a consistent way.\nMaximum penalty—100 penalty units.\nThis would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\nThis requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\nAn organisation’s financial records may, so far as they relate to the organisation’s receipts and payments, be kept on a cash basis or accrual basis, at the option of the organisation.\nIf an organisation keeps its financial records on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\nAn organisation must keep the financial records for 7 years after the completion of the transactions to which the records relate.\nMaximum penalty—100 penalty units.\n(sec.762-ssec.1) A reporting unit’s organisation must ensure the reporting unit— keeps financial records that correctly record and explain the transactions and financial position of the reporting unit, including the records prescribed by regulation; and keeps its financial records in a way that will enable a general purpose financial report to be prepared from the records under section 763 ; and keeps its financial records in a way that will enable the accounts of the reporting unit to be conveniently and properly audited under this division.\n(sec.762-ssec.2) If an organisation consists of 2 or more reporting units, the organisation must ensure the financial records for each of the reporting units are, as far as practicable, kept in a consistent way. Maximum penalty—100 penalty units. This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation. This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n(sec.762-ssec.3) An organisation’s financial records may, so far as they relate to the organisation’s receipts and payments, be kept on a cash basis or accrual basis, at the option of the organisation.\n(sec.762-ssec.4) If an organisation keeps its financial records on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n(sec.762-ssec.5) An organisation must keep the financial records for 7 years after the completion of the transactions to which the records relate. Maximum penalty—100 penalty units.\n- (a) keeps financial records that correctly record and explain the transactions and financial position of the reporting unit, including the records prescribed by regulation; and\n- (b) keeps its financial records in a way that will enable a general purpose financial report to be prepared from the records under section 763 ; and\n- (c) keeps its financial records in a way that will enable the accounts of the reporting unit to be conveniently and properly audited under this division.\n- 1 This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n- 2 This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.","sortOrder":1087},{"sectionNumber":"sec.763","sectionType":"section","heading":"Reporting unit to prepare general purpose financial report","content":"### sec.763 Reporting unit to prepare general purpose financial report\n\nA reporting unit’s organisation must ensure that, as soon as practicable after the end of each financial year, the reporting unit prepares a general purpose financial report, in accordance with the Australian Accounting Standards and this section, from its financial records for the financial year.\nMaximum penalty—100 penalty units.\nThe general purpose financial report must consist of—\nfinancial statements containing—\na profit and loss statement, or other operating statement; and\na balance sheet; and\na statement of cash flows; and\nany other statements required by the Australian Accounting Standards; and\nnotes to the financial statements containing—\nnotes required by the Australian Accounting Standards; and\nany information required by the reporting guidelines under section 765 (2) (c) ; and\nany other reports or statements required by the reporting guidelines under section 765 (2) (d) .\nThe financial statements and notes for a financial year must give a true and fair view of the reporting unit’s financial position and performance.\nSubsection (3) does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\nIf the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under subsection (2) (b) .\n(sec.763-ssec.1) A reporting unit’s organisation must ensure that, as soon as practicable after the end of each financial year, the reporting unit prepares a general purpose financial report, in accordance with the Australian Accounting Standards and this section, from its financial records for the financial year. Maximum penalty—100 penalty units.\n(sec.763-ssec.2) The general purpose financial report must consist of— financial statements containing— a profit and loss statement, or other operating statement; and a balance sheet; and a statement of cash flows; and any other statements required by the Australian Accounting Standards; and notes to the financial statements containing— notes required by the Australian Accounting Standards; and any information required by the reporting guidelines under section 765 (2) (c) ; and any other reports or statements required by the reporting guidelines under section 765 (2) (d) .\n(sec.763-ssec.3) The financial statements and notes for a financial year must give a true and fair view of the reporting unit’s financial position and performance.\n(sec.763-ssec.4) Subsection (3) does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n- (a) financial statements containing— (i) a profit and loss statement, or other operating statement; and (ii) a balance sheet; and (iii) a statement of cash flows; and (iv) any other statements required by the Australian Accounting Standards; and\n- (i) a profit and loss statement, or other operating statement; and\n- (ii) a balance sheet; and\n- (iii) a statement of cash flows; and\n- (iv) any other statements required by the Australian Accounting Standards; and\n- (b) notes to the financial statements containing— (i) notes required by the Australian Accounting Standards; and (ii) any information required by the reporting guidelines under section 765 (2) (c) ; and\n- (i) notes required by the Australian Accounting Standards; and\n- (ii) any information required by the reporting guidelines under section 765 (2) (c) ; and\n- (c) any other reports or statements required by the reporting guidelines under section 765 (2) (d) .\n- (i) a profit and loss statement, or other operating statement; and\n- (ii) a balance sheet; and\n- (iii) a statement of cash flows; and\n- (iv) any other statements required by the Australian Accounting Standards; and\n- (i) notes required by the Australian Accounting Standards; and\n- (ii) any information required by the reporting guidelines under section 765 (2) (c) ; and","sortOrder":1088},{"sectionNumber":"sec.764","sectionType":"section","heading":"Reporting unit to prepare operating report","content":"### sec.764 Reporting unit to prepare operating report\n\nA reporting unit’s organisation must ensure that, as soon as practicable after the end of each financial year, the reporting unit’s management committee prepares an operating report for the financial year in accordance with this section.\nMaximum penalty—100 penalty units.\nThe operating report must—\ncontain a review of the reporting unit’s principal activities during the year, the results of the activities and any significant changes in the nature of the activities during the year; and\ngive details of any significant changes in the reporting unit’s financial affairs during the year; and\ngive details of the right of members to resign from the reporting unit under section 726 ; and\nif subsection (3) applies, give details (including details of the position held) of any officer or member of the reporting unit who is—\na trustee of a superannuation entity or an exempt public sector superannuation scheme; or\na director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\ninclude a copy of the remuneration register the organisation is required under section 746 to keep for the financial year; and\ninclude a copy of the loans, grants and donations register the organisation is required under section 748 to keep for the financial year; and\ncontain any other information that the reporting unit considers is relevant; and\ncontain any information prescribed by regulation.\nFor subsection (2) (d) , this subsection applies if a criterion for the officer or member being the trustee or director of a superannuation entity or superannuation scheme as mentioned in that paragraph is that the officer or member is an officer or member of a registered organisation.\nTo remove any doubt, it is declared that the operating report may be prepared by the management committee or a designated officer.\n(sec.764-ssec.1) A reporting unit’s organisation must ensure that, as soon as practicable after the end of each financial year, the reporting unit’s management committee prepares an operating report for the financial year in accordance with this section. Maximum penalty—100 penalty units.\n(sec.764-ssec.2) The operating report must— contain a review of the reporting unit’s principal activities during the year, the results of the activities and any significant changes in the nature of the activities during the year; and give details of any significant changes in the reporting unit’s financial affairs during the year; and give details of the right of members to resign from the reporting unit under section 726 ; and if subsection (3) applies, give details (including details of the position held) of any officer or member of the reporting unit who is— a trustee of a superannuation entity or an exempt public sector superannuation scheme; or a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and include a copy of the remuneration register the organisation is required under section 746 to keep for the financial year; and include a copy of the loans, grants and donations register the organisation is required under section 748 to keep for the financial year; and contain any other information that the reporting unit considers is relevant; and contain any information prescribed by regulation.\n(sec.764-ssec.3) For subsection (2) (d) , this subsection applies if a criterion for the officer or member being the trustee or director of a superannuation entity or superannuation scheme as mentioned in that paragraph is that the officer or member is an officer or member of a registered organisation.\n(sec.764-ssec.4) To remove any doubt, it is declared that the operating report may be prepared by the management committee or a designated officer.\n- (a) contain a review of the reporting unit’s principal activities during the year, the results of the activities and any significant changes in the nature of the activities during the year; and\n- (b) give details of any significant changes in the reporting unit’s financial affairs during the year; and\n- (c) give details of the right of members to resign from the reporting unit under section 726 ; and\n- (d) if subsection (3) applies, give details (including details of the position held) of any officer or member of the reporting unit who is— (i) a trustee of a superannuation entity or an exempt public sector superannuation scheme; or (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n- (i) a trustee of a superannuation entity or an exempt public sector superannuation scheme; or\n- (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n- (e) include a copy of the remuneration register the organisation is required under section 746 to keep for the financial year; and\n- (f) include a copy of the loans, grants and donations register the organisation is required under section 748 to keep for the financial year; and\n- (g) contain any other information that the reporting unit considers is relevant; and\n- (h) contain any information prescribed by regulation.\n- (i) a trustee of a superannuation entity or an exempt public sector superannuation scheme; or\n- (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and","sortOrder":1089},{"sectionNumber":"sec.765","sectionType":"section","heading":"Reporting guidelines","content":"### sec.765 Reporting guidelines\n\nThe registrar must, by gazette notice, issue reporting guidelines for sections 763 and 785 .\nThe reporting guidelines for section 763 must—\nprovide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and\nprovide the way in which a reporting unit must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\nspecify any other information required to be included in a general purpose financial report; and\nspecify the form and content of any reports or statements required to be included in a general purpose financial report.\nThe reporting guidelines for section 785 must—\nprovide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and\nspecify the form and content of the general purpose financial report to be prepared under section 785 (5) .\nReporting guidelines may also contain any other requirements relating to the disclosure of information by reporting units that the registrar considers appropriate.\nChapter 11 , part 6 does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n(sec.765-ssec.1) The registrar must, by gazette notice, issue reporting guidelines for sections 763 and 785 .\n(sec.765-ssec.2) The reporting guidelines for section 763 must— provide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and provide the way in which a reporting unit must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and specify any other information required to be included in a general purpose financial report; and specify the form and content of any reports or statements required to be included in a general purpose financial report.\n(sec.765-ssec.3) The reporting guidelines for section 785 must— provide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and specify the form and content of the general purpose financial report to be prepared under section 785 (5) .\n(sec.765-ssec.4) Reporting guidelines may also contain any other requirements relating to the disclosure of information by reporting units that the registrar considers appropriate.\n(sec.765-ssec.5) Chapter 11 , part 6 does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n- (a) provide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and\n- (b) provide the way in which a reporting unit must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n- (c) specify any other information required to be included in a general purpose financial report; and\n- (d) specify the form and content of any reports or statements required to be included in a general purpose financial report.\n- (a) provide the way in which a reporting unit must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions for organisations; and\n- (b) specify the form and content of the general purpose financial report to be prepared under section 785 (5) .","sortOrder":1090},{"sectionNumber":"sec.766","sectionType":"section","heading":"Auditors of reporting units","content":"### sec.766 Auditors of reporting units\n\nA reporting unit’s organisation must ensure there is an auditor of the reporting unit at any time an auditor is required for the operation of this division in relation to the reporting unit.\nMaximum penalty—100 penalty units.\nThe position of auditor of a reporting unit must be held by—\na person who is an approved auditor; or\na firm, at least 1 of whose members is an approved auditor.\nA person must not accept appointment as auditor of a reporting unit unless—\nthe person is an approved auditor; and\nthe person is not an excluded auditor in relation to the reporting unit.\nMaximum penalty—100 penalty units.\nA member of a firm must not accept appointment of the firm as auditor of a reporting unit unless—\nat least 1 member of the firm is an approved auditor; and\nno member of the firm is an excluded auditor in relation to the reporting unit.\nMaximum penalty—100 penalty units.\nA person who holds the position of auditor of a reporting unit must resign the appointment if the person—\nstops being an approved auditor; or\nbecomes an excluded auditor in relation to the reporting unit.\nMaximum penalty—100 penalty units.\nA member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure the firm resigns the appointment if the member—\nstops being an approved auditor and is or becomes aware that no other member of the firm is an approved auditor; or\nbecomes an excluded auditor in relation to the reporting unit; or\nbecomes aware another member of the firm is an excluded auditor in relation to the reporting unit.\nMaximum penalty—100 penalty units.\nThe auditor of a reporting unit must try to comply with each requirement of this Act that applies to the auditor in that capacity.\nIn this section—\nexcluded auditor , in relation to a reporting unit, means—\nan officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or\na partner, employer or employee of an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or\na liquidator in relation to property of the reporting unit or the organisation of which the reporting unit is a part; or\na person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part.\n(sec.766-ssec.1) A reporting unit’s organisation must ensure there is an auditor of the reporting unit at any time an auditor is required for the operation of this division in relation to the reporting unit. Maximum penalty—100 penalty units.\n(sec.766-ssec.2) The position of auditor of a reporting unit must be held by— a person who is an approved auditor; or a firm, at least 1 of whose members is an approved auditor.\n(sec.766-ssec.3) A person must not accept appointment as auditor of a reporting unit unless— the person is an approved auditor; and the person is not an excluded auditor in relation to the reporting unit. Maximum penalty—100 penalty units.\n(sec.766-ssec.4) A member of a firm must not accept appointment of the firm as auditor of a reporting unit unless— at least 1 member of the firm is an approved auditor; and no member of the firm is an excluded auditor in relation to the reporting unit. Maximum penalty—100 penalty units.\n(sec.766-ssec.5) A person who holds the position of auditor of a reporting unit must resign the appointment if the person— stops being an approved auditor; or becomes an excluded auditor in relation to the reporting unit. Maximum penalty—100 penalty units.\n(sec.766-ssec.6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure the firm resigns the appointment if the member— stops being an approved auditor and is or becomes aware that no other member of the firm is an approved auditor; or becomes an excluded auditor in relation to the reporting unit; or becomes aware another member of the firm is an excluded auditor in relation to the reporting unit. Maximum penalty—100 penalty units.\n(sec.766-ssec.7) The auditor of a reporting unit must try to comply with each requirement of this Act that applies to the auditor in that capacity.\n(sec.766-ssec.8) In this section— excluded auditor , in relation to a reporting unit, means— an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or a partner, employer or employee of an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or a liquidator in relation to property of the reporting unit or the organisation of which the reporting unit is a part; or a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part.\n- (a) a person who is an approved auditor; or\n- (b) a firm, at least 1 of whose members is an approved auditor.\n- (a) the person is an approved auditor; and\n- (b) the person is not an excluded auditor in relation to the reporting unit.\n- (a) at least 1 member of the firm is an approved auditor; and\n- (b) no member of the firm is an excluded auditor in relation to the reporting unit.\n- (a) stops being an approved auditor; or\n- (b) becomes an excluded auditor in relation to the reporting unit.\n- (a) stops being an approved auditor and is or becomes aware that no other member of the firm is an approved auditor; or\n- (b) becomes an excluded auditor in relation to the reporting unit; or\n- (c) becomes aware another member of the firm is an excluded auditor in relation to the reporting unit.\n- (a) an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or\n- (b) a partner, employer or employee of an officer or employee of the reporting unit or the organisation of which the reporting unit is a part; or\n- (c) a liquidator in relation to property of the reporting unit or the organisation of which the reporting unit is a part; or\n- (d) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part.","sortOrder":1091},{"sectionNumber":"sec.767","sectionType":"section","heading":"Auditor’s powers","content":"### sec.767 Auditor’s powers\n\nAn auditor of a reporting unit must—\naudit the financial report of the reporting unit for each financial year; and\nmake a report for the year to the reporting unit in accordance with section 768 .\nMaximum penalty—100 penalty units.\nAn auditor, or a person authorised by an auditor for this subsection—\nis entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of amounts, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\nis entitled to seek from any designated officer, or employee of the reporting unit, the information and explanations that the auditor or authorised person wants for the audit.\nIf an auditor asks an officer, employee or member of an organisation to produce records or other documents under subsection (2) (a) , the request must—\nbe in writing; and\nstate the nature of the records or other documents to be produced; and\nstate how and where the records or other documents are to be produced; and\nstate a period (of at least 14 days after the notice is given) within which the records or other documents are to be produced.\nA person authorised for subsection (2) can not exercise a power under that subsection until the auditor gives the reporting unit a notice setting out the person’s name and address.\n(sec.767-ssec.1) An auditor of a reporting unit must— audit the financial report of the reporting unit for each financial year; and make a report for the year to the reporting unit in accordance with section 768 . Maximum penalty—100 penalty units.\n(sec.767-ssec.2) An auditor, or a person authorised by an auditor for this subsection— is entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of amounts, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and is entitled to seek from any designated officer, or employee of the reporting unit, the information and explanations that the auditor or authorised person wants for the audit.\n(sec.767-ssec.3) If an auditor asks an officer, employee or member of an organisation to produce records or other documents under subsection (2) (a) , the request must— be in writing; and state the nature of the records or other documents to be produced; and state how and where the records or other documents are to be produced; and state a period (of at least 14 days after the notice is given) within which the records or other documents are to be produced.\n(sec.767-ssec.4) A person authorised for subsection (2) can not exercise a power under that subsection until the auditor gives the reporting unit a notice setting out the person’s name and address.\n- (a) audit the financial report of the reporting unit for each financial year; and\n- (b) make a report for the year to the reporting unit in accordance with section 768 .\n- (a) is entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of amounts, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n- (b) is entitled to seek from any designated officer, or employee of the reporting unit, the information and explanations that the auditor or authorised person wants for the audit.\n- (a) be in writing; and\n- (b) state the nature of the records or other documents to be produced; and\n- (c) state how and where the records or other documents are to be produced; and\n- (d) state a period (of at least 14 days after the notice is given) within which the records or other documents are to be produced.","sortOrder":1092},{"sectionNumber":"sec.768","sectionType":"section","heading":"Auditor’s report","content":"### sec.768 Auditor’s report\n\nThe auditor’s report must state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply to the reporting unit—\nthe Australian Accounting Standards;\nany other requirements imposed by this division.\nIf, in the auditor’s opinion, the general purpose financial report does not comply, the auditor’s report must—\nstate why the general purpose financial report does not comply; and\nto the extent it is practicable to do so, quantify the effect that noncompliance has on the general purpose financial report; and\nif it is not possible to quantify the effect fully, state why it is not possible.\nThe auditor’s report must also describe—\nany defect or irregularity in the general purpose financial report; and\nany deficiency, failure or shortcoming in relation to the matters mentioned in subsection (2) or section 762 .\nThe form and content of the auditor’s report must be in accordance with the Australian Auditing Standards.\nThe auditor’s report must be—\ndated on the day the auditor signs the report; and\ngiven to the reporting unit within a reasonable time after the auditor receives the general purpose financial report.\nThe auditor must immediately report the matter, in writing, to the registrar if the auditor—\nsuspects on reasonable grounds there has been a contravention of this Act or reporting guidelines; and\nconsiders the matter can not be adequately dealt with by comment in a report or by reporting the matter to the reporting unit’s management committee.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.768-ssec.1) The auditor’s report must state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply to the reporting unit— the Australian Accounting Standards; any other requirements imposed by this division.\n(sec.768-ssec.2) If, in the auditor’s opinion, the general purpose financial report does not comply, the auditor’s report must— state why the general purpose financial report does not comply; and to the extent it is practicable to do so, quantify the effect that noncompliance has on the general purpose financial report; and if it is not possible to quantify the effect fully, state why it is not possible.\n(sec.768-ssec.3) The auditor’s report must also describe— any defect or irregularity in the general purpose financial report; and any deficiency, failure or shortcoming in relation to the matters mentioned in subsection (2) or section 762 .\n(sec.768-ssec.4) The form and content of the auditor’s report must be in accordance with the Australian Auditing Standards.\n(sec.768-ssec.5) The auditor’s report must be— dated on the day the auditor signs the report; and given to the reporting unit within a reasonable time after the auditor receives the general purpose financial report.\n(sec.768-ssec.6) The auditor must immediately report the matter, in writing, to the registrar if the auditor— suspects on reasonable grounds there has been a contravention of this Act or reporting guidelines; and considers the matter can not be adequately dealt with by comment in a report or by reporting the matter to the reporting unit’s management committee. Maximum penalty for subsection (6) —100 penalty units.\n- (a) the Australian Accounting Standards;\n- (b) any other requirements imposed by this division.\n- (a) state why the general purpose financial report does not comply; and\n- (b) to the extent it is practicable to do so, quantify the effect that noncompliance has on the general purpose financial report; and\n- (c) if it is not possible to quantify the effect fully, state why it is not possible.\n- (a) any defect or irregularity in the general purpose financial report; and\n- (b) any deficiency, failure or shortcoming in relation to the matters mentioned in subsection (2) or section 762 .\n- (a) dated on the day the auditor signs the report; and\n- (b) given to the reporting unit within a reasonable time after the auditor receives the general purpose financial report.\n- (a) suspects on reasonable grounds there has been a contravention of this Act or reporting guidelines; and\n- (b) considers the matter can not be adequately dealt with by comment in a report or by reporting the matter to the reporting unit’s management committee.","sortOrder":1093},{"sectionNumber":"sec.769","sectionType":"section","heading":"Audit report must not be knowingly false or misleading","content":"### sec.769 Audit report must not be knowingly false or misleading\n\nAn auditor must not, in a report under section 768 , make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\nMaximum penalty—100 penalty units.","sortOrder":1094},{"sectionNumber":"sec.770","sectionType":"section","heading":"Auditor must notify registrar of contravention","content":"### sec.770 Auditor must notify registrar of contravention\n\nAn auditor performing auditor’s functions for an organisation must immediately notify the registrar if the auditor—\nbecomes aware a provision of this part has been contravened; and\nis of the opinion the matter can not be adequately dealt with by comment in the auditor’s audit report.\nMaximum penalty—100 penalty units.\n- (a) becomes aware a provision of this part has been contravened; and\n- (b) is of the opinion the matter can not be adequately dealt with by comment in the auditor’s audit report.","sortOrder":1095},{"sectionNumber":"sec.771","sectionType":"section","heading":"Obstruction etc. of auditors","content":"### sec.771 Obstruction etc. of auditors\n\nAn officer, employee or member of an organisation or branch of the organisation must not—\nhinder or obstruct the auditor of a reporting unit from taking action under section 767 (2) ; or\nfail to comply with a request under section 767 (2) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member or to provide information or explanations.\nMaximum penalty—30 penalty units.\nIt is a defence to an offence against subsection (1) (b) if the officer, employee or member of the organisation or branch of the organisation had a reasonable excuse for not complying.\nA defendant bears an evidential burden in relation to the matters mentioned in this subsection.\nIt is not a reasonable excuse for subsection (2) that producing a record or other document under this section, or giving information or an explanation, might tend to incriminate the person or expose the person to a penalty.\nHowever, the following is not admissible in evidence against the person in a criminal proceeding or a proceeding that may expose the person to a penalty—\nthe record or other document produced or the information or explanation;\nany information, document or thing obtained as a direct or indirect result of producing the record or other document giving the information or explanation.\nIt is a defence to an offence against subsection (1) if the officer, employee or member of the organisation or branch of the organisation did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\nA defendant bears an evidential burden in relation to the matters mentioned in this subsection.\nIn a prosecution for an offence against subsection (1) , it is not necessary to prove the defendant knew the auditor was an auditor.\nIn this section—\nauditor includes a person authorised by the auditor for section 767 (2) .\n(sec.771-ssec.1) An officer, employee or member of an organisation or branch of the organisation must not— hinder or obstruct the auditor of a reporting unit from taking action under section 767 (2) ; or fail to comply with a request under section 767 (2) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member or to provide information or explanations. Maximum penalty—30 penalty units.\n(sec.771-ssec.2) It is a defence to an offence against subsection (1) (b) if the officer, employee or member of the organisation or branch of the organisation had a reasonable excuse for not complying. A defendant bears an evidential burden in relation to the matters mentioned in this subsection.\n(sec.771-ssec.3) It is not a reasonable excuse for subsection (2) that producing a record or other document under this section, or giving information or an explanation, might tend to incriminate the person or expose the person to a penalty.\n(sec.771-ssec.4) However, the following is not admissible in evidence against the person in a criminal proceeding or a proceeding that may expose the person to a penalty— the record or other document produced or the information or explanation; any information, document or thing obtained as a direct or indirect result of producing the record or other document giving the information or explanation.\n(sec.771-ssec.5) It is a defence to an offence against subsection (1) if the officer, employee or member of the organisation or branch of the organisation did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied. A defendant bears an evidential burden in relation to the matters mentioned in this subsection.\n(sec.771-ssec.6) In a prosecution for an offence against subsection (1) , it is not necessary to prove the defendant knew the auditor was an auditor.\n(sec.771-ssec.7) In this section— auditor includes a person authorised by the auditor for section 767 (2) .\n- (a) hinder or obstruct the auditor of a reporting unit from taking action under section 767 (2) ; or\n- (b) fail to comply with a request under section 767 (2) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member or to provide information or explanations.\n- (a) the record or other document produced or the information or explanation;\n- (b) any information, document or thing obtained as a direct or indirect result of producing the record or other document giving the information or explanation.","sortOrder":1096},{"sectionNumber":"sec.772","sectionType":"section","heading":"Reporting unit to forward notices etc. to auditor","content":"### sec.772 Reporting unit to forward notices etc. to auditor\n\nThis section applies if a member of a reporting unit, or the reporting unit’s management committee, has a right to receive notice of, or a communication about, a financial reporting meeting of the reporting unit or committee.\nA reporting unit’s organisation must ensure the reporting unit gives notice of the financial reporting meeting to the auditor advising that the auditor’s report, or a general purpose financial report to which the report relates, is to be presented at the meeting.\nMaximum penalty—100 penalty units.\nIn this section—\nfinancial reporting meeting , of a reporting unit or its management committee, means a meeting of the reporting unit or committee at which the auditor’s report, or a general purpose financial report to which the report relates, is to be presented or considered.\n(sec.772-ssec.1) This section applies if a member of a reporting unit, or the reporting unit’s management committee, has a right to receive notice of, or a communication about, a financial reporting meeting of the reporting unit or committee.\n(sec.772-ssec.2) A reporting unit’s organisation must ensure the reporting unit gives notice of the financial reporting meeting to the auditor advising that the auditor’s report, or a general purpose financial report to which the report relates, is to be presented at the meeting. Maximum penalty—100 penalty units.\n(sec.772-ssec.3) In this section— financial reporting meeting , of a reporting unit or its management committee, means a meeting of the reporting unit or committee at which the auditor’s report, or a general purpose financial report to which the report relates, is to be presented or considered.","sortOrder":1097},{"sectionNumber":"sec.773","sectionType":"section","heading":"Auditor has a right to attend meetings at which report presented or considered","content":"### sec.773 Auditor has a right to attend meetings at which report presented or considered\n\nAn auditor, or a person authorised by an auditor for this section, has a right to attend, and be heard at, any part of a meeting of a reporting unit, or its management committee, at which—\nthe auditor’s report, or a general purpose financial report to which the report relates, is to be presented or considered; or\nthere is to be conducted any business of the meeting that relates to—\nthe auditor in that capacity; or\na person authorised by the auditor, in the person’s authorised capacity.\nA person authorised for subsection (1) can not exercise a power under that subsection until the auditor gives the reporting unit notice of the person’s name and address.\nAn officer, employee or member of an organisation or branch of the organisation—\nmust give notice of a meeting the auditor of a reporting unit has a right to attend to the auditor; and\nmust not otherwise hinder or obstruct the auditor of a reporting unit from attending a part of the meeting the auditor has a right to attend.\nMaximum penalty—30 penalty units.\nIf, during the part of a meeting the auditor has a right to attend, the auditor indicates to the chairperson of the meeting that the auditor wishes to be heard, the chairperson must, as soon as practicable after having received the indication, allow the auditor an opportunity to be heard.\nMaximum penalty—20 penalty units.\nIt is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\nA defendant bears an evidential burden in relation to the matters mentioned in this subsection.\nIn a prosecution for an offence against this section, it is not necessary to prove the defendant knew that the auditor was an auditor.\nIn subsections (3) to (6) —\nauditor includes a person authorised by the auditor for this section.\n(sec.773-ssec.1) An auditor, or a person authorised by an auditor for this section, has a right to attend, and be heard at, any part of a meeting of a reporting unit, or its management committee, at which— the auditor’s report, or a general purpose financial report to which the report relates, is to be presented or considered; or there is to be conducted any business of the meeting that relates to— the auditor in that capacity; or a person authorised by the auditor, in the person’s authorised capacity.\n(sec.773-ssec.2) A person authorised for subsection (1) can not exercise a power under that subsection until the auditor gives the reporting unit notice of the person’s name and address.\n(sec.773-ssec.3) An officer, employee or member of an organisation or branch of the organisation— must give notice of a meeting the auditor of a reporting unit has a right to attend to the auditor; and must not otherwise hinder or obstruct the auditor of a reporting unit from attending a part of the meeting the auditor has a right to attend. Maximum penalty—30 penalty units.\n(sec.773-ssec.4) If, during the part of a meeting the auditor has a right to attend, the auditor indicates to the chairperson of the meeting that the auditor wishes to be heard, the chairperson must, as soon as practicable after having received the indication, allow the auditor an opportunity to be heard. Maximum penalty—20 penalty units.\n(sec.773-ssec.5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied. A defendant bears an evidential burden in relation to the matters mentioned in this subsection.\n(sec.773-ssec.6) In a prosecution for an offence against this section, it is not necessary to prove the defendant knew that the auditor was an auditor.\n(sec.773-ssec.7) In subsections (3) to (6) — auditor includes a person authorised by the auditor for this section.\n- (a) the auditor’s report, or a general purpose financial report to which the report relates, is to be presented or considered; or\n- (b) there is to be conducted any business of the meeting that relates to— (i) the auditor in that capacity; or (ii) a person authorised by the auditor, in the person’s authorised capacity.\n- (i) the auditor in that capacity; or\n- (ii) a person authorised by the auditor, in the person’s authorised capacity.\n- (i) the auditor in that capacity; or\n- (ii) a person authorised by the auditor, in the person’s authorised capacity.\n- (a) must give notice of a meeting the auditor of a reporting unit has a right to attend to the auditor; and\n- (b) must not otherwise hinder or obstruct the auditor of a reporting unit from attending a part of the meeting the auditor has a right to attend.","sortOrder":1098},{"sectionNumber":"sec.774","sectionType":"section","heading":"Auditors and other persons to enjoy qualified privilege in particular circumstances","content":"### sec.774 Auditors and other persons to enjoy qualified privilege in particular circumstances\n\nAn auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\nA person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required under this Act to be filed.\nThis section does not limit or affect any right, privilege or immunity a defendant has in an action for defamation.\n(sec.774-ssec.1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n(sec.774-ssec.2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required under this Act to be filed.\n(sec.774-ssec.3) This section does not limit or affect any right, privilege or immunity a defendant has in an action for defamation.","sortOrder":1099},{"sectionNumber":"sec.775","sectionType":"section","heading":"Fees and expenses of auditors","content":"### sec.775 Fees and expenses of auditors\n\nA reporting unit must pay the reasonable fees and expenses of an auditor of the reporting unit.","sortOrder":1100},{"sectionNumber":"sec.776","sectionType":"section","heading":"Removal of auditor","content":"### sec.776 Removal of auditor\n\nAn auditor of a reporting unit may only be removed during the auditor’s term of appointment—\nif the auditor was appointed by the reporting unit’s management committee—by resolution passed at a meeting of the committee by an absolute majority of its members; or\nif the auditor was appointed by a general meeting of the reporting unit’s members—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\nA designated officer of the reporting unit must take all reasonable steps to give written notice of the intention to remove the auditor to each member of the reporting unit.\nMaximum penalty—100 penalty units.\nThe designated officer must ensure the notice is given—\nwith any time limits stated in the rules of the reporting unit; or\nif no time limits are stated in the rules, within a reasonable time before the resolution is moved.\nMaximum penalty—100 penalty units.\nA designated officer of the reporting unit must give the auditor reasonable notice of the resolution to remove the auditor.\nMaximum penalty—100 penalty units.\nA designated officer of the reporting unit must ensure the auditor is given the opportunity—\nto make written representations; and\nif subsection (1) (a) applies—to make oral representations to the management committee.\nMaximum penalty—100 penalty units.\nIf it is proposed to remove the auditor under subsection (1) (b) and the auditor makes written representations, the auditor may require the reporting unit to give a copy of the written representations to each member of the reporting unit.\nA designated officer of the reporting unit must ensure the reporting unit complies with a requirement under subsection (6) unless the written representations are longer than the limit prescribed by regulation.\nMaximum penalty for subsection (7) —100 penalty units.\n(sec.776-ssec.1) An auditor of a reporting unit may only be removed during the auditor’s term of appointment— if the auditor was appointed by the reporting unit’s management committee—by resolution passed at a meeting of the committee by an absolute majority of its members; or if the auditor was appointed by a general meeting of the reporting unit’s members—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n(sec.776-ssec.2) A designated officer of the reporting unit must take all reasonable steps to give written notice of the intention to remove the auditor to each member of the reporting unit. Maximum penalty—100 penalty units.\n(sec.776-ssec.3) The designated officer must ensure the notice is given— with any time limits stated in the rules of the reporting unit; or if no time limits are stated in the rules, within a reasonable time before the resolution is moved. Maximum penalty—100 penalty units.\n(sec.776-ssec.4) A designated officer of the reporting unit must give the auditor reasonable notice of the resolution to remove the auditor. Maximum penalty—100 penalty units.\n(sec.776-ssec.5) A designated officer of the reporting unit must ensure the auditor is given the opportunity— to make written representations; and if subsection (1) (a) applies—to make oral representations to the management committee. Maximum penalty—100 penalty units.\n(sec.776-ssec.6) If it is proposed to remove the auditor under subsection (1) (b) and the auditor makes written representations, the auditor may require the reporting unit to give a copy of the written representations to each member of the reporting unit.\n(sec.776-ssec.7) A designated officer of the reporting unit must ensure the reporting unit complies with a requirement under subsection (6) unless the written representations are longer than the limit prescribed by regulation. Maximum penalty for subsection (7) —100 penalty units.\n- (a) if the auditor was appointed by the reporting unit’s management committee—by resolution passed at a meeting of the committee by an absolute majority of its members; or\n- (b) if the auditor was appointed by a general meeting of the reporting unit’s members—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n- (a) with any time limits stated in the rules of the reporting unit; or\n- (b) if no time limits are stated in the rules, within a reasonable time before the resolution is moved.\n- (a) to make written representations; and\n- (b) if subsection (1) (a) applies—to make oral representations to the management committee.","sortOrder":1101},{"sectionNumber":"sec.777","sectionType":"section","heading":"Resignation of auditor","content":"### sec.777 Resignation of auditor\n\nAn auditor of a reporting unit may resign by giving written notice to the reporting unit.\nThe resignation takes effect on the day stated in the notice or, if no day is stated, the day the notice is given to the reporting unit.\nIf the auditor asks the reporting unit to allow the auditor to explain the auditor’s reasons for resigning, the reporting unit’s organisation must ensure the reporting unit does 1 of the following—\ndistributes to the reporting unit’s members written reasons for resignation prepared by the auditor;\ngives the auditor the opportunity to explain the reasons to a general meeting of the reporting unit.\nMaximum penalty—100 penalty units.\nThe reporting unit’s management committee may choose which method is used.\n(sec.777-ssec.1) An auditor of a reporting unit may resign by giving written notice to the reporting unit.\n(sec.777-ssec.2) The resignation takes effect on the day stated in the notice or, if no day is stated, the day the notice is given to the reporting unit.\n(sec.777-ssec.3) If the auditor asks the reporting unit to allow the auditor to explain the auditor’s reasons for resigning, the reporting unit’s organisation must ensure the reporting unit does 1 of the following— distributes to the reporting unit’s members written reasons for resignation prepared by the auditor; gives the auditor the opportunity to explain the reasons to a general meeting of the reporting unit. Maximum penalty—100 penalty units.\n(sec.777-ssec.4) The reporting unit’s management committee may choose which method is used.\n- (a) distributes to the reporting unit’s members written reasons for resignation prepared by the auditor;\n- (b) gives the auditor the opportunity to explain the reasons to a general meeting of the reporting unit.","sortOrder":1102},{"sectionNumber":"sec.778","sectionType":"section","heading":"Copies of full report or concise report to be given to members","content":"### sec.778 Copies of full report or concise report to be given to members\n\nA designated officer of the reporting unit must give to its members, free of charge, 1 of the following—\na full report consisting of—\na copy of the auditor’s report in relation to the inspection and audit of the reporting unit’s financial records for a financial year; and\na copy of the general purpose financial report to which the report relates; and\na copy of the operating report to which the report relates;\na concise report for the financial year that complies with subsection (3) .\nMaximum penalty—100 penalty units.\nHowever, a concise report may only be given if the unit’s management committee resolves that a concise report may be given.\nA concise report for a financial year consists of—\na concise financial report for the year drawn up as prescribed by regulation; and\nthe operating report for the year; and\na statement by the auditor—\nthat the concise financial report has been audited; and\nwhether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\na copy of anything included under section 768 (1) to (5) in the auditor’s report on the full report; and\na statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if requested.\n(sec.778-ssec.1) A designated officer of the reporting unit must give to its members, free of charge, 1 of the following— a full report consisting of— a copy of the auditor’s report in relation to the inspection and audit of the reporting unit’s financial records for a financial year; and a copy of the general purpose financial report to which the report relates; and a copy of the operating report to which the report relates; a concise report for the financial year that complies with subsection (3) . Maximum penalty—100 penalty units.\n(sec.778-ssec.2) However, a concise report may only be given if the unit’s management committee resolves that a concise report may be given.\n(sec.778-ssec.3) A concise report for a financial year consists of— a concise financial report for the year drawn up as prescribed by regulation; and the operating report for the year; and a statement by the auditor— that the concise financial report has been audited; and whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and a copy of anything included under section 768 (1) to (5) in the auditor’s report on the full report; and a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if requested.\n- (a) a full report consisting of— (i) a copy of the auditor’s report in relation to the inspection and audit of the reporting unit’s financial records for a financial year; and (ii) a copy of the general purpose financial report to which the report relates; and (iii) a copy of the operating report to which the report relates;\n- (i) a copy of the auditor’s report in relation to the inspection and audit of the reporting unit’s financial records for a financial year; and\n- (ii) a copy of the general purpose financial report to which the report relates; and\n- (iii) a copy of the operating report to which the report relates;\n- (b) a concise report for the financial year that complies with subsection (3) .\n- (i) a copy of the auditor’s report in relation to the inspection and audit of the reporting unit’s financial records for a financial year; and\n- (ii) a copy of the general purpose financial report to which the report relates; and\n- (iii) a copy of the operating report to which the report relates;\n- (a) a concise financial report for the year drawn up as prescribed by regulation; and\n- (b) the operating report for the year; and\n- (c) a statement by the auditor— (i) that the concise financial report has been audited; and (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n- (i) that the concise financial report has been audited; and\n- (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n- (d) a copy of anything included under section 768 (1) to (5) in the auditor’s report on the full report; and\n- (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if requested.\n- (i) that the concise financial report has been audited; and\n- (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and","sortOrder":1103},{"sectionNumber":"sec.779","sectionType":"section","heading":"Member may ask for a copy of full report or auditor’s report","content":"### sec.779 Member may ask for a copy of full report or auditor’s report\n\nIf, having received a concise report, a member asks for a copy of the full report or auditor’s report, a designated officer of the reporting unit must send the copy to the member within 28 days after the request is made.\nMaximum penalty—100 penalty units.","sortOrder":1104},{"sectionNumber":"sec.780","sectionType":"section","heading":"When copy of full report or concise report must otherwise be given","content":"### sec.780 When copy of full report or concise report must otherwise be given\n\nA designated officer of a reporting unit must give to its members a report under section 778 (1) within—\nif a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before the general meeting; or\notherwise—5 months after the end of the financial year.\nMaximum penalty—100 penalty units.\nThe registrar may, on the reporting unit’s application, extend the period during which the meeting mentioned in subsection (1) (a) may be held, or the period stated in subsection (1) (b) , by no more than a month.\n(sec.780-ssec.1) A designated officer of a reporting unit must give to its members a report under section 778 (1) within— if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before the general meeting; or otherwise—5 months after the end of the financial year. Maximum penalty—100 penalty units.\n(sec.780-ssec.2) The registrar may, on the reporting unit’s application, extend the period during which the meeting mentioned in subsection (1) (a) may be held, or the period stated in subsection (1) (b) , by no more than a month.\n- (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before the general meeting; or\n- (b) otherwise—5 months after the end of the financial year.","sortOrder":1105},{"sectionNumber":"sec.781","sectionType":"section","heading":"Copy of full report or concise report may be published in journal","content":"### sec.781 Copy of full report or concise report may be published in journal\n\nIf a reporting unit publishes a journal of the reporting unit that is available to its members free of charge, a designated officer of the reporting unit is taken to have complied with section 778 (1) if—\nthe full report is published in the journal; or\na concise report as described in section 778 (3) is prepared and published in the journal.\nIf a reporting unit consists of 2 or more branches of an organisation and 1 of the branches publishes a journal of the branch that is available to its members free of charge, a designated officer of the reporting unit is taken to have complied with section 778 (1) in relation to the members if—\nthe full report is published in the journal; or\na concise report as described in section 778 (3) is prepared and published in the journal.\n(sec.781-ssec.1) If a reporting unit publishes a journal of the reporting unit that is available to its members free of charge, a designated officer of the reporting unit is taken to have complied with section 778 (1) if— the full report is published in the journal; or a concise report as described in section 778 (3) is prepared and published in the journal.\n(sec.781-ssec.2) If a reporting unit consists of 2 or more branches of an organisation and 1 of the branches publishes a journal of the branch that is available to its members free of charge, a designated officer of the reporting unit is taken to have complied with section 778 (1) in relation to the members if— the full report is published in the journal; or a concise report as described in section 778 (3) is prepared and published in the journal.\n- (a) the full report is published in the journal; or\n- (b) a concise report as described in section 778 (3) is prepared and published in the journal.\n- (a) the full report is published in the journal; or\n- (b) a concise report as described in section 778 (3) is prepared and published in the journal.","sortOrder":1106},{"sectionNumber":"sec.782","sectionType":"section","heading":"Obligation to present to general or committee meeting","content":"### sec.782 Obligation to present to general or committee meeting\n\nAn organisation must present its audit report and general purpose financial report for a financial year to a general meeting or a meeting of the organisation’s management committee within—\n5 months after the end of the financial year; or\nif the registrar has extended the time to hold the meeting—the extended time.\nMaximum penalty—40 penalty units.\n- (a) 5 months after the end of the financial year; or\n- (b) if the registrar has extended the time to hold the meeting—the extended time.","sortOrder":1107},{"sectionNumber":"sec.783","sectionType":"section","heading":"Comments by committee members not to be false or misleading","content":"### sec.783 Comments by committee members not to be false or misleading\n\nThis section applies if a member of a reporting unit’s management committee—\ncomments on a matter dealt with in a full report or in a concise report—\nto members of the reporting unit; or\nto a general meeting of the members of the reporting unit or a meeting of the reporting unit’s management committee; or\npublishes comments on the matter in a journal.\nThe member must not, in the comments, make a statement if the member knows, or is reckless as to whether, the statement is false or misleading.\nMaximum penalty—100 penalty units.\n(sec.783-ssec.1) This section applies if a member of a reporting unit’s management committee— comments on a matter dealt with in a full report or in a concise report— to members of the reporting unit; or to a general meeting of the members of the reporting unit or a meeting of the reporting unit’s management committee; or publishes comments on the matter in a journal.\n(sec.783-ssec.2) The member must not, in the comments, make a statement if the member knows, or is reckless as to whether, the statement is false or misleading.\n- (a) comments on a matter dealt with in a full report or in a concise report— (i) to members of the reporting unit; or (ii) to a general meeting of the members of the reporting unit or a meeting of the reporting unit’s management committee; or\n- (i) to members of the reporting unit; or\n- (ii) to a general meeting of the members of the reporting unit or a meeting of the reporting unit’s management committee; or\n- (b) publishes comments on the matter in a journal.\n- (i) to members of the reporting unit; or\n- (ii) to a general meeting of the members of the reporting unit or a meeting of the reporting unit’s management committee; or","sortOrder":1108},{"sectionNumber":"sec.784","sectionType":"section","heading":"Reports etc. to be lodged with registrar","content":"### sec.784 Reports etc. to be lodged with registrar\n\nA designated officer of a reporting unit must, within 14 days (or any longer period the registrar allows) after the meeting referred to in section 782 , file—\na copy of the full report; and\nif a concise report was given to members—a copy of the concise report; and\na statutory declaration by a designated officer that the documents lodged are copies of the documents given to members and presented to a meeting under section 782 .\nMaximum penalty—100 penalty units.\n- (a) a copy of the full report; and\n- (b) if a concise report was given to members—a copy of the concise report; and\n- (c) a statutory declaration by a designated officer that the documents lodged are copies of the documents given to members and presented to a meeting under section 782 .","sortOrder":1109},{"sectionNumber":"sec.785","sectionType":"section","heading":"Organisations with receipts of less than a particular amount","content":"### sec.785 Organisations with receipts of less than a particular amount\n\nThis section applies to an organisation reporting unit (an ORU ) if the registrar, on application by the ORU made after the end of a financial year, is satisfied the ORU’s receipts for the financial year were below the prescribed income threshold.\nThe registrar must issue to the ORU a certificate to the effect that the ORU’s receipts were below the prescribed income threshold for the financial year.\nThis division, other than sections 778 to 782 , applies to the ORU in relation to the financial year.\nHowever, in applying this division to the ORU in relation to the financial year—\na reference to a general purpose financial report prepared or to be prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) ; and\nthe reference in section 787 (6) to a general purpose financial report prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) .\nWithin the period prescribed by regulation after the end of the financial year, the ORU must prepare, from its financial records for the year, a general purpose financial report as required by the reporting guidelines under section 765 (3) (b) .\nMaximum penalty—100 penalty units.\nAfter the making to the ORU of the auditor’s report under section 767 in relation to the auditor’s inspection and audit of the financial records kept by the ORU for the financial year, and before the end of the financial year immediately following that financial year, the ORU must present a copy of the report and copies of the general purpose financial report to which the auditor’s report relates to a meeting of its members.\nMaximum penalty—100 penalty units.\nIf a member of the ORU asks the ORU to give the member a copy of the auditor’s report and the general purpose financial report, the ORU must give a copy of each of the reports to the member, free of charge, within 14 days after being asked.\nMaximum penalty—100 penalty units.\nThe ORU must, within 90 days (or a longer period the registrar allows) after the making to the ORU of the report under section 767 , file—\ncopies of the auditor’s report and the general purpose financial report; and\na certificate, in the form prescribed by regulation, by a designated officer, that the information contained in the general purpose financial report is correct.\nMaximum penalty—100 penalty units.\nIn this section—\norganisation reporting unit means a reporting unit that is all of an organisation.\nprescribed income threshold , for a financial year, means—\nfor a financial year that, because of section 598 (2) , is a period other than 12 months—the amount the registrar considers appropriate in the circumstances being not more than the amount prescribed under paragraph (b) ; or\nfor any other financial year—the amount prescribed by regulation or, if no amount is prescribed, $100,000.\n(sec.785-ssec.1) This section applies to an organisation reporting unit (an ORU ) if the registrar, on application by the ORU made after the end of a financial year, is satisfied the ORU’s receipts for the financial year were below the prescribed income threshold.\n(sec.785-ssec.2) The registrar must issue to the ORU a certificate to the effect that the ORU’s receipts were below the prescribed income threshold for the financial year.\n(sec.785-ssec.3) This division, other than sections 778 to 782 , applies to the ORU in relation to the financial year.\n(sec.785-ssec.4) However, in applying this division to the ORU in relation to the financial year— a reference to a general purpose financial report prepared or to be prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) ; and the reference in section 787 (6) to a general purpose financial report prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) .\n(sec.785-ssec.5) Within the period prescribed by regulation after the end of the financial year, the ORU must prepare, from its financial records for the year, a general purpose financial report as required by the reporting guidelines under section 765 (3) (b) . Maximum penalty—100 penalty units.\n(sec.785-ssec.6) After the making to the ORU of the auditor’s report under section 767 in relation to the auditor’s inspection and audit of the financial records kept by the ORU for the financial year, and before the end of the financial year immediately following that financial year, the ORU must present a copy of the report and copies of the general purpose financial report to which the auditor’s report relates to a meeting of its members. Maximum penalty—100 penalty units.\n(sec.785-ssec.7) If a member of the ORU asks the ORU to give the member a copy of the auditor’s report and the general purpose financial report, the ORU must give a copy of each of the reports to the member, free of charge, within 14 days after being asked. Maximum penalty—100 penalty units.\n(sec.785-ssec.8) The ORU must, within 90 days (or a longer period the registrar allows) after the making to the ORU of the report under section 767 , file— copies of the auditor’s report and the general purpose financial report; and a certificate, in the form prescribed by regulation, by a designated officer, that the information contained in the general purpose financial report is correct. Maximum penalty—100 penalty units.\n(sec.785-ssec.9) In this section— organisation reporting unit means a reporting unit that is all of an organisation. prescribed income threshold , for a financial year, means— for a financial year that, because of section 598 (2) , is a period other than 12 months—the amount the registrar considers appropriate in the circumstances being not more than the amount prescribed under paragraph (b) ; or for any other financial year—the amount prescribed by regulation or, if no amount is prescribed, $100,000.\n- (a) a reference to a general purpose financial report prepared or to be prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) ; and\n- (b) the reference in section 787 (6) to a general purpose financial report prepared under section 763 applies as if it were a reference to a general purpose financial report prepared under subsection (5) .\n- (a) copies of the auditor’s report and the general purpose financial report; and\n- (b) a certificate, in the form prescribed by regulation, by a designated officer, that the information contained in the general purpose financial report is correct.\n- (a) for a financial year that, because of section 598 (2) , is a period other than 12 months—the amount the registrar considers appropriate in the circumstances being not more than the amount prescribed under paragraph (b) ; or\n- (b) for any other financial year—the amount prescribed by regulation or, if no amount is prescribed, $100,000.","sortOrder":1110},{"sectionNumber":"sec.786","sectionType":"section","heading":"Exemption from this part of particular reporting units","content":"### sec.786 Exemption from this part of particular reporting units\n\nIf, on the application of a reporting unit, the registrar is satisfied, after considering any circumstances that are prescribed by regulation, that the reporting unit did not have any financial affairs in a financial year, the registrar may issue to the reporting unit a certificate to that effect for the financial year.\nThe certificate exempts the reporting unit from the requirements of this part for the financial year.\nThe application must be made to the registrar within 90 days, or a longer period the registrar allows, after the end of the financial year.\n(sec.786-ssec.1) If, on the application of a reporting unit, the registrar is satisfied, after considering any circumstances that are prescribed by regulation, that the reporting unit did not have any financial affairs in a financial year, the registrar may issue to the reporting unit a certificate to that effect for the financial year.\n(sec.786-ssec.2) The certificate exempts the reporting unit from the requirements of this part for the financial year.\n(sec.786-ssec.3) The application must be made to the registrar within 90 days, or a longer period the registrar allows, after the end of the financial year.","sortOrder":1111},{"sectionNumber":"sec.787","sectionType":"section","heading":"Information to be given to members or registrar","content":"### sec.787 Information to be given to members or registrar\n\nA member of a reporting unit, or the registrar, may apply to the reporting unit for stated information, prescribed by regulation, about the reporting unit to be made available to the person making the application.\nThe application must—\nbe in writing; and\nstate the period, which must be at least 14 days after the application is made, within which the information must be made available; and\nstate the way in which the information must be made available.\nThe reporting unit’s organisation must ensure the reporting unit complies with the application.\nMaximum penalty—100 penalty units.\nThe registrar may only make an application under subsection (1) if asked by a member of the reporting unit.\nThe registrar must provide the information obtained as a result of the application to any member of the reporting unit who asks for it.\nA reporting unit’s organisation must ensure that, when the reporting unit prepares a general purpose financial report under section 763 , a concise report under section 778 or a report under section 785 (5) , it includes in the report a notice drawing attention to subsections (1) , (2) and (3) and setting out the subsections.\nMaximum penalty—100 penalty units.\nWithout limiting the information that may be prescribed under subsection (1) , the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of—\nthe member making the application for information; or\nthe member at whose request the application was made.\n(sec.787-ssec.1) A member of a reporting unit, or the registrar, may apply to the reporting unit for stated information, prescribed by regulation, about the reporting unit to be made available to the person making the application.\n(sec.787-ssec.2) The application must— be in writing; and state the period, which must be at least 14 days after the application is made, within which the information must be made available; and state the way in which the information must be made available.\n(sec.787-ssec.3) The reporting unit’s organisation must ensure the reporting unit complies with the application. Maximum penalty—100 penalty units.\n(sec.787-ssec.4) The registrar may only make an application under subsection (1) if asked by a member of the reporting unit.\n(sec.787-ssec.5) The registrar must provide the information obtained as a result of the application to any member of the reporting unit who asks for it.\n(sec.787-ssec.6) A reporting unit’s organisation must ensure that, when the reporting unit prepares a general purpose financial report under section 763 , a concise report under section 778 or a report under section 785 (5) , it includes in the report a notice drawing attention to subsections (1) , (2) and (3) and setting out the subsections. Maximum penalty—100 penalty units.\n(sec.787-ssec.7) Without limiting the information that may be prescribed under subsection (1) , the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of— the member making the application for information; or the member at whose request the application was made.\n- (a) be in writing; and\n- (b) state the period, which must be at least 14 days after the application is made, within which the information must be made available; and\n- (c) state the way in which the information must be made available.\n- (a) the member making the application for information; or\n- (b) the member at whose request the application was made.","sortOrder":1112},{"sectionNumber":"sec.788","sectionType":"section","heading":"Order for inspection of financial records","content":"### sec.788 Order for inspection of financial records\n\nOn application by a member of a reporting unit, the commission may make an order—\nauthorising the applicant to inspect the financial records of the reporting unit stated in the order; or\nauthorising another person (whether a member or not) to inspect the financial records of the reporting unit stated in the order on the applicant’s behalf.\nHowever, the commission may only make the order if it is satisfied—\nthe applicant is acting in good faith; and\nthere are reasonable grounds for suspecting a contravention of—\na provision of this division; or\nthe reporting guidelines; or\na regulation made for this division; or\na rule of a reporting unit relating to its finances or financial administration; and\nit is reasonable to expect an examination of the financial records will help in deciding if there is a contravention.\nAlso, the commission may only make an order authorising the inspection of financial records that relate to the suspected contravention mentioned in subsection (2) (b) .\nA person authorised to inspect the financial records may make copies of the financial records unless the commission orders otherwise.\n(sec.788-ssec.1) On application by a member of a reporting unit, the commission may make an order— authorising the applicant to inspect the financial records of the reporting unit stated in the order; or authorising another person (whether a member or not) to inspect the financial records of the reporting unit stated in the order on the applicant’s behalf.\n(sec.788-ssec.2) However, the commission may only make the order if it is satisfied— the applicant is acting in good faith; and there are reasonable grounds for suspecting a contravention of— a provision of this division; or the reporting guidelines; or a regulation made for this division; or a rule of a reporting unit relating to its finances or financial administration; and it is reasonable to expect an examination of the financial records will help in deciding if there is a contravention.\n(sec.788-ssec.3) Also, the commission may only make an order authorising the inspection of financial records that relate to the suspected contravention mentioned in subsection (2) (b) .\n(sec.788-ssec.4) A person authorised to inspect the financial records may make copies of the financial records unless the commission orders otherwise.\n- (a) authorising the applicant to inspect the financial records of the reporting unit stated in the order; or\n- (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit stated in the order on the applicant’s behalf.\n- (a) the applicant is acting in good faith; and\n- (b) there are reasonable grounds for suspecting a contravention of— (i) a provision of this division; or (ii) the reporting guidelines; or (iii) a regulation made for this division; or (iv) a rule of a reporting unit relating to its finances or financial administration; and\n- (i) a provision of this division; or\n- (ii) the reporting guidelines; or\n- (iii) a regulation made for this division; or\n- (iv) a rule of a reporting unit relating to its finances or financial administration; and\n- (c) it is reasonable to expect an examination of the financial records will help in deciding if there is a contravention.\n- (i) a provision of this division; or\n- (ii) the reporting guidelines; or\n- (iii) a regulation made for this division; or\n- (iv) a rule of a reporting unit relating to its finances or financial administration; and","sortOrder":1113},{"sectionNumber":"sec.789","sectionType":"section","heading":"Frivolous or vexatious applications","content":"### sec.789 Frivolous or vexatious applications\n\nA person must not make an application under section 788 that is vexatious or without reasonable cause.\nIf the commission considers an application under section 788 to be vexatious or without reasonable cause, the commission must dismiss the application as soon as practicable.\n(sec.789-ssec.1) A person must not make an application under section 788 that is vexatious or without reasonable cause.\n(sec.789-ssec.2) If the commission considers an application under section 788 to be vexatious or without reasonable cause, the commission must dismiss the application as soon as practicable.","sortOrder":1114},{"sectionNumber":"sec.790","sectionType":"section","heading":"Ancillary orders","content":"### sec.790 Ancillary orders\n\nIf the commission makes an order under section 788 , the commission may make any other orders it considers appropriate, including the following—\nan order limiting the use a person who inspects the financial records may make of information obtained during the inspection;\nan order limiting the right of a person who inspects the financial records to make copies under section 788 (4) ;\nan order that the reporting unit is not required to provide the names and addresses of its members.\n- (a) an order limiting the use a person who inspects the financial records may make of information obtained during the inspection;\n- (b) an order limiting the right of a person who inspects the financial records to make copies under section 788 (4) ;\n- (c) an order that the reporting unit is not required to provide the names and addresses of its members.","sortOrder":1115},{"sectionNumber":"sec.791","sectionType":"section","heading":"Disclosure of information acquired in inspection","content":"### sec.791 Disclosure of information acquired in inspection\n\nAn applicant who inspects the financial records under section 788 , or a person who inspects the financial records for an applicant, must not disclose information obtained during the inspection unless the disclosure is to—\na member of the commission or the registrar; or\nif the inspection is made for an applicant—the applicant.\nMaximum penalty—20 penalty units.\nA person who receives information under subsection (1) (a) or (b) must not disclose the information other than to another person covered by the subsection.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.791-ssec.1) An applicant who inspects the financial records under section 788 , or a person who inspects the financial records for an applicant, must not disclose information obtained during the inspection unless the disclosure is to— a member of the commission or the registrar; or if the inspection is made for an applicant—the applicant. Maximum penalty—20 penalty units.\n(sec.791-ssec.2) A person who receives information under subsection (1) (a) or (b) must not disclose the information other than to another person covered by the subsection. Maximum penalty for subsection (2) —20 penalty units.\n- (a) a member of the commission or the registrar; or\n- (b) if the inspection is made for an applicant—the applicant.","sortOrder":1116},{"sectionNumber":"sec.792","sectionType":"section","heading":"Reporting unit or management committee may allow member to inspect books","content":"### sec.792 Reporting unit or management committee may allow member to inspect books\n\nA reporting unit’s management committee, or the reporting unit by a resolution passed at a general meeting of the reporting unit, may authorise a member to inspect financial records of the reporting unit.","sortOrder":1117},{"sectionNumber":"sec.793","sectionType":"section","heading":"Registrar to be advised of contraventions of division or rules etc. found during inspection","content":"### sec.793 Registrar to be advised of contraventions of division or rules etc. found during inspection\n\nIf, as a result of inspecting the financial records of a reporting unit, a person reasonably believes a relevant contravention may have occurred, the person must give the registrar—\nwritten notice to that effect; and\nany relevant information obtained during the inspection.\nMaximum penalty—100 penalty units.\nIf the registrar receives a notice under subsection (1) and is satisfied there are reasonable grounds for believing that there has been a relevant contravention, the registrar must investigate the matter under section 795 .\nIn this section—\nrelevant contravention means a contravention of—\na provision of this division; or\nthe reporting guidelines; or\na regulation made for this division; or\na rule of a reporting unit relating to its finances or financial administration.\n(sec.793-ssec.1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes a relevant contravention may have occurred, the person must give the registrar— written notice to that effect; and any relevant information obtained during the inspection. Maximum penalty—100 penalty units.\n(sec.793-ssec.2) If the registrar receives a notice under subsection (1) and is satisfied there are reasonable grounds for believing that there has been a relevant contravention, the registrar must investigate the matter under section 795 .\n(sec.793-ssec.3) In this section— relevant contravention means a contravention of— a provision of this division; or the reporting guidelines; or a regulation made for this division; or a rule of a reporting unit relating to its finances or financial administration.\n- (a) written notice to that effect; and\n- (b) any relevant information obtained during the inspection.\n- (a) a provision of this division; or\n- (b) the reporting guidelines; or\n- (c) a regulation made for this division; or\n- (d) a rule of a reporting unit relating to its finances or financial administration.","sortOrder":1118},{"sectionNumber":"sec.794","sectionType":"section","heading":"Constitution of the commission","content":"### sec.794 Constitution of the commission\n\nFor this subdivision, the commission must be constituted by the president, a vice president or a deputy president.","sortOrder":1119},{"sectionNumber":"sec.795","sectionType":"section","heading":"Registrar’s investigations","content":"### sec.795 Registrar’s investigations\n\nThe registrar must investigate an organisation’s finances or financial administration—\nif an audit report for the organisation states—\nthere was an accounting deficiency in the organisation’s accounts; or\nanother matter the registrar considers should be investigated; or\nif asked by the required number of members of the organisation; or\nif required to under section 793 (2) .\nThe registrar may also conduct an investigation—\nif satisfied there are reasonable grounds to conduct an investigation; or\nin another circumstance prescribed by regulation.\n(sec.795-ssec.1) The registrar must investigate an organisation’s finances or financial administration— if an audit report for the organisation states— there was an accounting deficiency in the organisation’s accounts; or another matter the registrar considers should be investigated; or if asked by the required number of members of the organisation; or if required to under section 793 (2) .\n(sec.795-ssec.2) The registrar may also conduct an investigation— if satisfied there are reasonable grounds to conduct an investigation; or in another circumstance prescribed by regulation.\n- (a) if an audit report for the organisation states— (i) there was an accounting deficiency in the organisation’s accounts; or (ii) another matter the registrar considers should be investigated; or\n- (i) there was an accounting deficiency in the organisation’s accounts; or\n- (ii) another matter the registrar considers should be investigated; or\n- (b) if asked by the required number of members of the organisation; or\n- (c) if required to under section 793 (2) .\n- (i) there was an accounting deficiency in the organisation’s accounts; or\n- (ii) another matter the registrar considers should be investigated; or\n- (a) if satisfied there are reasonable grounds to conduct an investigation; or\n- (b) in another circumstance prescribed by regulation.","sortOrder":1120},{"sectionNumber":"sec.796","sectionType":"section","heading":"Registrar’s directions for investigation","content":"### sec.796 Registrar’s directions for investigation\n\nThe registrar may direct an auditor, employee or officer, or a former auditor, employee or officer, of the organisation to give the registrar—\ninformation relevant to the investigation within the person’s knowledge or possession; or\ndocuments relevant to the investigation over which the person has control or custody.\nA person to whom a direction is given by the registrar under subsection (1) must comply with the direction, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for the person not to comply with the direction if doing so might tend to incriminate the person.\n(sec.796-ssec.1) The registrar may direct an auditor, employee or officer, or a former auditor, employee or officer, of the organisation to give the registrar— information relevant to the investigation within the person’s knowledge or possession; or documents relevant to the investigation over which the person has control or custody.\n(sec.796-ssec.2) A person to whom a direction is given by the registrar under subsection (1) must comply with the direction, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.796-ssec.3) It is a reasonable excuse for the person not to comply with the direction if doing so might tend to incriminate the person.\n- (a) information relevant to the investigation within the person’s knowledge or possession; or\n- (b) documents relevant to the investigation over which the person has control or custody.","sortOrder":1121},{"sectionNumber":"sec.797","sectionType":"section","heading":"Notice of contravention to organisation","content":"### sec.797 Notice of contravention to organisation\n\nThis section applies if the registrar considers the investigation has revealed a contravention of this Act or a rule of the organisation about its finances or financial administration.\nThe registrar may by notice—\nadvise the organisation of the contravention; and\nrequire it to take stated action, within a stated period, to remedy the contravention.\n(sec.797-ssec.1) This section applies if the registrar considers the investigation has revealed a contravention of this Act or a rule of the organisation about its finances or financial administration.\n(sec.797-ssec.2) The registrar may by notice— advise the organisation of the contravention; and require it to take stated action, within a stated period, to remedy the contravention.\n- (a) advise the organisation of the contravention; and\n- (b) require it to take stated action, within a stated period, to remedy the contravention.","sortOrder":1122},{"sectionNumber":"sec.798","sectionType":"section","heading":"Court may order compliance with notice","content":"### sec.798 Court may order compliance with notice\n\nIf the organisation does not comply with the notice under section 797 (2) , the court may, on the application of the registrar, make an order it considers appropriate to remedy the contravention stated in the notice.","sortOrder":1123},{"sectionNumber":"sec.799","sectionType":"section","heading":"Registrar’s examinations","content":"### sec.799 Registrar’s examinations\n\nThe registrar may engage an auditor (the registrar’s auditor ) to examine an organisation’s accounting records for a financial year or other period for the organisation if the registrar considers—\nthe organisation has not kept accounting records; or\nthe organisation has an accounting deficiency in its accounts; or\nthe organisation’s property has been misappropriated or improperly applied; or\nthe organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.\nThe registrar’s auditor must examine the organisation’s accounting records and give the registrar an audit report.\n(sec.799-ssec.1) The registrar may engage an auditor (the registrar’s auditor ) to examine an organisation’s accounting records for a financial year or other period for the organisation if the registrar considers— the organisation has not kept accounting records; or the organisation has an accounting deficiency in its accounts; or the organisation’s property has been misappropriated or improperly applied; or the organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.\n(sec.799-ssec.2) The registrar’s auditor must examine the organisation’s accounting records and give the registrar an audit report.\n- (a) the organisation has not kept accounting records; or\n- (b) the organisation has an accounting deficiency in its accounts; or\n- (c) the organisation’s property has been misappropriated or improperly applied; or\n- (d) the organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.","sortOrder":1124},{"sectionNumber":"sec.800","sectionType":"section","heading":"Powers of registrar’s auditor","content":"### sec.800 Powers of registrar’s auditor\n\nThe registrar’s auditor, or an appropriately qualified person authorised in writing by the auditor, has the functions and powers of an organisation’s auditor.","sortOrder":1125},{"sectionNumber":"sec.801","sectionType":"section","heading":"Costs of examination by registrar’s auditor","content":"### sec.801 Costs of examination by registrar’s auditor\n\nThe costs of or associated with an examination by a registrar’s auditor must be paid by the organisation for which the examination is carried out if demanded by the registrar.\nThe registrar may recover the amount of the costs not paid on demand as a debt.\n(sec.801-ssec.1) The costs of or associated with an examination by a registrar’s auditor must be paid by the organisation for which the examination is carried out if demanded by the registrar.\n(sec.801-ssec.2) The registrar may recover the amount of the costs not paid on demand as a debt.","sortOrder":1126},{"sectionNumber":"ch.12-pt.12","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":1127},{"sectionNumber":"ch.12-pt.12-div.1","sectionType":"division","heading":"Exemptions for organisations with counterpart federal bodies","content":"## Exemptions for organisations with counterpart federal bodies","sortOrder":1128},{"sectionNumber":"sec.802","sectionType":"section","heading":"Exemption if federal election held","content":"### sec.802 Exemption if federal election held\n\nAn organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from holding an election for a stated office or offices of the organisation or organisations ( stated office ).\nThe registrar may grant the exemption only if satisfied as follows—\nthe applicant has a counterpart federal body;\nthe counterpart federal body has held an election (the federal election ) for an office (the federal office ) under the Commonwealth Registered Organisations Act ;\nthe applicant’s rules provide the stated office is a corresponding office to the federal office;\nthe stated office will be filled by a person (the elected person ) elected in the federal election to the federal office;\nif the eligibility rules of the applicant and the counterpart federal body differ—the interests of the applicant’s members who were ineligible to vote in the federal election have not been disadvantaged.\nIf the exemption is granted—\nthe elected person is taken to have been elected to the stated office; and\nthe applicant’s rules for the election of the elected person to the stated office are taken to be complied with; and\nsection 629 does not apply to the rules for the election.\nIn this section—\ncorresponding office , to a federal office, means an office, however described, similar to the federal office.\n(sec.802-ssec.1) An organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from holding an election for a stated office or offices of the organisation or organisations ( stated office ).\n(sec.802-ssec.2) The registrar may grant the exemption only if satisfied as follows— the applicant has a counterpart federal body; the counterpart federal body has held an election (the federal election ) for an office (the federal office ) under the Commonwealth Registered Organisations Act ; the applicant’s rules provide the stated office is a corresponding office to the federal office; the stated office will be filled by a person (the elected person ) elected in the federal election to the federal office; if the eligibility rules of the applicant and the counterpart federal body differ—the interests of the applicant’s members who were ineligible to vote in the federal election have not been disadvantaged.\n(sec.802-ssec.3) If the exemption is granted— the elected person is taken to have been elected to the stated office; and the applicant’s rules for the election of the elected person to the stated office are taken to be complied with; and section 629 does not apply to the rules for the election.\n(sec.802-ssec.4) In this section— corresponding office , to a federal office, means an office, however described, similar to the federal office.\n- (a) the applicant has a counterpart federal body;\n- (b) the counterpart federal body has held an election (the federal election ) for an office (the federal office ) under the Commonwealth Registered Organisations Act ;\n- (c) the applicant’s rules provide the stated office is a corresponding office to the federal office;\n- (d) the stated office will be filled by a person (the elected person ) elected in the federal election to the federal office;\n- (e) if the eligibility rules of the applicant and the counterpart federal body differ—the interests of the applicant’s members who were ineligible to vote in the federal election have not been disadvantaged.\n- (a) the elected person is taken to have been elected to the stated office; and\n- (b) the applicant’s rules for the election of the elected person to the stated office are taken to be complied with; and\n- (c) section 629 does not apply to the rules for the election.","sortOrder":1129},{"sectionNumber":"sec.803","sectionType":"section","heading":"Obligation to notify change in federal election result","content":"### sec.803 Obligation to notify change in federal election result\n\nThis section applies if—\nan organisation has been granted an exemption under section 802 ; and\nan order under the Commonwealth Registered Organisations Act has changed the federal election result about which the exemption was given.\nThe organisation must give the registrar notice of the change as soon as practicable after it becomes aware of the change.\nMaximum penalty—100 penalty units.\nThe organisation is taken to become aware of the change if an officer of the organisation becomes aware of it.\n(sec.803-ssec.1) This section applies if— an organisation has been granted an exemption under section 802 ; and an order under the Commonwealth Registered Organisations Act has changed the federal election result about which the exemption was given.\n(sec.803-ssec.2) The organisation must give the registrar notice of the change as soon as practicable after it becomes aware of the change. Maximum penalty—100 penalty units.\n(sec.803-ssec.3) The organisation is taken to become aware of the change if an officer of the organisation becomes aware of it.\n- (a) an organisation has been granted an exemption under section 802 ; and\n- (b) an order under the Commonwealth Registered Organisations Act has changed the federal election result about which the exemption was given.","sortOrder":1130},{"sectionNumber":"sec.804","sectionType":"section","heading":"Exemption","content":"### sec.804 Exemption\n\nAn organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from keeping a members register or an officers register.\nThe registrar may grant the exemption only if satisfied the applicant has a counterpart federal body and—\nfor an exemption from keeping a members register—\nits members are, when the application is made, recorded as members of the body in the body’s register of members under the Commonwealth Registered Organisations Act ; and\nthe body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping its register of members and other records for its members; or\nfor an exemption from keeping an officers register—\nits officers are all officers of the body; and\nthe body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping and filing records for its officers.\nAn exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\n(sec.804-ssec.1) An organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from keeping a members register or an officers register.\n(sec.804-ssec.2) The registrar may grant the exemption only if satisfied the applicant has a counterpart federal body and— for an exemption from keeping a members register— its members are, when the application is made, recorded as members of the body in the body’s register of members under the Commonwealth Registered Organisations Act ; and the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping its register of members and other records for its members; or for an exemption from keeping an officers register— its officers are all officers of the body; and the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping and filing records for its officers.\n(sec.804-ssec.3) An exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\n- (a) for an exemption from keeping a members register— (i) its members are, when the application is made, recorded as members of the body in the body’s register of members under the Commonwealth Registered Organisations Act ; and (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping its register of members and other records for its members; or\n- (i) its members are, when the application is made, recorded as members of the body in the body’s register of members under the Commonwealth Registered Organisations Act ; and\n- (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping its register of members and other records for its members; or\n- (b) for an exemption from keeping an officers register— (i) its officers are all officers of the body; and (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping and filing records for its officers.\n- (i) its officers are all officers of the body; and\n- (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping and filing records for its officers.\n- (i) its members are, when the application is made, recorded as members of the body in the body’s register of members under the Commonwealth Registered Organisations Act ; and\n- (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping its register of members and other records for its members; or\n- (i) its officers are all officers of the body; and\n- (ii) the body has complied with the requirements under the Commonwealth Registered Organisations Act about keeping and filing records for its officers.","sortOrder":1131},{"sectionNumber":"sec.805","sectionType":"section","heading":"Effect of exemption","content":"### sec.805 Effect of exemption\n\nWhile an exemption from keeping a members register is in force for an organisation, its counterpart federal body’s register of members is taken to be the organisation’s members register.\nWhile an exemption from keeping an officers register is in force for an organisation, its counterpart federal body’s register of officers is taken to be the organisation’s officers register.\n(sec.805-ssec.1) While an exemption from keeping a members register is in force for an organisation, its counterpart federal body’s register of members is taken to be the organisation’s members register.\n(sec.805-ssec.2) While an exemption from keeping an officers register is in force for an organisation, its counterpart federal body’s register of officers is taken to be the organisation’s officers register.","sortOrder":1132},{"sectionNumber":"sec.806","sectionType":"section","heading":"Obligation to file copy of federal officers register","content":"### sec.806 Obligation to file copy of federal officers register\n\nThis section applies if the registrar has, under section 804 , granted an exemption to an organisation exempting it from keeping an officers register.\nThe organisation must, within 14 days after any records relating to offices, and persons holding the offices, for its counterpart federal body are lodged with the FWC under the Commonwealth Registered Organisations Act , file a copy of the records certified by the president or secretary of the body as being a true copy of the records.\nMaximum penalty—100 penalty units.\n(sec.806-ssec.1) This section applies if the registrar has, under section 804 , granted an exemption to an organisation exempting it from keeping an officers register.\n(sec.806-ssec.2) The organisation must, within 14 days after any records relating to offices, and persons holding the offices, for its counterpart federal body are lodged with the FWC under the Commonwealth Registered Organisations Act , file a copy of the records certified by the president or secretary of the body as being a true copy of the records. Maximum penalty—100 penalty units.","sortOrder":1133},{"sectionNumber":"sec.807","sectionType":"section","heading":"Obligation to give notice of change or contravention","content":"### sec.807 Obligation to give notice of change or contravention\n\nThis section applies to an organisation that has been granted an exemption under section 804 if any of the following events happen—\nit no longer has a counterpart federal body;\nif it was exempted from keeping a members register—\nits members are not recorded as members of the counterpart federal body of the organisation for which the exemption was granted in the body’s register of members under the Commonwealth Registered Organisations Act ; or\nthe body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its members;\nif it was exempted from keeping an officers register—\nnot all of its officers are officers of the counterpart federal body of the organisation for which the exemption was granted; or\nthe body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its officers.\nThe organisation must give the registrar notice of the happening of the event as soon as practicable after it becomes aware of the happening of the event.\nMaximum penalty—100 penalty units.\nThe organisation is taken to become aware of the happening of the event if an officer of the organisation becomes aware of it.\n(sec.807-ssec.1) This section applies to an organisation that has been granted an exemption under section 804 if any of the following events happen— it no longer has a counterpart federal body; if it was exempted from keeping a members register— its members are not recorded as members of the counterpart federal body of the organisation for which the exemption was granted in the body’s register of members under the Commonwealth Registered Organisations Act ; or the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its members; if it was exempted from keeping an officers register— not all of its officers are officers of the counterpart federal body of the organisation for which the exemption was granted; or the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its officers.\n(sec.807-ssec.2) The organisation must give the registrar notice of the happening of the event as soon as practicable after it becomes aware of the happening of the event. Maximum penalty—100 penalty units.\n(sec.807-ssec.3) The organisation is taken to become aware of the happening of the event if an officer of the organisation becomes aware of it.\n- (a) it no longer has a counterpart federal body;\n- (b) if it was exempted from keeping a members register— (i) its members are not recorded as members of the counterpart federal body of the organisation for which the exemption was granted in the body’s register of members under the Commonwealth Registered Organisations Act ; or (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its members;\n- (i) its members are not recorded as members of the counterpart federal body of the organisation for which the exemption was granted in the body’s register of members under the Commonwealth Registered Organisations Act ; or\n- (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its members;\n- (c) if it was exempted from keeping an officers register— (i) not all of its officers are officers of the counterpart federal body of the organisation for which the exemption was granted; or (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its officers.\n- (i) not all of its officers are officers of the counterpart federal body of the organisation for which the exemption was granted; or\n- (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its officers.\n- (i) its members are not recorded as members of the counterpart federal body of the organisation for which the exemption was granted in the body’s register of members under the Commonwealth Registered Organisations Act ; or\n- (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its members;\n- (i) not all of its officers are officers of the counterpart federal body of the organisation for which the exemption was granted; or\n- (ii) the body has contravened a requirement of the Commonwealth Registered Organisations Act about keeping or filing records for its officers.","sortOrder":1134},{"sectionNumber":"sec.808","sectionType":"section","heading":"Exemption","content":"### sec.808 Exemption\n\nAn organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from the whole or part of part 11 , division 6 , subdivisions 3 and 4 .\nThe registrar may grant the exemption only if satisfied—\nthe applicant has a counterpart federal body; and\nthe Commonwealth Registered Organisations Act imposes accounting and audit obligations on the counterpart federal body of the applicant that are an adequate substitute for each provision from which the applicant would be exempted; and\nthe counterpart federal body has complied with the provisions of the Commonwealth Registered Organisations Act that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and\nif the exemption is granted—the applicant will continue to be financially accountable to its members.\nAn exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\n(sec.808-ssec.1) An organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from the whole or part of part 11 , division 6 , subdivisions 3 and 4 .\n(sec.808-ssec.2) The registrar may grant the exemption only if satisfied— the applicant has a counterpart federal body; and the Commonwealth Registered Organisations Act imposes accounting and audit obligations on the counterpart federal body of the applicant that are an adequate substitute for each provision from which the applicant would be exempted; and the counterpart federal body has complied with the provisions of the Commonwealth Registered Organisations Act that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and if the exemption is granted—the applicant will continue to be financially accountable to its members.\n(sec.808-ssec.3) An exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\n- (a) the applicant has a counterpart federal body; and\n- (b) the Commonwealth Registered Organisations Act imposes accounting and audit obligations on the counterpart federal body of the applicant that are an adequate substitute for each provision from which the applicant would be exempted; and\n- (c) the counterpart federal body has complied with the provisions of the Commonwealth Registered Organisations Act that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and\n- (d) if the exemption is granted—the applicant will continue to be financially accountable to its members.","sortOrder":1135},{"sectionNumber":"sec.809","sectionType":"section","heading":"Effect of exemption","content":"### sec.809 Effect of exemption\n\nWhile an exemption from the whole or part of part 11 , division 6 , subdivisions 3 and 4 is in force for an organisation, each provision from which the organisation is exempted does not apply to the organisation.","sortOrder":1136},{"sectionNumber":"sec.810","sectionType":"section","heading":"References to audit report for pt 11 , div 6 , sdiv 5","content":"### sec.810 References to audit report for pt 11 , div 6 , sdiv 5\n\nThis section applies if—\nthe registrar has, under section 808 , granted an exemption to an organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and\nthe Commonwealth Registered Organisations Act requires the counterpart federal body of the organisation to appoint an auditor to inspect and audit the counterpart federal body’s accounting records and make a report.\nA reference in part 11 , division 6 , subdivision 5 to an organisation’s audit report is taken to be a reference to the audit report prepared for the counterpart federal body under the Commonwealth Registered Organisations Act .\n(sec.810-ssec.1) This section applies if— the registrar has, under section 808 , granted an exemption to an organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and the Commonwealth Registered Organisations Act requires the counterpart federal body of the organisation to appoint an auditor to inspect and audit the counterpart federal body’s accounting records and make a report.\n(sec.810-ssec.2) A reference in part 11 , division 6 , subdivision 5 to an organisation’s audit report is taken to be a reference to the audit report prepared for the counterpart federal body under the Commonwealth Registered Organisations Act .\n- (a) the registrar has, under section 808 , granted an exemption to an organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and\n- (b) the Commonwealth Registered Organisations Act requires the counterpart federal body of the organisation to appoint an auditor to inspect and audit the counterpart federal body’s accounting records and make a report.","sortOrder":1137},{"sectionNumber":"sec.811","sectionType":"section","heading":"Obligation to notify registrar of contravention of Commonwealth Act","content":"### sec.811 Obligation to notify registrar of contravention of Commonwealth Act\n\nThis section applies if the counterpart federal body of an organisation has contravened a provision of the Commonwealth Registered Organisations Act that corresponds, or substantially corresponds, with the provision for which the organisation was granted an exemption under section 808 .\nThe organisation must give the registrar notice of the contravention as soon as practicable after it becomes aware of the occurrence of the contravention.\nMaximum penalty—100 penalty units.\nThe organisation is taken to become aware of the occurrence of the contravention if an officer of the organisation becomes aware of it.\n(sec.811-ssec.1) This section applies if the counterpart federal body of an organisation has contravened a provision of the Commonwealth Registered Organisations Act that corresponds, or substantially corresponds, with the provision for which the organisation was granted an exemption under section 808 .\n(sec.811-ssec.2) The organisation must give the registrar notice of the contravention as soon as practicable after it becomes aware of the occurrence of the contravention. Maximum penalty—100 penalty units.\n(sec.811-ssec.3) The organisation is taken to become aware of the occurrence of the contravention if an officer of the organisation becomes aware of it.","sortOrder":1138},{"sectionNumber":"ch.12-pt.12-div.2","sectionType":"division","heading":"Exemptions from requirement that electoral commission conduct election","content":"## Exemptions from requirement that electoral commission conduct election","sortOrder":1139},{"sectionNumber":"sec.812","sectionType":"section","heading":"Who may apply","content":"### sec.812 Who may apply\n\nAn organisation or branch of an organisation may apply to the registrar for an exemption from the requirement that the electoral commission conduct—\nelections for the organisation or branch; or\nan election for a particular office for the organisation or branch.\nFor this section, if an organisation’s rules require an office for the organisation to be filled by an election by the members, or by some of the members, of 1 branch of the organisation, an election to fill the office is taken to be an election for the branch.\n(sec.812-ssec.1) An organisation or branch of an organisation may apply to the registrar for an exemption from the requirement that the electoral commission conduct— elections for the organisation or branch; or an election for a particular office for the organisation or branch.\n(sec.812-ssec.2) For this section, if an organisation’s rules require an office for the organisation to be filled by an election by the members, or by some of the members, of 1 branch of the organisation, an election to fill the office is taken to be an election for the branch.\n- (a) elections for the organisation or branch; or\n- (b) an election for a particular office for the organisation or branch.","sortOrder":1140},{"sectionNumber":"sec.813","sectionType":"section","heading":"Requirements for application","content":"### sec.813 Requirements for application\n\nAn application may be made only if the management committee of the organisation or branch of the organisation has—\nresolved to make the application; and\ngives the members of the organisation or branch notice, in the way prescribed by regulation, about the making of the resolution.\nThe application must be accompanied by an affidavit by a member of the management committee of the organisation or branch of the organisation stating subsection (1) has been complied with.\n(sec.813-ssec.1) An application may be made only if the management committee of the organisation or branch of the organisation has— resolved to make the application; and gives the members of the organisation or branch notice, in the way prescribed by regulation, about the making of the resolution.\n(sec.813-ssec.2) The application must be accompanied by an affidavit by a member of the management committee of the organisation or branch of the organisation stating subsection (1) has been complied with.\n- (a) resolved to make the application; and\n- (b) gives the members of the organisation or branch notice, in the way prescribed by regulation, about the making of the resolution.","sortOrder":1141},{"sectionNumber":"sec.814","sectionType":"section","heading":"Publication of application","content":"### sec.814 Publication of application\n\nThe registrar must publish, in the way prescribed by regulation, a notice stating details of the application.","sortOrder":1142},{"sectionNumber":"sec.815","sectionType":"section","heading":"Hearing application","content":"### sec.815 Hearing application\n\nThe registrar may grant the exemption only if satisfied—\nthe rules of the organisation or branch of the organisation comply with part 4 ; and\nif the exemption is granted, for each election to which the exemption applies—\nthe organisation’s rules and the obligations under subdivision 2 and part 7 will be complied with; and\nthe election will be conducted in a way that gives the organisation’s members who have the right to vote in the election an adequate opportunity of voting without intimidation; and\nsubdivision 2 and part 7 have been complied with for any previous exemption granted to the organisation or branch under this subdivision.\n- (a) the rules of the organisation or branch of the organisation comply with part 4 ; and\n- (b) if the exemption is granted, for each election to which the exemption applies— (i) the organisation’s rules and the obligations under subdivision 2 and part 7 will be complied with; and (ii) the election will be conducted in a way that gives the organisation’s members who have the right to vote in the election an adequate opportunity of voting without intimidation; and\n- (i) the organisation’s rules and the obligations under subdivision 2 and part 7 will be complied with; and\n- (ii) the election will be conducted in a way that gives the organisation’s members who have the right to vote in the election an adequate opportunity of voting without intimidation; and\n- (c) subdivision 2 and part 7 have been complied with for any previous exemption granted to the organisation or branch under this subdivision.\n- (i) the organisation’s rules and the obligations under subdivision 2 and part 7 will be complied with; and\n- (ii) the election will be conducted in a way that gives the organisation’s members who have the right to vote in the election an adequate opportunity of voting without intimidation; and","sortOrder":1143},{"sectionNumber":"sec.816","sectionType":"section","heading":"Application of subdivision","content":"### sec.816 Application of subdivision\n\nThis subdivision applies to an organisation or branch of the organisation for each election for which an exemption under subdivision 1 is granted.","sortOrder":1144},{"sectionNumber":"sec.817","sectionType":"section","heading":"Obligation to appoint returning officer","content":"### sec.817 Obligation to appoint returning officer\n\nBefore calling nominations for the election, the organisation or branch of the organisation must—\nappoint a returning officer to conduct the election; and\ngive the registrar—\nnotice of the returning officer’s name; and\na statutory declaration sworn by the returning officer stating the returning officer is not an employee, member or officer of the organisation or branch of the organisation; and\nobtain the registrar’s written approval of the returning officer’s appointment.\nMaximum penalty—100 penalty units.\nAn employee, member or officer of the organisation or branch of the organisation must not be appointed as the returning officer.\n(sec.817-ssec.1) Before calling nominations for the election, the organisation or branch of the organisation must— appoint a returning officer to conduct the election; and give the registrar— notice of the returning officer’s name; and a statutory declaration sworn by the returning officer stating the returning officer is not an employee, member or officer of the organisation or branch of the organisation; and obtain the registrar’s written approval of the returning officer’s appointment. Maximum penalty—100 penalty units.\n(sec.817-ssec.2) An employee, member or officer of the organisation or branch of the organisation must not be appointed as the returning officer.\n- (a) appoint a returning officer to conduct the election; and\n- (b) give the registrar— (i) notice of the returning officer’s name; and (ii) a statutory declaration sworn by the returning officer stating the returning officer is not an employee, member or officer of the organisation or branch of the organisation; and\n- (i) notice of the returning officer’s name; and\n- (ii) a statutory declaration sworn by the returning officer stating the returning officer is not an employee, member or officer of the organisation or branch of the organisation; and\n- (c) obtain the registrar’s written approval of the returning officer’s appointment.\n- (i) notice of the returning officer’s name; and\n- (ii) a statutory declaration sworn by the returning officer stating the returning officer is not an employee, member or officer of the organisation or branch of the organisation; and","sortOrder":1145},{"sectionNumber":"sec.818","sectionType":"section","heading":"Election result report","content":"### sec.818 Election result report\n\nWithin 14 days after the declaration of the result of the election, the returning officer for the election must give the registrar a written election result report for the election stating the particulars prescribed by regulation.\nMaximum penalty—100 penalty units.","sortOrder":1146},{"sectionNumber":"sec.819","sectionType":"section","heading":"Ballot records must be kept","content":"### sec.819 Ballot records must be kept\n\nEach of the following persons must take reasonable steps to ensure all ballot records given to the person for the election are kept for 1 year after the declaration of the result of the election—\nthe returning officer for the election;\nthe organisation or branch of the organisation for which the election is held;\nan officer of the organisation or branch of the organisation who performs a function for ballot records for the election.\nMaximum penalty—100 penalty units.\n- (a) the returning officer for the election;\n- (b) the organisation or branch of the organisation for which the election is held;\n- (c) an officer of the organisation or branch of the organisation who performs a function for ballot records for the election.","sortOrder":1147},{"sectionNumber":"ch.12-pt.12-div.3","sectionType":"division","heading":"Exemption from accounting or audit obligations for employer organisation that is corporation","content":"## Exemption from accounting or audit obligations for employer organisation that is corporation","sortOrder":1148},{"sectionNumber":"sec.820","sectionType":"section","heading":"Who may apply","content":"### sec.820 Who may apply\n\nAn employer organisation that is a corporation may apply to the registrar for an exemption from the whole or part of part 11 , division 6 , subdivisions 3 and 4 .","sortOrder":1149},{"sectionNumber":"sec.821","sectionType":"section","heading":"Grant of exemption","content":"### sec.821 Grant of exemption\n\nThe registrar may grant the exemption only if satisfied—\nanother Act or law imposes accounting and audit obligations on the employer organisation that are an adequate substitute for the provisions from which the organisation would be exempted; and\nthe Corporations Act , chapter 2M\nthe Associations Incorporation Act 1981\nthe organisation has complied with the provisions of the other Act or law that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and\nif the exemption is granted—the organisation will continue to be financially accountable to its members.\nAn exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\nWhile an exemption is in force, each provision from which the employer organisation is exempted does not apply to the organisation.\n(sec.821-ssec.1) The registrar may grant the exemption only if satisfied— another Act or law imposes accounting and audit obligations on the employer organisation that are an adequate substitute for the provisions from which the organisation would be exempted; and the Corporations Act , chapter 2M the Associations Incorporation Act 1981 the organisation has complied with the provisions of the other Act or law that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and if the exemption is granted—the organisation will continue to be financially accountable to its members.\n(sec.821-ssec.2) An exemption remains in force for the period stated in it or, if no period is stated, until it is cancelled.\n(sec.821-ssec.3) While an exemption is in force, each provision from which the employer organisation is exempted does not apply to the organisation.\n- (a) another Act or law imposes accounting and audit obligations on the employer organisation that are an adequate substitute for the provisions from which the organisation would be exempted; and Examples of other laws that impose accounting and audit obligations— • the Corporations Act , chapter 2M • the Associations Incorporation Act 1981\n- • the Corporations Act , chapter 2M\n- • the Associations Incorporation Act 1981\n- (b) the organisation has complied with the provisions of the other Act or law that correspond, or substantially correspond, with the provisions from which the organisation would be exempted; and\n- (c) if the exemption is granted—the organisation will continue to be financially accountable to its members.\n- • the Corporations Act , chapter 2M\n- • the Associations Incorporation Act 1981","sortOrder":1150},{"sectionNumber":"sec.822","sectionType":"section","heading":"References to audit report for pt 11 , div 6 , sdiv 5","content":"### sec.822 References to audit report for pt 11 , div 6 , sdiv 5\n\nThis section applies if—\nthe registrar has, under section 821 , granted an exemption for an employer organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and\nanother Act or law requires the organisation or its counterpart federal body to appoint an auditor to inspect and audit the organisation’s accounting records and make a report.\nA reference in part 11 , division 6 , subdivision 5 to an employer organisation’s audit report is taken to be a reference to the audit report prepared for the organisation under the other Act or law.\n(sec.822-ssec.1) This section applies if— the registrar has, under section 821 , granted an exemption for an employer organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and another Act or law requires the organisation or its counterpart federal body to appoint an auditor to inspect and audit the organisation’s accounting records and make a report.\n(sec.822-ssec.2) A reference in part 11 , division 6 , subdivision 5 to an employer organisation’s audit report is taken to be a reference to the audit report prepared for the organisation under the other Act or law.\n- (a) the registrar has, under section 821 , granted an exemption for an employer organisation from the requirement to appoint an auditor to inspect and audit the organisation’s accounting records and make a report under part 11 , division 6 , subdivision 4 ; and\n- (b) another Act or law requires the organisation or its counterpart federal body to appoint an auditor to inspect and audit the organisation’s accounting records and make a report.","sortOrder":1151},{"sectionNumber":"sec.823","sectionType":"section","heading":"Obligation to notify registrar of contravention of other law","content":"### sec.823 Obligation to notify registrar of contravention of other law\n\nThis section applies if an employer organisation has contravened a provision of another Act or law that corresponds, or substantially corresponds, with the provision for which the employer organisation was granted an exemption under section 821 .\nThe employer organisation must give the registrar notice of the contravention as soon as practicable after it becomes aware of the happening of the contravention.\nMaximum penalty—100 penalty units.\nThe employer organisation is taken to become aware of the happening of the contravention if an officer of the organisation becomes aware of it.\n(sec.823-ssec.1) This section applies if an employer organisation has contravened a provision of another Act or law that corresponds, or substantially corresponds, with the provision for which the employer organisation was granted an exemption under section 821 .\n(sec.823-ssec.2) The employer organisation must give the registrar notice of the contravention as soon as practicable after it becomes aware of the happening of the contravention. Maximum penalty—100 penalty units.\n(sec.823-ssec.3) The employer organisation is taken to become aware of the happening of the contravention if an officer of the organisation becomes aware of it.","sortOrder":1152},{"sectionNumber":"ch.12-pt.12-div.4","sectionType":"division","heading":"Cancellation of exemptions","content":"## Cancellation of exemptions","sortOrder":1153},{"sectionNumber":"sec.824","sectionType":"section","heading":"Cancellation grounds","content":"### sec.824 Cancellation grounds\n\nAn exemption under this part may be cancelled by the registrar only—\nif the holder of the exemption asks for its cancellation; or\non a ground mentioned in subsection (2) .\nThe grounds are as follows—\nfor an exemption under section 802 —\nthe organisation no longer has a counterpart federal body; or\nthe making of an order mentioned in section 803 (1) (b) changing the federal election result about which the exemption was given;\nfor an exemption under section 804 from keeping an officers register—the holder has contravened section 806 ;\nthe occurrence of a contravention or an event for which the holder must, under division 1 or 2 , give the registrar notice;\nfor an exemption under section 821 —the registrar is no longer satisfied under section 821 (1) ;\nfor an exemption under section 815 —\nthe registrar is no longer satisfied under section 815 ; or\nthere has been a contravention of part 7 or division 2 , subdivision 2 for an election for which the exemption was granted; or\nthe required number of members of the holder ask for the cancellation.\n(sec.824-ssec.1) An exemption under this part may be cancelled by the registrar only— if the holder of the exemption asks for its cancellation; or on a ground mentioned in subsection (2) .\n(sec.824-ssec.2) The grounds are as follows— for an exemption under section 802 — the organisation no longer has a counterpart federal body; or the making of an order mentioned in section 803 (1) (b) changing the federal election result about which the exemption was given; for an exemption under section 804 from keeping an officers register—the holder has contravened section 806 ; the occurrence of a contravention or an event for which the holder must, under division 1 or 2 , give the registrar notice; for an exemption under section 821 —the registrar is no longer satisfied under section 821 (1) ; for an exemption under section 815 — the registrar is no longer satisfied under section 815 ; or there has been a contravention of part 7 or division 2 , subdivision 2 for an election for which the exemption was granted; or the required number of members of the holder ask for the cancellation.\n- (a) if the holder of the exemption asks for its cancellation; or\n- (b) on a ground mentioned in subsection (2) .\n- (a) for an exemption under section 802 — (i) the organisation no longer has a counterpart federal body; or (ii) the making of an order mentioned in section 803 (1) (b) changing the federal election result about which the exemption was given;\n- (i) the organisation no longer has a counterpart federal body; or\n- (ii) the making of an order mentioned in section 803 (1) (b) changing the federal election result about which the exemption was given;\n- (b) for an exemption under section 804 from keeping an officers register—the holder has contravened section 806 ;\n- (c) the occurrence of a contravention or an event for which the holder must, under division 1 or 2 , give the registrar notice;\n- (d) for an exemption under section 821 —the registrar is no longer satisfied under section 821 (1) ;\n- (e) for an exemption under section 815 — (i) the registrar is no longer satisfied under section 815 ; or (ii) there has been a contravention of part 7 or division 2 , subdivision 2 for an election for which the exemption was granted; or (iii) the required number of members of the holder ask for the cancellation.\n- (i) the registrar is no longer satisfied under section 815 ; or\n- (ii) there has been a contravention of part 7 or division 2 , subdivision 2 for an election for which the exemption was granted; or\n- (iii) the required number of members of the holder ask for the cancellation.\n- (i) the organisation no longer has a counterpart federal body; or\n- (ii) the making of an order mentioned in section 803 (1) (b) changing the federal election result about which the exemption was given;\n- (i) the registrar is no longer satisfied under section 815 ; or\n- (ii) there has been a contravention of part 7 or division 2 , subdivision 2 for an election for which the exemption was granted; or\n- (iii) the required number of members of the holder ask for the cancellation.","sortOrder":1154},{"sectionNumber":"sec.825","sectionType":"section","heading":"Alternatives to cancellation for federal election exemption","content":"### sec.825 Alternatives to cancellation for federal election exemption\n\nThis section applies if the registrar considers an exemption under section 802 may be cancelled because an order mentioned in section 803 (1) (b) has been made.\nThe registrar may—\namend the exemption instead of cancelling it; or\ncancel it and grant another exemption instead to reflect the terms of the order.\n(sec.825-ssec.1) This section applies if the registrar considers an exemption under section 802 may be cancelled because an order mentioned in section 803 (1) (b) has been made.\n(sec.825-ssec.2) The registrar may— amend the exemption instead of cancelling it; or cancel it and grant another exemption instead to reflect the terms of the order.\n- (a) amend the exemption instead of cancelling it; or\n- (b) cancel it and grant another exemption instead to reflect the terms of the order.","sortOrder":1155},{"sectionNumber":"ch.12-pt.13","sectionType":"part","heading":"Validations","content":"# Validations","sortOrder":1156},{"sectionNumber":"ch.12-pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1157},{"sectionNumber":"sec.826","sectionType":"section","heading":"Definitions for part","content":"### sec.826 Definitions for part\n\nIn this part—\nact includes decision.\ncollective body , of an organisation, means—\nits management committee; or\na conference, council, committee, panel or other body of or within the organisation.\ninvalidity includes defect.\norganisation includes a branch of an organisation.\n- (a) its management committee; or\n- (b) a conference, council, committee, panel or other body of or within the organisation.","sortOrder":1158},{"sectionNumber":"ch.12-pt.13-div.2","sectionType":"division","heading":"Validations","content":"## Validations","sortOrder":1159},{"sectionNumber":"sec.827","sectionType":"section","heading":"Limitation on validations if substantial injustice","content":"### sec.827 Limitation on validations if substantial injustice\n\nThis division operates to validate an act or event only if the operation does not or will not cause substantial injustice to—\nthe organisation to which the act or event applies or concerns; or\na member or creditor of the organisation; or\na person dealing with, or who has dealt with, the organisation.\nHowever, subsection (1) does not apply to sections 829 to 831 .\n(sec.827-ssec.1) This division operates to validate an act or event only if the operation does not or will not cause substantial injustice to— the organisation to which the act or event applies or concerns; or a member or creditor of the organisation; or a person dealing with, or who has dealt with, the organisation.\n(sec.827-ssec.2) However, subsection (1) does not apply to sections 829 to 831 .\n- (a) the organisation to which the act or event applies or concerns; or\n- (b) a member or creditor of the organisation; or\n- (c) a person dealing with, or who has dealt with, the organisation.","sortOrder":1160},{"sectionNumber":"sec.828","sectionType":"section","heading":"Validation of certain acts done in good faith","content":"### sec.828 Validation of certain acts done in good faith\n\nThis section applies to an act done in good faith by an organisation, a collective body or officer of an organisation or a purported collective body or officer of an organisation.\nThe act is not invalid only because—\nof an invalidity discovered later in—\nthe election or appointment of a collective body or officer of the organisation; or\nthe organisation’s rules; or\nmaking, amending or repealing a rule of the organisation; or\nof an absence of quorum or other procedural irregularity; or\nthe organisation has a counterpart federal body.\nIn this section—\nan act is taken to be done in good faith unless proved otherwise; and\na person who has purported to be a member of a collective body is taken to have done so in good faith unless proved otherwise; and\nknowledge of facts from which an invalidity arose is not by itself knowledge of the invalidity; and\nan invalidity is taken not to be discovered until known by a majority of the members of the management committee of the organisation.\nThis section—\ndoes not affect the operation of part 7 or an election inquiry under part 8 ; and\ndoes not validate an expulsion, suspension, fine or penalty for a member of the organisation if that act would not have been valid had this section not been enacted; and\napplies to an action done—\nbefore or after this section commences; or\nconcerning an association that became an organisation after the act was done.\n(sec.828-ssec.1) This section applies to an act done in good faith by an organisation, a collective body or officer of an organisation or a purported collective body or officer of an organisation.\n(sec.828-ssec.2) The act is not invalid only because— of an invalidity discovered later in— the election or appointment of a collective body or officer of the organisation; or the organisation’s rules; or making, amending or repealing a rule of the organisation; or of an absence of quorum or other procedural irregularity; or the organisation has a counterpart federal body.\n(sec.828-ssec.3) In this section— an act is taken to be done in good faith unless proved otherwise; and a person who has purported to be a member of a collective body is taken to have done so in good faith unless proved otherwise; and knowledge of facts from which an invalidity arose is not by itself knowledge of the invalidity; and an invalidity is taken not to be discovered until known by a majority of the members of the management committee of the organisation.\n(sec.828-ssec.4) This section— does not affect the operation of part 7 or an election inquiry under part 8 ; and does not validate an expulsion, suspension, fine or penalty for a member of the organisation if that act would not have been valid had this section not been enacted; and applies to an action done— before or after this section commences; or concerning an association that became an organisation after the act was done.\n- (a) of an invalidity discovered later in— (i) the election or appointment of a collective body or officer of the organisation; or (ii) the organisation’s rules; or (iii) making, amending or repealing a rule of the organisation; or\n- (i) the election or appointment of a collective body or officer of the organisation; or\n- (ii) the organisation’s rules; or\n- (iii) making, amending or repealing a rule of the organisation; or\n- (b) of an absence of quorum or other procedural irregularity; or\n- (c) the organisation has a counterpart federal body.\n- (i) the election or appointment of a collective body or officer of the organisation; or\n- (ii) the organisation’s rules; or\n- (iii) making, amending or repealing a rule of the organisation; or\n- (a) an act is taken to be done in good faith unless proved otherwise; and\n- (b) a person who has purported to be a member of a collective body is taken to have done so in good faith unless proved otherwise; and\n- (c) knowledge of facts from which an invalidity arose is not by itself knowledge of the invalidity; and\n- (d) an invalidity is taken not to be discovered until known by a majority of the members of the management committee of the organisation.\n- (a) does not affect the operation of part 7 or an election inquiry under part 8 ; and\n- (b) does not validate an expulsion, suspension, fine or penalty for a member of the organisation if that act would not have been valid had this section not been enacted; and\n- (c) applies to an action done— (i) before or after this section commences; or (ii) concerning an association that became an organisation after the act was done.\n- (i) before or after this section commences; or\n- (ii) concerning an association that became an organisation after the act was done.\n- (i) before or after this section commences; or\n- (ii) concerning an association that became an organisation after the act was done.","sortOrder":1161},{"sectionNumber":"sec.829","sectionType":"section","heading":"Certain acts by person purporting to act in an office","content":"### sec.829 Certain acts by person purporting to act in an office\n\nThis section applies if—\na person was apparently elected to an office for an organisation in an election; and\nthe person has purported to act in the office since the election; and\nthe commission declares the person’s election void.\nThe person’s acts while purporting to act in the office for the organisation that could have been validly done if the person were properly elected are valid.\n(sec.829-ssec.1) This section applies if— a person was apparently elected to an office for an organisation in an election; and the person has purported to act in the office since the election; and the commission declares the person’s election void.\n(sec.829-ssec.2) The person’s acts while purporting to act in the office for the organisation that could have been validly done if the person were properly elected are valid.\n- (a) a person was apparently elected to an office for an organisation in an election; and\n- (b) the person has purported to act in the office since the election; and\n- (c) the commission declares the person’s election void.","sortOrder":1162},{"sectionNumber":"sec.830","sectionType":"section","heading":"Election not invalid because of compliance with order","content":"### sec.830 Election not invalid because of compliance with order\n\nAn election or a step in an election conducted under an order of the commission is valid despite a contravention of the rules of an organisation or branch of the organisation for which the election or step was conducted.","sortOrder":1163},{"sectionNumber":"sec.831","sectionType":"section","heading":"Election not invalid because of contravention of pt 12 , div 2 , sdiv 2","content":"### sec.831 Election not invalid because of contravention of pt 12 , div 2 , sdiv 2\n\nIf an exemption under part 12 , division 2 applies to an election, a contravention of part 12 , division 2 , subdivision 2 does not invalidate the election.","sortOrder":1164},{"sectionNumber":"sec.832","sectionType":"section","heading":"Validation of certain events after 4 years","content":"### sec.832 Validation of certain events after 4 years\n\nThis section applies to each of the following events 4 years after the event happens—\nthe election or appointment, or purported election or appointment, to an office for an organisation;\na making or amendment, or purported making or amendment, of a rule of an organisation.\nThe event is taken to have been done under the organisation’s rules.\nHowever, this section does not affect a decision by the court or another court, the commission or the registrar made about the event before the 4 years ends.\nThis section applies to an event happening—\nbefore or after this section commences; or\nto an association before it became an organisation.\nIn this section—\ndecision includes a decree, sentence, verdict and a similar act.\n(sec.832-ssec.1) This section applies to each of the following events 4 years after the event happens— the election or appointment, or purported election or appointment, to an office for an organisation; a making or amendment, or purported making or amendment, of a rule of an organisation.\n(sec.832-ssec.2) The event is taken to have been done under the organisation’s rules.\n(sec.832-ssec.3) However, this section does not affect a decision by the court or another court, the commission or the registrar made about the event before the 4 years ends.\n(sec.832-ssec.4) This section applies to an event happening— before or after this section commences; or to an association before it became an organisation.\n(sec.832-ssec.5) In this section— decision includes a decree, sentence, verdict and a similar act.\n- (a) the election or appointment, or purported election or appointment, to an office for an organisation;\n- (b) a making or amendment, or purported making or amendment, of a rule of an organisation.\n- (a) before or after this section commences; or\n- (b) to an association before it became an organisation.","sortOrder":1165},{"sectionNumber":"sec.833","sectionType":"section","heading":"Counterpart federal body not a ground for challenge","content":"### sec.833 Counterpart federal body not a ground for challenge\n\nIn proceedings, the validity of the following about an organisation can not be challenged or in any way affected only because of a ground mentioned in subsection (2) —\nthe organisation’s existence or registration;\nthe election of an officer of the organisation;\na rule of the organisation;\na decision made by or about the organisation;\nthe operation of a rule or a decision mentioned in paragraph (c) or (d) .\nThe grounds are as follows—\nthe organisation has a counterpart federal body;\na person is a member of the organisation and its counterpart federal body and the organisation did not receive a separate membership application or fee from the member;\nthe organisation has the same, or substantially the same, rules as its counterpart federal body;\nthe organisation did not keep separate members or officers registers or accounting or other records from its counterpart federal body.\n(sec.833-ssec.1) In proceedings, the validity of the following about an organisation can not be challenged or in any way affected only because of a ground mentioned in subsection (2) — the organisation’s existence or registration; the election of an officer of the organisation; a rule of the organisation; a decision made by or about the organisation; the operation of a rule or a decision mentioned in paragraph (c) or (d) .\n(sec.833-ssec.2) The grounds are as follows— the organisation has a counterpart federal body; a person is a member of the organisation and its counterpart federal body and the organisation did not receive a separate membership application or fee from the member; the organisation has the same, or substantially the same, rules as its counterpart federal body; the organisation did not keep separate members or officers registers or accounting or other records from its counterpart federal body.\n- (a) the organisation’s existence or registration;\n- (b) the election of an officer of the organisation;\n- (c) a rule of the organisation;\n- (d) a decision made by or about the organisation;\n- (e) the operation of a rule or a decision mentioned in paragraph (c) or (d) .\n- (a) the organisation has a counterpart federal body;\n- (b) a person is a member of the organisation and its counterpart federal body and the organisation did not receive a separate membership application or fee from the member;\n- (c) the organisation has the same, or substantially the same, rules as its counterpart federal body;\n- (d) the organisation did not keep separate members or officers registers or accounting or other records from its counterpart federal body.","sortOrder":1166},{"sectionNumber":"sec.834","sectionType":"section","heading":"Amalgamations and withdrawals","content":"### sec.834 Amalgamations and withdrawals\n\nThis section applies if no proceedings have been taken to challenge—\nan amalgamation within 6 months after the amalgamation day for the amalgamation; or\na withdrawal within 6 months after the withdrawal day for the withdrawal.\nThe following are taken to be, and to have always been, valid—\nthe amalgamation or withdrawal;\nanything else done or purporting to have been done—\nconcerning the amalgamation or withdrawal; or\non which the validity of the amalgamation or withdrawal depends.\nSubsection (2) has effect despite an order of the court, another court or tribunal, the commission or the registrar made before the end of the 6 months.\nIn this section—\namalgamation includes a purported amalgamation and anything done or purporting to have been done under part 14 to give effect to an amalgamation or purported amalgamation.\namalgamation day see section 838 .\nwithdrawal includes a purported withdrawal and anything done or purporting to have been done under part 14 to give effect to a withdrawal or purported withdrawal.\nwithdrawal day see section 838 .\n(sec.834-ssec.1) This section applies if no proceedings have been taken to challenge— an amalgamation within 6 months after the amalgamation day for the amalgamation; or a withdrawal within 6 months after the withdrawal day for the withdrawal.\n(sec.834-ssec.2) The following are taken to be, and to have always been, valid— the amalgamation or withdrawal; anything else done or purporting to have been done— concerning the amalgamation or withdrawal; or on which the validity of the amalgamation or withdrawal depends.\n(sec.834-ssec.3) Subsection (2) has effect despite an order of the court, another court or tribunal, the commission or the registrar made before the end of the 6 months.\n(sec.834-ssec.4) In this section— amalgamation includes a purported amalgamation and anything done or purporting to have been done under part 14 to give effect to an amalgamation or purported amalgamation. amalgamation day see section 838 . withdrawal includes a purported withdrawal and anything done or purporting to have been done under part 14 to give effect to a withdrawal or purported withdrawal. withdrawal day see section 838 .\n- (a) an amalgamation within 6 months after the amalgamation day for the amalgamation; or\n- (b) a withdrawal within 6 months after the withdrawal day for the withdrawal.\n- (a) the amalgamation or withdrawal;\n- (b) anything else done or purporting to have been done— (i) concerning the amalgamation or withdrawal; or (ii) on which the validity of the amalgamation or withdrawal depends.\n- (i) concerning the amalgamation or withdrawal; or\n- (ii) on which the validity of the amalgamation or withdrawal depends.\n- (i) concerning the amalgamation or withdrawal; or\n- (ii) on which the validity of the amalgamation or withdrawal depends.","sortOrder":1167},{"sectionNumber":"ch.12-pt.13-div.3","sectionType":"division","heading":"Orders about invalidity or its effects","content":"## Orders about invalidity or its effects","sortOrder":1168},{"sectionNumber":"sec.835","sectionType":"section","heading":"Commission may decide","content":"### sec.835 Commission may decide\n\nThe commission may, on application, decide whether an invalidity has happened in—\nthe management or administration of an organisation’s affairs; or\nthe election or appointment of an officer of an organisation; or\nthe making, amending or repealing of a rule of an organisation.\nIn deciding the application, the commission may declare whether or not an invalidity has happened.\n(sec.835-ssec.1) The commission may, on application, decide whether an invalidity has happened in— the management or administration of an organisation’s affairs; or the election or appointment of an officer of an organisation; or the making, amending or repealing of a rule of an organisation.\n(sec.835-ssec.2) In deciding the application, the commission may declare whether or not an invalidity has happened.\n- (a) the management or administration of an organisation’s affairs; or\n- (b) the election or appointment of an officer of an organisation; or\n- (c) the making, amending or repealing of a rule of an organisation.","sortOrder":1169},{"sectionNumber":"sec.836","sectionType":"section","heading":"Who may apply","content":"### sec.836 Who may apply\n\nThe application may be made only by—\nthe organisation; or\na member of the organisation; or\nanother person the commission considers has a sufficient interest in the subject matter of the application.\n- (a) the organisation; or\n- (b) a member of the organisation; or\n- (c) another person the commission considers has a sufficient interest in the subject matter of the application.","sortOrder":1170},{"sectionNumber":"sec.837","sectionType":"section","heading":"Orders about effects of invalidity","content":"### sec.837 Orders about effects of invalidity\n\nThis section applies if, on the hearing of the application, the commission declares an invalidity has happened.\nThe commission may make an order it considers appropriate—\nto remedy the invalidity or to cause it to be remedied; or\nto change or prevent, or cause to change or prevent, the effects of the invalidity; or\nto validate an act, matter or thing made invalid by or because of the invalidity.\nThe commission may also make another order consequential on an order under subsection (2) .\nThe commission must not make an order under this section if the order would cause substantial injustice to—\nthe organisation that the invalidity concerns; or\na member or creditor of the organisation; or\na person dealing with or who has dealt with the organisation.\n(sec.837-ssec.1) This section applies if, on the hearing of the application, the commission declares an invalidity has happened.\n(sec.837-ssec.2) The commission may make an order it considers appropriate— to remedy the invalidity or to cause it to be remedied; or to change or prevent, or cause to change or prevent, the effects of the invalidity; or to validate an act, matter or thing made invalid by or because of the invalidity.\n(sec.837-ssec.3) The commission may also make another order consequential on an order under subsection (2) .\n(sec.837-ssec.4) The commission must not make an order under this section if the order would cause substantial injustice to— the organisation that the invalidity concerns; or a member or creditor of the organisation; or a person dealing with or who has dealt with the organisation.\n- (a) to remedy the invalidity or to cause it to be remedied; or\n- (b) to change or prevent, or cause to change or prevent, the effects of the invalidity; or\n- (c) to validate an act, matter or thing made invalid by or because of the invalidity.\n- (a) the organisation that the invalidity concerns; or\n- (b) a member or creditor of the organisation; or\n- (c) a person dealing with or who has dealt with the organisation.","sortOrder":1171},{"sectionNumber":"ch.12-pt.14","sectionType":"part","heading":"Amalgamations and withdrawals","content":"# Amalgamations and withdrawals","sortOrder":1172},{"sectionNumber":"ch.12-pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1173},{"sectionNumber":"sec.838","sectionType":"section","heading":"Definitions for part","content":"### sec.838 Definitions for part\n\nIn this part—\namalgamated organisation means an organisation amalgamated under division 2 .\namalgamation ballot means a ballot for a proposed amalgamation under division 2 .\namalgamation day , for an amalgamation or proposed amalgamation, means the day the amalgamation takes effect or is to take effect.\nconstituent part , for an amalgamated organisation, means a part of the membership of the amalgamated organisation that would have been eligible for membership of an organisation deregistered for the formation of the amalgamated organisation had the deregistration of the organisation not happened.\nexisting organisation means an organisation concerned in a proposed amalgamation.\nnewly registered organisation means an organisation registered under section 847 .\nproposed amalgamated organisation , for a proposed amalgamation, means the existing organisation or proposed organisation that members of the proposed deregistering organisations propose to become members of under division 2 .\nproposed deregistering organisation , for a proposed amalgamation, means an organisation that is, under division 2 , to be deregistered as part of the amalgamation.\nwithdrawal ballot means a ballot for a proposed withdrawal.\nwithdrawal day , for a withdrawal or proposed withdrawal, means the day the withdrawal is to take effect.","sortOrder":1174},{"sectionNumber":"ch.12-pt.14-div.2","sectionType":"division","heading":"Amalgamations","content":"## Amalgamations","sortOrder":1175},{"sectionNumber":"sec.839","sectionType":"section","heading":"Amalgamation permitted only under this division","content":"### sec.839 Amalgamation permitted only under this division\n\nAn amalgamation may be carried out only under this division.","sortOrder":1176},{"sectionNumber":"sec.840","sectionType":"section","heading":"Commission to approve proposed amalgamation","content":"### sec.840 Commission to approve proposed amalgamation\n\nThe commission may, by order, approve an amalgamation only if—\nthe procedure for carrying out an amalgamation prescribed by regulation has been complied with; and\nthe rules of the proposed amalgamated organisation for the proposed amalgamation comply with parts 3 and 4 .\n- (a) the procedure for carrying out an amalgamation prescribed by regulation has been complied with; and\n- (b) the rules of the proposed amalgamated organisation for the proposed amalgamation comply with parts 3 and 4 .","sortOrder":1177},{"sectionNumber":"sec.841","sectionType":"section","heading":"Additional regulation-making powers for amalgamations","content":"### sec.841 Additional regulation-making powers for amalgamations\n\nA regulation may provide for the following—\nthe joint representation of the members of existing organisations for an amalgamation until the amalgamation day for the amalgamation;\nfor an amalgamation ballot by proposed members of the proposed amalgamated organisation for the proposed amalgamation;\nhow an amalgamation ballot must be conducted;\nthat the commission may inquire into any claimed irregularity in an amalgamation ballot and its powers for the inquiry;\nfor when an approved amalgamation takes effect;\nthe effect of an amalgamation on decisions that bound a proposed deregistering organisation for the amalgamation on the amalgamated organisation or its members;\nsubstituting a proposed amalgamated organisation for a proposed deregistering organisation for the proposed amalgamation in pending proceedings;\nsubstituting an amalgamated organisation for an organisation that was deregistered on the amalgamation of the amalgamated organisation in pending proceedings;\nany other matter necessary to give effect to an amalgamation.\n- (a) the joint representation of the members of existing organisations for an amalgamation until the amalgamation day for the amalgamation;\n- (b) for an amalgamation ballot by proposed members of the proposed amalgamated organisation for the proposed amalgamation;\n- (c) how an amalgamation ballot must be conducted;\n- (d) that the commission may inquire into any claimed irregularity in an amalgamation ballot and its powers for the inquiry;\n- (e) for when an approved amalgamation takes effect;\n- (f) the effect of an amalgamation on decisions that bound a proposed deregistering organisation for the amalgamation on the amalgamated organisation or its members;\n- (g) substituting a proposed amalgamated organisation for a proposed deregistering organisation for the proposed amalgamation in pending proceedings;\n- (h) substituting an amalgamated organisation for an organisation that was deregistered on the amalgamation of the amalgamated organisation in pending proceedings;\n- (i) any other matter necessary to give effect to an amalgamation.","sortOrder":1178},{"sectionNumber":"sec.842","sectionType":"section","heading":"Effect of amalgamation","content":"### sec.842 Effect of amalgamation\n\nThis section applies on the amalgamation day for an amalgamation.\nIf the proposed amalgamated organisation for the proposed amalgamation is not already registered, the registrar must—\nenter in the register its name and the amalgamation day; and\ngive it a certificate of registration in the approved form.\nIf the amalgamated organisation was not incorporated before the entry in the register, section 611 applies to the organisation as if the commission had granted a registration application under part 2 on the amalgamation day.\nDespite part 6 , a proposed amendment of the rules of an existing organisation for the amalgamation takes effect.\nIf there is a proposed deregistering organisation for the proposed amalgamation—\nsections 888 to 890 and 893 apply to the organisation as if a deregistration order had been made for it; and\nits property and liabilities vest in the amalgamated organisation; and\nits members become members of the amalgamated organisation, without requirement to pay an entrance fee.\nThe amalgamated organisation must take all necessary steps to give effect to the amalgamation.\n(sec.842-ssec.1) This section applies on the amalgamation day for an amalgamation.\n(sec.842-ssec.2) If the proposed amalgamated organisation for the proposed amalgamation is not already registered, the registrar must— enter in the register its name and the amalgamation day; and give it a certificate of registration in the approved form.\n(sec.842-ssec.3) If the amalgamated organisation was not incorporated before the entry in the register, section 611 applies to the organisation as if the commission had granted a registration application under part 2 on the amalgamation day.\n(sec.842-ssec.4) Despite part 6 , a proposed amendment of the rules of an existing organisation for the amalgamation takes effect.\n(sec.842-ssec.5) If there is a proposed deregistering organisation for the proposed amalgamation— sections 888 to 890 and 893 apply to the organisation as if a deregistration order had been made for it; and its property and liabilities vest in the amalgamated organisation; and its members become members of the amalgamated organisation, without requirement to pay an entrance fee.\n(sec.842-ssec.6) The amalgamated organisation must take all necessary steps to give effect to the amalgamation.\n- (a) enter in the register its name and the amalgamation day; and\n- (b) give it a certificate of registration in the approved form.\n- (a) sections 888 to 890 and 893 apply to the organisation as if a deregistration order had been made for it; and\n- (b) its property and liabilities vest in the amalgamated organisation; and\n- (c) its members become members of the amalgamated organisation, without requirement to pay an entrance fee.","sortOrder":1179},{"sectionNumber":"sec.843","sectionType":"section","heading":"Holding office after amalgamation","content":"### sec.843 Holding office after amalgamation\n\nThis section applies to the rules of an amalgamated organisation or proposed amalgamated organisation for a proposed amalgamation if the organisation is not a corporation.\nDespite parts 3 and 4 , the rules may allow an officer (an existing officer ) of a proposed deregistering organisation for the proposed amalgamation, or of an existing organisation, who holds office immediately before the amalgamation day for the amalgamation to be an officer of the proposed amalgamated organisation for the proposed amalgamation.\nHowever, the rules must not allow the existing officer to hold office for the amalgamated organisation without an ordinary election for more than the longer of—\nthe existing officer’s unexpired term immediately before the amalgamation day for the amalgamation; or\n2 years from the amalgamation day.\nThe rules must make reasonable provision for synchronising the election with elections for other offices for the organisation.\nSection 621 applies to an office for an amalgamated organisation held by an existing officer of a deregistered organisation for the amalgamation.\nSection 624 does not apply to an office for an amalgamated organisation held by an existing officer.\n(sec.843-ssec.1) This section applies to the rules of an amalgamated organisation or proposed amalgamated organisation for a proposed amalgamation if the organisation is not a corporation.\n(sec.843-ssec.2) Despite parts 3 and 4 , the rules may allow an officer (an existing officer ) of a proposed deregistering organisation for the proposed amalgamation, or of an existing organisation, who holds office immediately before the amalgamation day for the amalgamation to be an officer of the proposed amalgamated organisation for the proposed amalgamation.\n(sec.843-ssec.3) However, the rules must not allow the existing officer to hold office for the amalgamated organisation without an ordinary election for more than the longer of— the existing officer’s unexpired term immediately before the amalgamation day for the amalgamation; or 2 years from the amalgamation day.\n(sec.843-ssec.4) The rules must make reasonable provision for synchronising the election with elections for other offices for the organisation.\n(sec.843-ssec.5) Section 621 applies to an office for an amalgamated organisation held by an existing officer of a deregistered organisation for the amalgamation.\n(sec.843-ssec.6) Section 624 does not apply to an office for an amalgamated organisation held by an existing officer.\n- (a) the existing officer’s unexpired term immediately before the amalgamation day for the amalgamation; or\n- (b) 2 years from the amalgamation day.","sortOrder":1180},{"sectionNumber":"ch.12-pt.14-div.3","sectionType":"division","heading":"Withdrawing from amalgamation","content":"## Withdrawing from amalgamation","sortOrder":1181},{"sectionNumber":"sec.844","sectionType":"section","heading":"Requirements for withdrawal","content":"### sec.844 Requirements for withdrawal\n\nA constituent part for an amalgamated organisation may withdraw from the amalgamated organisation only if—\nthe constituent part became part of the organisation because of an amalgamation under this division or the repealed Act , chapter 12 , part 15 ; and\nthe amalgamation happened not more than 2 years before the proposed withdrawal; and\nthe withdrawal is carried out under this division.\n- (a) the constituent part became part of the organisation because of an amalgamation under this division or the repealed Act , chapter 12 , part 15 ; and\n- (b) the amalgamation happened not more than 2 years before the proposed withdrawal; and\n- (c) the withdrawal is carried out under this division.","sortOrder":1182},{"sectionNumber":"sec.845","sectionType":"section","heading":"Commission to approve proposed withdrawal","content":"### sec.845 Commission to approve proposed withdrawal\n\nThe commission may, by order, approve a withdrawal of the constituent part for the amalgamated organisation only if—\nthe procedure for carrying out a withdrawal prescribed by regulation has been complied with; and\nthe rules of the organisation the constituent part proposes to become (the proposed organisation ) comply with parts 3 and 4 .\n- (a) the procedure for carrying out a withdrawal prescribed by regulation has been complied with; and\n- (b) the rules of the organisation the constituent part proposes to become (the proposed organisation ) comply with parts 3 and 4 .","sortOrder":1183},{"sectionNumber":"sec.846","sectionType":"section","heading":"Additional regulation-making powers for withdrawals","content":"### sec.846 Additional regulation-making powers for withdrawals\n\nA regulation may provide for the following—\na proposed withdrawal to be submitted to a ballot of members of the constituent part for the amalgamated organisation seeking the withdrawal;\nhow a ballot must be conducted;\nthat the commission may inquire into any claimed irregularity in a withdrawal ballot and its powers for the inquiry;\nfor when an approved withdrawal takes effect;\nthe appointment of officers of an amalgamated organisation as officers of a newly registered organisation, and the results of the appointments;\nany other matter necessary to give effect to a withdrawal.\n- (a) a proposed withdrawal to be submitted to a ballot of members of the constituent part for the amalgamated organisation seeking the withdrawal;\n- (b) how a ballot must be conducted;\n- (c) that the commission may inquire into any claimed irregularity in a withdrawal ballot and its powers for the inquiry;\n- (d) for when an approved withdrawal takes effect;\n- (e) the appointment of officers of an amalgamated organisation as officers of a newly registered organisation, and the results of the appointments;\n- (f) any other matter necessary to give effect to a withdrawal.","sortOrder":1184},{"sectionNumber":"sec.847","sectionType":"section","heading":"Registration of constituent part on withdrawal","content":"### sec.847 Registration of constituent part on withdrawal\n\nOn the withdrawal day for a withdrawal the registrar must—\nenter in the register the withdrawal and the proposed organisation’s name as an organisation; and\ngive the organisation a certificate of registration in the approved form.\nSection 611 applies to the organisation as if the commission had granted an application for its registration under part 2 on the withdrawal day for the withdrawal.\n(sec.847-ssec.1) On the withdrawal day for a withdrawal the registrar must— enter in the register the withdrawal and the proposed organisation’s name as an organisation; and give the organisation a certificate of registration in the approved form.\n(sec.847-ssec.2) Section 611 applies to the organisation as if the commission had granted an application for its registration under part 2 on the withdrawal day for the withdrawal.\n- (a) enter in the register the withdrawal and the proposed organisation’s name as an organisation; and\n- (b) give the organisation a certificate of registration in the approved form.","sortOrder":1185},{"sectionNumber":"sec.848","sectionType":"section","heading":"Members of constituent part may join newly registered organisation","content":"### sec.848 Members of constituent part may join newly registered organisation\n\nThis section applies to a person who is a member of the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation.\nThe person may, if the person is eligible for membership, become a member of the newly registered organisation without paying an entrance fee.\n(sec.848-ssec.1) This section applies to a person who is a member of the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation.\n(sec.848-ssec.2) The person may, if the person is eligible for membership, become a member of the newly registered organisation without paying an entrance fee.","sortOrder":1186},{"sectionNumber":"ch.12-pt.14-div.4","sectionType":"division","heading":"Offences about amalgamation or withdrawal ballots","content":"## Offences about amalgamation or withdrawal ballots","sortOrder":1187},{"sectionNumber":"sec.849","sectionType":"section","heading":"Obstructing conduct of ballot","content":"### sec.849 Obstructing conduct of ballot\n\nA person must not obstruct another person conducting an amalgamation ballot or withdrawal ballot.\nMaximum penalty—100 penalty units.","sortOrder":1188},{"sectionNumber":"sec.850","sectionType":"section","heading":"Offences about ballots","content":"### sec.850 Offences about ballots\n\nA person must not, without lawful authority or excuse, do any of the following about an amalgamation ballot or withdrawal ballot—\nobtain or possess a ballot paper if the person does not have the right to obtain or possess it;\npretend to be and vote as someone else;\namend, deface, destroy, interfere with, or remove a ballot record;\nvote in the ballot if the person does not have the right to vote;\nvote more than once;\nforge a ballot record;\nutter a ballot record knowing it to be forged;\ngive a ballot record to someone else;\nput a ballot record in a ballot box or other container used for the ballot (also a ballot box ) if the person does not have the right to vote;\ndeliver or post a ballot record to another person performing functions for the ballot if the person does not have the right to deliver or post the ballot record;\ndestroy, interfere with, open, or remove a ballot box.\nMaximum penalty—80 penalty units.\n- (a) obtain or possess a ballot paper if the person does not have the right to obtain or possess it;\n- (b) pretend to be and vote as someone else;\n- (c) amend, deface, destroy, interfere with, or remove a ballot record;\n- (d) vote in the ballot if the person does not have the right to vote;\n- (e) vote more than once;\n- (f) forge a ballot record;\n- (g) utter a ballot record knowing it to be forged;\n- (h) give a ballot record to someone else;\n- (i) put a ballot record in a ballot box or other container used for the ballot (also a ballot box ) if the person does not have the right to vote;\n- (j) deliver or post a ballot record to another person performing functions for the ballot if the person does not have the right to deliver or post the ballot record;\n- (k) destroy, interfere with, open, or remove a ballot box.","sortOrder":1189},{"sectionNumber":"sec.851","sectionType":"section","heading":"Disadvantaging another to induce vote or omission to vote","content":"### sec.851 Disadvantaging another to induce vote or omission to vote\n\nA person must not cause, inflict or procure a disadvantage to anyone or anything because of, or to induce—\na vote or omission to vote in an amalgamation ballot or withdrawal ballot (a ballot ); or\na promise of a vote or omission to vote in a ballot.\nMaximum penalty—80 penalty units.\nIn this section—\ncause a disadvantage includes offering, suggesting and threatening a disadvantage.\ndisadvantage includes damage, detriment, injury, loss, punishment and violence.\n(sec.851-ssec.1) A person must not cause, inflict or procure a disadvantage to anyone or anything because of, or to induce— a vote or omission to vote in an amalgamation ballot or withdrawal ballot (a ballot ); or a promise of a vote or omission to vote in a ballot. Maximum penalty—80 penalty units.\n(sec.851-ssec.2) In this section— cause a disadvantage includes offering, suggesting and threatening a disadvantage. disadvantage includes damage, detriment, injury, loss, punishment and violence.\n- (a) a vote or omission to vote in an amalgamation ballot or withdrawal ballot (a ballot ); or\n- (b) a promise of a vote or omission to vote in a ballot.","sortOrder":1190},{"sectionNumber":"sec.852","sectionType":"section","heading":"Unauthorised access to ballot paper","content":"### sec.852 Unauthorised access to ballot paper\n\nA person must not, without lawful authority or excuse—\nask, require or induce another person to show to the person, or permit the person to see, a ballot paper for an amalgamation ballot or withdrawal ballot so the person can see the vote recorded in the ballot paper—\nwhile the paper is being marked; or\nafter it has been marked; or\nif the person is performing functions for an amalgamation ballot or withdrawal ballot—show to anyone else, or permit anyone else access to, a ballot paper used in the ballot, other than to perform the functions.\nMaximum penalty—80 penalty units.\n- (a) ask, require or induce another person to show to the person, or permit the person to see, a ballot paper for an amalgamation ballot or withdrawal ballot so the person can see the vote recorded in the ballot paper— (i) while the paper is being marked; or (ii) after it has been marked; or\n- (i) while the paper is being marked; or\n- (ii) after it has been marked; or\n- (b) if the person is performing functions for an amalgamation ballot or withdrawal ballot—show to anyone else, or permit anyone else access to, a ballot paper used in the ballot, other than to perform the functions.\n- (i) while the paper is being marked; or\n- (ii) after it has been marked; or","sortOrder":1191},{"sectionNumber":"ch.12-pt.14-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":1192},{"sectionNumber":"sec.853","sectionType":"section","heading":"Using resources for proposed amalgamation","content":"### sec.853 Using resources for proposed amalgamation\n\nAn existing organisation for a proposed amalgamation may use its financial and other resources to support the proposed amalgamation if—\nits management committee has resolved to do so; and\nthe committee has given reasonable notice of its resolution to the organisation’s members.\nSubsection (1) does not limit an existing organisation’s other powers to use its financial and other resources for the proposed amalgamation.\n(sec.853-ssec.1) An existing organisation for a proposed amalgamation may use its financial and other resources to support the proposed amalgamation if— its management committee has resolved to do so; and the committee has given reasonable notice of its resolution to the organisation’s members.\n(sec.853-ssec.2) Subsection (1) does not limit an existing organisation’s other powers to use its financial and other resources for the proposed amalgamation.\n- (a) its management committee has resolved to do so; and\n- (b) the committee has given reasonable notice of its resolution to the organisation’s members.","sortOrder":1193},{"sectionNumber":"sec.854","sectionType":"section","heading":"Costs of ballot conducted by electoral commission","content":"### sec.854 Costs of ballot conducted by electoral commission\n\nThe costs of an amalgamation ballot or withdrawal ballot conducted by the electoral commission under this part are payable by the State.","sortOrder":1194},{"sectionNumber":"sec.855","sectionType":"section","heading":"No action for defamation in certain cases","content":"### sec.855 No action for defamation in certain cases\n\nA civil proceeding for defamation does not lie against any of the following entities for printing or publishing a document for an amalgamation ballot or withdrawal ballot—\nthe State;\nthe electoral commission;\nan electoral officer;\nanother person who may, under this chapter, conduct the ballot;\na person asked to act for, or at the direction of, an entity mentioned in paragraphs (a) to (d) .\n- (a) the State;\n- (b) the electoral commission;\n- (c) an electoral officer;\n- (d) another person who may, under this chapter, conduct the ballot;\n- (e) a person asked to act for, or at the direction of, an entity mentioned in paragraphs (a) to (d) .","sortOrder":1195},{"sectionNumber":"sec.856","sectionType":"section","heading":"Commission may resolve difficulties","content":"### sec.856 Commission may resolve difficulties\n\nA person with sufficient interest may apply to the commission for an order—\nif a difficulty arises, or is likely to arise, in carrying out or giving effect to an amalgamation or withdrawal or in applying this part to another matter; or\nfor the taking of a step necessary to give effect to the amalgamation or withdrawal.\nThe commission may make an order it considers appropriate to resolve the difficulty or to give effect to a step necessary for the amalgamation or withdrawal.\nThe order has effect despite the rules of an organisation.\n(sec.856-ssec.1) A person with sufficient interest may apply to the commission for an order— if a difficulty arises, or is likely to arise, in carrying out or giving effect to an amalgamation or withdrawal or in applying this part to another matter; or for the taking of a step necessary to give effect to the amalgamation or withdrawal.\n(sec.856-ssec.2) The commission may make an order it considers appropriate to resolve the difficulty or to give effect to a step necessary for the amalgamation or withdrawal.\n(sec.856-ssec.3) The order has effect despite the rules of an organisation.\n- (a) if a difficulty arises, or is likely to arise, in carrying out or giving effect to an amalgamation or withdrawal or in applying this part to another matter; or\n- (b) for the taking of a step necessary to give effect to the amalgamation or withdrawal.","sortOrder":1196},{"sectionNumber":"sec.857","sectionType":"section","heading":"Registration of property transferred under this part","content":"### sec.857 Registration of property transferred under this part\n\nThis section applies if—\nproperty becomes the property of an amalgamated organisation (a transferee ) because of an amalgamation; or\nproperty of an amalgamated organisation becomes the property of a newly registered organisation (also a transferee ) because of a withdrawal.\nA certificate by an authorised person for a transferee is evidence of the property having become the transferee’s property if the certificate—\nis signed by the person; and\nidentifies the property; and\nstates the property has, under this part, become the transferee’s property.\nIf the certificate is given to a person with registration functions for that kind of property under a law of the State, the person must do the following as if the certificate were an appropriate instrument of transfer of the property—\nregister the matter in the same way as transactions for property of that kind are registered;\ndeal with, and give effect to, the certificate.\nthe registrar of titles\nthe Australian Securities and Investments Commission\nSubsection (3) applies despite the Corporations Act , chapter 7 , part 7.11 .\nA transfer of the property to the transferee may be registered or given effect to under the law of another State if—\nthe certificate is given to a person with functions for registration of property of that kind under the other State’s law; and\nthe person is permitted by law to do so.\nIn this section—\nauthorised person , for a transferee, means its secretary or a person with its management committee’s written authority.\n(sec.857-ssec.1) This section applies if— property becomes the property of an amalgamated organisation (a transferee ) because of an amalgamation; or property of an amalgamated organisation becomes the property of a newly registered organisation (also a transferee ) because of a withdrawal.\n(sec.857-ssec.2) A certificate by an authorised person for a transferee is evidence of the property having become the transferee’s property if the certificate— is signed by the person; and identifies the property; and states the property has, under this part, become the transferee’s property.\n(sec.857-ssec.3) If the certificate is given to a person with registration functions for that kind of property under a law of the State, the person must do the following as if the certificate were an appropriate instrument of transfer of the property— register the matter in the same way as transactions for property of that kind are registered; deal with, and give effect to, the certificate. the registrar of titles the Australian Securities and Investments Commission\n(sec.857-ssec.4) Subsection (3) applies despite the Corporations Act , chapter 7 , part 7.11 .\n(sec.857-ssec.5) A transfer of the property to the transferee may be registered or given effect to under the law of another State if— the certificate is given to a person with functions for registration of property of that kind under the other State’s law; and the person is permitted by law to do so.\n(sec.857-ssec.6) In this section— authorised person , for a transferee, means its secretary or a person with its management committee’s written authority.\n- (a) property becomes the property of an amalgamated organisation (a transferee ) because of an amalgamation; or\n- (b) property of an amalgamated organisation becomes the property of a newly registered organisation (also a transferee ) because of a withdrawal.\n- (a) is signed by the person; and\n- (b) identifies the property; and\n- (c) states the property has, under this part, become the transferee’s property.\n- (a) register the matter in the same way as transactions for property of that kind are registered;\n- (b) deal with, and give effect to, the certificate.\n- • the registrar of titles\n- • the Australian Securities and Investments Commission\n- (a) the certificate is given to a person with functions for registration of property of that kind under the other State’s law; and\n- (b) the person is permitted by law to do so.","sortOrder":1197},{"sectionNumber":"sec.858","sectionType":"section","heading":"Part applies despite laws or instruments","content":"### sec.858 Part applies despite laws or instruments\n\nThis part applies despite another Act or other instrument.\nNothing done under this part—\nmakes an organisation or other person liable for a civil wrong or a contravention of a law or for a breach of a confidence or contract; or\na contractual provision that prohibits, restricts or regulates assigning or transferring an asset or liability or disclosing information\nreleases a surety’s obligations, wholly or in part.\nIf apart from this section a person’s consent would be necessary to give effect to this part, the consent is taken to have been given.\nIn this section—\ninstrument means any written or oral instrument, express or implied.\na contract, deed, undertaking or agreement\na mandate, instruction, notice, authority or order\na lease, licence, transfer, conveyance or other assurance\na guarantee, bond, power of attorney, bill of lading, negotiable instrument or order to pay an amount\na mortgage, lien or security\n(sec.858-ssec.1) This part applies despite another Act or other instrument.\n(sec.858-ssec.2) Nothing done under this part— makes an organisation or other person liable for a civil wrong or a contravention of a law or for a breach of a confidence or contract; or a contractual provision that prohibits, restricts or regulates assigning or transferring an asset or liability or disclosing information releases a surety’s obligations, wholly or in part.\n(sec.858-ssec.3) If apart from this section a person’s consent would be necessary to give effect to this part, the consent is taken to have been given.\n(sec.858-ssec.4) In this section— instrument means any written or oral instrument, express or implied. a contract, deed, undertaking or agreement a mandate, instruction, notice, authority or order a lease, licence, transfer, conveyance or other assurance a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order to pay an amount a mortgage, lien or security\n- (a) makes an organisation or other person liable for a civil wrong or a contravention of a law or for a breach of a confidence or contract; or Example for a contract— a contractual provision that prohibits, restricts or regulates assigning or transferring an asset or liability or disclosing information\n- (b) releases a surety’s obligations, wholly or in part.\n- • a contract, deed, undertaking or agreement\n- • a mandate, instruction, notice, authority or order\n- • a lease, licence, transfer, conveyance or other assurance\n- • a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order to pay an amount\n- • a mortgage, lien or security","sortOrder":1198},{"sectionNumber":"ch.12-pt.15","sectionType":"part","heading":"Complaints, investigations and appointment of administrator","content":"# Complaints, investigations and appointment of administrator","sortOrder":1199},{"sectionNumber":"ch.12-pt.15-div.1","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":1200},{"sectionNumber":"sec.859","sectionType":"section","heading":"Making complaint about organisation or officer","content":"### sec.859 Making complaint about organisation or officer\n\nA person may make a complaint to the registrar about an organisation if the person believes—\nthe organisation, or a branch of the organisation, has stopped functioning effectively; and\nthere are no effective means under the organisation’s rules by which the organisation or branch can function effectively.\nA person may make a complaint to the registrar about an officer of an organisation if the person believes the officer has engaged in misconduct in relation to the organisation.\n(sec.859-ssec.1) A person may make a complaint to the registrar about an organisation if the person believes— the organisation, or a branch of the organisation, has stopped functioning effectively; and there are no effective means under the organisation’s rules by which the organisation or branch can function effectively.\n(sec.859-ssec.2) A person may make a complaint to the registrar about an officer of an organisation if the person believes the officer has engaged in misconduct in relation to the organisation.\n- (a) the organisation, or a branch of the organisation, has stopped functioning effectively; and\n- (b) there are no effective means under the organisation’s rules by which the organisation or branch can function effectively.","sortOrder":1201},{"sectionNumber":"sec.860","sectionType":"section","heading":"Form of complaint","content":"### sec.860 Form of complaint\n\nThe complaint must—\nbe written; and\ncontain particulars of the allegations on which it is founded; and\nbe verified by statutory declaration.\n- (a) be written; and\n- (b) contain particulars of the allegations on which it is founded; and\n- (c) be verified by statutory declaration.","sortOrder":1202},{"sectionNumber":"sec.861","sectionType":"section","heading":"Dealing with complaints","content":"### sec.861 Dealing with complaints\n\nThe registrar must—\npromptly assess the complaint; and\ndeal with the complaint in the way the registrar considers most appropriate.\nWithout limiting subsection (1) (b) , the registrar may take all or any of the following actions—\nrequire the complainant to give further particulars of the complaint;\nrefer the complaint to an inspector for investigation under chapter 13 , part 2 ;\nif the complaint relates to conduct that could, if proved, constitute a contravention of part 11 , division 6 —investigate the complaint under part 11 , division 6 , subdivision 8 ;\nif the complaint relates to conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth—refer the matter of the suspected offence to the commissioner of the police service or the commissioner of a police force or service of another State or the Commonwealth;\nnotify the Minister of the complaint.\nThe registrar may take no action, or decide to take no further action, in relation to the complaint only if—\nthe complaint is not verified by statutory declaration; or\nfurther particulars relating to the complaint are not given under subsection (2) (a) ; or\nthe registrar is satisfied—\nthe complaint is frivolous or vexatious; or\ndealing with the complaint would be an unjustifiable use of resources.\n(sec.861-ssec.1) The registrar must— promptly assess the complaint; and deal with the complaint in the way the registrar considers most appropriate.\n(sec.861-ssec.2) Without limiting subsection (1) (b) , the registrar may take all or any of the following actions— require the complainant to give further particulars of the complaint; refer the complaint to an inspector for investigation under chapter 13 , part 2 ; if the complaint relates to conduct that could, if proved, constitute a contravention of part 11 , division 6 —investigate the complaint under part 11 , division 6 , subdivision 8 ; if the complaint relates to conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth—refer the matter of the suspected offence to the commissioner of the police service or the commissioner of a police force or service of another State or the Commonwealth; notify the Minister of the complaint.\n(sec.861-ssec.3) The registrar may take no action, or decide to take no further action, in relation to the complaint only if— the complaint is not verified by statutory declaration; or further particulars relating to the complaint are not given under subsection (2) (a) ; or the registrar is satisfied— the complaint is frivolous or vexatious; or dealing with the complaint would be an unjustifiable use of resources.\n- (a) promptly assess the complaint; and\n- (b) deal with the complaint in the way the registrar considers most appropriate.\n- (a) require the complainant to give further particulars of the complaint;\n- (b) refer the complaint to an inspector for investigation under chapter 13 , part 2 ;\n- (c) if the complaint relates to conduct that could, if proved, constitute a contravention of part 11 , division 6 —investigate the complaint under part 11 , division 6 , subdivision 8 ;\n- (d) if the complaint relates to conduct that could, if proved, constitute an offence against an Act or a law of another State or the Commonwealth—refer the matter of the suspected offence to the commissioner of the police service or the commissioner of a police force or service of another State or the Commonwealth;\n- (e) notify the Minister of the complaint.\n- (a) the complaint is not verified by statutory declaration; or\n- (b) further particulars relating to the complaint are not given under subsection (2) (a) ; or\n- (c) the registrar is satisfied— (i) the complaint is frivolous or vexatious; or (ii) dealing with the complaint would be an unjustifiable use of resources.\n- (i) the complaint is frivolous or vexatious; or\n- (ii) dealing with the complaint would be an unjustifiable use of resources.\n- (i) the complaint is frivolous or vexatious; or\n- (ii) dealing with the complaint would be an unjustifiable use of resources.","sortOrder":1203},{"sectionNumber":"sec.862","sectionType":"section","heading":"Organisation or officer must be advised of complaint","content":"### sec.862 Organisation or officer must be advised of complaint\n\nIf the registrar decides to take action under section 861 (2) (b) , (c) or (e) , the registrar must, as soon as reasonably practicable after deciding to take the action—\ngive notice to the organisation or officer of the organisation of the nature of the complaint; and\ninvite the organisation or officer to make, within the time stated in the notice, written representations to the registrar about the complaint.\nThe time stated in the notice must be at least 5 business days after the notice is given.\nThe organisation or officer of the organisation may make written representations to the registrar within the time stated in the notice.\nThe registrar must consider any representations made by the organisation or officer of the organisation under subsection (3) .\nIf the organisation or officer of the organisation makes representations about a complaint notified to the Minister under section 861 (2) (e) , the registrar must give a copy of the representations to the Minister.\n(sec.862-ssec.1) If the registrar decides to take action under section 861 (2) (b) , (c) or (e) , the registrar must, as soon as reasonably practicable after deciding to take the action— give notice to the organisation or officer of the organisation of the nature of the complaint; and invite the organisation or officer to make, within the time stated in the notice, written representations to the registrar about the complaint.\n(sec.862-ssec.2) The time stated in the notice must be at least 5 business days after the notice is given.\n(sec.862-ssec.3) The organisation or officer of the organisation may make written representations to the registrar within the time stated in the notice.\n(sec.862-ssec.4) The registrar must consider any representations made by the organisation or officer of the organisation under subsection (3) .\n(sec.862-ssec.5) If the organisation or officer of the organisation makes representations about a complaint notified to the Minister under section 861 (2) (e) , the registrar must give a copy of the representations to the Minister.\n- (a) give notice to the organisation or officer of the organisation of the nature of the complaint; and\n- (b) invite the organisation or officer to make, within the time stated in the notice, written representations to the registrar about the complaint.","sortOrder":1204},{"sectionNumber":"ch.12-pt.15-div.2","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":1205},{"sectionNumber":"sec.863","sectionType":"section","heading":"Definition for division","content":"### sec.863 Definition for division\n\nIn this division—\ncomplaints auditor see section 866 (2) .","sortOrder":1206},{"sectionNumber":"sec.864","sectionType":"section","heading":"Application of division","content":"### sec.864 Application of division\n\nThis division applies if the registrar refers a complaint to an inspector for investigation under chapter 13 , part 2 .","sortOrder":1207},{"sectionNumber":"sec.865","sectionType":"section","heading":"Investigation report","content":"### sec.865 Investigation report\n\nAfter investigating the complaint, the inspector must give the registrar a written report on the findings of the investigation (the investigation report ).","sortOrder":1208},{"sectionNumber":"sec.866","sectionType":"section","heading":"Examination of organisation’s accounting records","content":"### sec.866 Examination of organisation’s accounting records\n\nThe investigation report may include a recommendation to the registrar that an auditor be appointed to examine the organisation’s accounting records for a financial year or another period if the inspector considers—\nthe organisation has an accounting deficiency; or\nthe organisation’s property has been misappropriated or improperly applied; or\nthe organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.\nIf the registrar decides to implement the recommendation to appoint an auditor (the complaints auditor ) to examine the organisation’s accounting records for a financial year or another period, the complaints auditor must—\nexamine the records; and\ngive the registrar a report on the examination (the audit complaint report ).\nThe complaints auditor, or an appropriately qualified person authorised in writing by the complaints auditor, has the powers and privileges of an organisation’s auditor.\nSee sections 767 and 774 .\nIf a branch of an organisation keeps accounting records and accounts separate from the organisation’s accounting records and accounts, subsections (1) and (2) apply in relation to the branch as if the references to the organisation were a reference to the branch.\n(sec.866-ssec.1) The investigation report may include a recommendation to the registrar that an auditor be appointed to examine the organisation’s accounting records for a financial year or another period if the inspector considers— the organisation has an accounting deficiency; or the organisation’s property has been misappropriated or improperly applied; or the organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.\n(sec.866-ssec.2) If the registrar decides to implement the recommendation to appoint an auditor (the complaints auditor ) to examine the organisation’s accounting records for a financial year or another period, the complaints auditor must— examine the records; and give the registrar a report on the examination (the audit complaint report ).\n(sec.866-ssec.3) The complaints auditor, or an appropriately qualified person authorised in writing by the complaints auditor, has the powers and privileges of an organisation’s auditor. See sections 767 and 774 .\n(sec.866-ssec.4) If a branch of an organisation keeps accounting records and accounts separate from the organisation’s accounting records and accounts, subsections (1) and (2) apply in relation to the branch as if the references to the organisation were a reference to the branch.\n- (a) the organisation has an accounting deficiency; or\n- (b) the organisation’s property has been misappropriated or improperly applied; or\n- (c) the organisation, or an officer of the organisation, has committed an offence in relation to the organisation’s property.\n- (a) examine the records; and\n- (b) give the registrar a report on the examination (the audit complaint report ).","sortOrder":1209},{"sectionNumber":"sec.867","sectionType":"section","heading":"Cooperating with investigation or audit","content":"### sec.867 Cooperating with investigation or audit\n\nAn officer or employee of an organisation who is being investigated by an inspector must assist in and cooperate with the investigation unless the officer or employee has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf an organisation is being investigated by an inspector or audited by a complaints auditor, the organisation must ensure the officers and employees of the organisation assist in and cooperate with the investigation or audit unless the organisation has a reasonable excuse.\nMaximum penalty—100 penalty units.\nFor subsection (1) , it is a reasonable excuse for an officer or employee of the organisation not to assist in and cooperate with the investigation if doing so might tend to incriminate the officer or employee.\n(sec.867-ssec.1) An officer or employee of an organisation who is being investigated by an inspector must assist in and cooperate with the investigation unless the officer or employee has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.867-ssec.2) If an organisation is being investigated by an inspector or audited by a complaints auditor, the organisation must ensure the officers and employees of the organisation assist in and cooperate with the investigation or audit unless the organisation has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.867-ssec.3) For subsection (1) , it is a reasonable excuse for an officer or employee of the organisation not to assist in and cooperate with the investigation if doing so might tend to incriminate the officer or employee.","sortOrder":1210},{"sectionNumber":"sec.868","sectionType":"section","heading":"Audit costs","content":"### sec.868 Audit costs\n\nThe costs of an audit under this division are payable by the State.","sortOrder":1211},{"sectionNumber":"ch.12-pt.15-div.3","sectionType":"division","heading":"Appointment of administrator","content":"## Appointment of administrator","sortOrder":1212},{"sectionNumber":"sec.869","sectionType":"section","heading":"Definition for division","content":"### sec.869 Definition for division\n\nIn this division—\naudit complaint report see section 866 (2) (b) .","sortOrder":1213},{"sectionNumber":"sec.870","sectionType":"section","heading":"Court may appoint administrator","content":"### sec.870 Court may appoint administrator\n\nThis section applies if the court is reasonably satisfied, on the basis of an investigation report or audit complaint report, that—\nan organisation, or a branch of an organisation, has stopped functioning effectively; and\nthere are no effective means under the organisation’s rules by which the organisation or branch can function effectively.\nSubject to section 871 , the court may, on application by the Minister or the registrar, appoint an appropriately qualified person as administrator of the organisation or branch of the organisation.\n(sec.870-ssec.1) This section applies if the court is reasonably satisfied, on the basis of an investigation report or audit complaint report, that— an organisation, or a branch of an organisation, has stopped functioning effectively; and there are no effective means under the organisation’s rules by which the organisation or branch can function effectively.\n(sec.870-ssec.2) Subject to section 871 , the court may, on application by the Minister or the registrar, appoint an appropriately qualified person as administrator of the organisation or branch of the organisation.\n- (a) an organisation, or a branch of an organisation, has stopped functioning effectively; and\n- (b) there are no effective means under the organisation’s rules by which the organisation or branch can function effectively.","sortOrder":1214},{"sectionNumber":"sec.871","sectionType":"section","heading":"Injustice to organisation or branch and interests of members","content":"### sec.871 Injustice to organisation or branch and interests of members\n\nThe court must not appoint an administrator for an organisation, or a branch of an organisation, unless the court is satisfied—\nthe appointment of an administrator would not do substantial injustice to the organisation or branch; and\nit is in the interests of the members of the organisation or branch that the affairs of the organisation or branch be conducted by an administrator.\n- (a) the appointment of an administrator would not do substantial injustice to the organisation or branch; and\n- (b) it is in the interests of the members of the organisation or branch that the affairs of the organisation or branch be conducted by an administrator.","sortOrder":1215},{"sectionNumber":"sec.872","sectionType":"section","heading":"Primary function of administrator","content":"### sec.872 Primary function of administrator\n\nAn administrator for an organisation or a branch of an organisation has, during the administrator’s term of office and to the exclusion of any other person, the function of the conduct and management of the affairs of the organisation or branch.\nHowever, the function of the administrator may be limited by the administrator’s notice of appointment.\n(sec.872-ssec.1) An administrator for an organisation or a branch of an organisation has, during the administrator’s term of office and to the exclusion of any other person, the function of the conduct and management of the affairs of the organisation or branch.\n(sec.872-ssec.2) However, the function of the administrator may be limited by the administrator’s notice of appointment.","sortOrder":1216},{"sectionNumber":"sec.873","sectionType":"section","heading":"Additional functions of administrator","content":"### sec.873 Additional functions of administrator\n\nThe administrator for an organisation or a branch of an organisation has the following additional functions—\nto give the Minister a report, at intervals stated by the Minister, on the financial position of the organisation or branch, its functions and anything else the Minister requires the administrator to include in the report;\nto give the Minister a final report on the administration.\n- (a) to give the Minister a report, at intervals stated by the Minister, on the financial position of the organisation or branch, its functions and anything else the Minister requires the administrator to include in the report;\n- (b) to give the Minister a final report on the administration.","sortOrder":1217},{"sectionNumber":"sec.874","sectionType":"section","heading":"Powers of administrator","content":"### sec.874 Powers of administrator\n\nAn administrator for an organisation or a branch of an organisation may do anything necessary or convenient to be done for, or in connection with, the administrator’s functions.","sortOrder":1218},{"sectionNumber":"sec.875","sectionType":"section","heading":"Providing assistance to administrator","content":"### sec.875 Providing assistance to administrator\n\nAn administrator for an organisation or a branch of an organisation may, for performing the administrator’s functions, by written notice to an officer or employee or former officer or employee of the organisation or branch, require the person to do the following—\nproduce to the administrator documents in the person’s possession that the administrator reasonably requires to perform the functions;\nprovide the other information or assistance the administrator reasonably requires for the performance of the functions.\nA person of whom a requirement has been made must comply with it unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for the person not to comply with the requirement if doing so might tend to incriminate the person.\n(sec.875-ssec.1) An administrator for an organisation or a branch of an organisation may, for performing the administrator’s functions, by written notice to an officer or employee or former officer or employee of the organisation or branch, require the person to do the following— produce to the administrator documents in the person’s possession that the administrator reasonably requires to perform the functions; provide the other information or assistance the administrator reasonably requires for the performance of the functions.\n(sec.875-ssec.2) A person of whom a requirement has been made must comply with it unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.875-ssec.3) It is a reasonable excuse for the person not to comply with the requirement if doing so might tend to incriminate the person.\n- (a) produce to the administrator documents in the person’s possession that the administrator reasonably requires to perform the functions;\n- (b) provide the other information or assistance the administrator reasonably requires for the performance of the functions.","sortOrder":1219},{"sectionNumber":"sec.876","sectionType":"section","heading":"Protection from liability","content":"### sec.876 Protection from liability\n\nAn administrator for an organisation or a branch of an organisation is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.876-ssec.1) An administrator for an organisation or a branch of an organisation is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.876-ssec.2) If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.","sortOrder":1220},{"sectionNumber":"ch.12-pt.15A","sectionType":"part","heading":"Administration of C&G division of CFMEUQ","content":"# Administration of C&G division of CFMEUQ","sortOrder":1221},{"sectionNumber":"ch.12-pt.15A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1222},{"sectionNumber":"sec.876A","sectionType":"section","heading":"Application of part","content":"### sec.876A Application of part\n\nThis part applies if the Construction and General Division of the CFMEU (federal), and its branches, have been placed under administration under the Commonwealth Registered Organisations Act .\ns 876A ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)","sortOrder":1223},{"sectionNumber":"sec.876B","sectionType":"section","heading":"Purpose of part","content":"### sec.876B Purpose of part\n\nThe purpose of this part is to enable the C&G division to be placed under administration to—\nprotect the public interest; and\nensure the C&G division acts lawfully and appropriately and in the interests of its members; and\ncomplement any corresponding administration scheme that is in effect.\nIn this section—\ncorresponding administration scheme means—\nthe administration scheme for the Construction and General Division of the CFMEU (federal) mentioned in section 876A ; or\na scheme for the administration, under the Industrial Relations Act 1996 (NSW) , of the Construction and General Division of the organisation of employees registered under that Act with the registration number EE70.\ns 876B ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876B-ssec.1) The purpose of this part is to enable the C&G division to be placed under administration to— protect the public interest; and ensure the C&G division acts lawfully and appropriately and in the interests of its members; and complement any corresponding administration scheme that is in effect.\n(sec.876B-ssec.2) In this section— corresponding administration scheme means— the administration scheme for the Construction and General Division of the CFMEU (federal) mentioned in section 876A ; or a scheme for the administration, under the Industrial Relations Act 1996 (NSW) , of the Construction and General Division of the organisation of employees registered under that Act with the registration number EE70.\n- (a) protect the public interest; and\n- (b) ensure the C&G division acts lawfully and appropriately and in the interests of its members; and\n- (c) complement any corresponding administration scheme that is in effect.\n- (a) the administration scheme for the Construction and General Division of the CFMEU (federal) mentioned in section 876A ; or\n- (b) a scheme for the administration, under the Industrial Relations Act 1996 (NSW) , of the Construction and General Division of the organisation of employees registered under that Act with the registration number EE70.","sortOrder":1224},{"sectionNumber":"sec.876C","sectionType":"section","heading":"Definitions for part","content":"### sec.876C Definitions for part\n\nIn this part—\nadministration notice see section 876E (2) .\nadministration scheme see section 876E (2) (a) .\nadministrator means a person appointed, under an administration notice or a gazette notice under section 876F (2) , as the administrator of the C&G division.\nCFMEU (federal) means the CFMEU within the meaning of the Commonwealth Registered Organisations Act , schedule 3 , clause 1.\nCFMEUQ means—\nthe organisation named, immediately before the commencement, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; or\nif the organisation mentioned in paragraph (a) changes its name—the organisation under its new name; or\nif the organisation mentioned in paragraph (a) amalgamates with another organisation under part 14 , division 2 —the amalgamated organisation.\nCFMEUQ rules means the rules of the CFMEUQ to the extent the rules relate to the C&G division.\nC&G division means the State Construction and General Division within the meaning of the rules of the CFMEUQ as the rules were in effect immediately before the commencement.\ns 876C ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n- (a) the organisation named, immediately before the commencement, the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; or\n- (b) if the organisation mentioned in paragraph (a) changes its name—the organisation under its new name; or\n- (c) if the organisation mentioned in paragraph (a) amalgamates with another organisation under part 14 , division 2 —the amalgamated organisation.","sortOrder":1225},{"sectionNumber":"sec.876D","sectionType":"section","heading":"C&G division placed under administration","content":"### sec.876D C&G division placed under administration\n\nThe C&G division is placed under administration on the later of the following days—\nthe day an administration notice takes effect under section 876G ;\nthe day an administrator is appointed under the administration notice.\nThe administration ends on the day the administration notice is revoked under section 876H .\ns 876D ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876D-ssec.1) The C&G division is placed under administration on the later of the following days— the day an administration notice takes effect under section 876G ; the day an administrator is appointed under the administration notice.\n(sec.876D-ssec.2) The administration ends on the day the administration notice is revoked under section 876H .\n- (a) the day an administration notice takes effect under section 876G ;\n- (b) the day an administrator is appointed under the administration notice.","sortOrder":1226},{"sectionNumber":"ch.12-pt.15A-div.2","sectionType":"division","heading":"Making of administration scheme and appointment of administrator","content":"## Making of administration scheme and appointment of administrator","sortOrder":1227},{"sectionNumber":"sec.876E","sectionType":"section","heading":"Power of Minister to make administration notice","content":"### sec.876E Power of Minister to make administration notice\n\nThis section applies if the Minister is satisfied it is in the public interest for the C&G division to be placed under administration, having regard to—\nthe purpose of this part; and\nany other matters the Minister considers relevant.\nThe Minister must, by gazette notice (an administration notice )—\nestablish a scheme for the administration of the C&G division (the administration scheme ); and\nappoint a person to be administrator of the scheme.\nThe administration notice is a statutory instrument, but is not subordinate legislation.\nWithout limiting subsection (2) (a) , the administration scheme may provide for any of the following matters—\nthe functions and powers of the administrator in relation to the scheme;\nthe suspension, including suspension without pay, or removal of officers of the C&G division;\nthe taking of disciplinary action, including the expulsion of members of the C&G division and disqualification of officers and former officers of the C&G division for up to 5 years;\ndeclaring stated offices in the C&G division to be vacant;\nterminating the employment of employees;\nthe filling of positions of officers of the C&G division, including the holding of elections;\naltering the CFMEUQ rules;\nthe engagement of persons to assist the administrator in performing the administrator’s functions;\nthe delegation of the administrator’s functions or powers;\nrequirements about reporting in relation to the administration;\nobligations of the administrator to cooperate with an inquiry by a law enforcement agency or regulatory body into—\nthe CFMEUQ or the C&G division; or\nofficers or employees, or former officers or former employees, of the CFMEUQ or the C&G division;\nmatters that are ancillary or incidental to the matters mentioned in any of paragraphs (a) to (k) .\nTo remove any doubt, it is declared that the administration scheme may provide for the taking of disciplinary action in circumstances not provided for in the CFMEUQ rules.\nThe disqualification of an officer or former officer of the C&G division under the administration scheme is not limited by part 9 , division 2 .\nThe Minister is not required to provide procedural fairness in making the administration notice.\ns 876E ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876E-ssec.1) This section applies if the Minister is satisfied it is in the public interest for the C&G division to be placed under administration, having regard to— the purpose of this part; and any other matters the Minister considers relevant.\n(sec.876E-ssec.2) The Minister must, by gazette notice (an administration notice )— establish a scheme for the administration of the C&G division (the administration scheme ); and appoint a person to be administrator of the scheme.\n(sec.876E-ssec.3) The administration notice is a statutory instrument, but is not subordinate legislation.\n(sec.876E-ssec.4) Without limiting subsection (2) (a) , the administration scheme may provide for any of the following matters— the functions and powers of the administrator in relation to the scheme; the suspension, including suspension without pay, or removal of officers of the C&G division; the taking of disciplinary action, including the expulsion of members of the C&G division and disqualification of officers and former officers of the C&G division for up to 5 years; declaring stated offices in the C&G division to be vacant; terminating the employment of employees; the filling of positions of officers of the C&G division, including the holding of elections; altering the CFMEUQ rules; the engagement of persons to assist the administrator in performing the administrator’s functions; the delegation of the administrator’s functions or powers; requirements about reporting in relation to the administration; obligations of the administrator to cooperate with an inquiry by a law enforcement agency or regulatory body into— the CFMEUQ or the C&G division; or officers or employees, or former officers or former employees, of the CFMEUQ or the C&G division; matters that are ancillary or incidental to the matters mentioned in any of paragraphs (a) to (k) .\n(sec.876E-ssec.5) To remove any doubt, it is declared that the administration scheme may provide for the taking of disciplinary action in circumstances not provided for in the CFMEUQ rules.\n(sec.876E-ssec.6) The disqualification of an officer or former officer of the C&G division under the administration scheme is not limited by part 9 , division 2 .\n(sec.876E-ssec.7) The Minister is not required to provide procedural fairness in making the administration notice.\n- (a) the purpose of this part; and\n- (b) any other matters the Minister considers relevant.\n- (a) establish a scheme for the administration of the C&G division (the administration scheme ); and\n- (b) appoint a person to be administrator of the scheme.\n- (a) the functions and powers of the administrator in relation to the scheme;\n- (b) the suspension, including suspension without pay, or removal of officers of the C&G division;\n- (c) the taking of disciplinary action, including the expulsion of members of the C&G division and disqualification of officers and former officers of the C&G division for up to 5 years;\n- (d) declaring stated offices in the C&G division to be vacant;\n- (e) terminating the employment of employees;\n- (f) the filling of positions of officers of the C&G division, including the holding of elections;\n- (g) altering the CFMEUQ rules;\n- (h) the engagement of persons to assist the administrator in performing the administrator’s functions;\n- (i) the delegation of the administrator’s functions or powers;\n- (j) requirements about reporting in relation to the administration;\n- (k) obligations of the administrator to cooperate with an inquiry by a law enforcement agency or regulatory body into— (i) the CFMEUQ or the C&G division; or (ii) officers or employees, or former officers or former employees, of the CFMEUQ or the C&G division;\n- (i) the CFMEUQ or the C&G division; or\n- (ii) officers or employees, or former officers or former employees, of the CFMEUQ or the C&G division;\n- (l) matters that are ancillary or incidental to the matters mentioned in any of paragraphs (a) to (k) .\n- (i) the CFMEUQ or the C&G division; or\n- (ii) officers or employees, or former officers or former employees, of the CFMEUQ or the C&G division;","sortOrder":1228},{"sectionNumber":"sec.876F","sectionType":"section","heading":"Period of administrator’s appointment etc.","content":"### sec.876F Period of administrator’s appointment etc.\n\nThe administration notice may provide for—\nthe period of the administrator’s appointment; and\nthe terms of the administrator’s appointment, including the remuneration the Minister considers appropriate.\nThe Minister may, by gazette notice, do any of the following—\nterminate the appointment of the administrator;\nappoint another person as the administrator;\nvary the terms of the administrator’s appointment.\ns 876F ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876F-ssec.1) The administration notice may provide for— the period of the administrator’s appointment; and the terms of the administrator’s appointment, including the remuneration the Minister considers appropriate.\n(sec.876F-ssec.2) The Minister may, by gazette notice, do any of the following— terminate the appointment of the administrator; appoint another person as the administrator; vary the terms of the administrator’s appointment.\n- (a) the period of the administrator’s appointment; and\n- (b) the terms of the administrator’s appointment, including the remuneration the Minister considers appropriate.\n- (a) terminate the appointment of the administrator;\n- (b) appoint another person as the administrator;\n- (c) vary the terms of the administrator’s appointment.","sortOrder":1229},{"sectionNumber":"sec.876G","sectionType":"section","heading":"When administration notice takes effect","content":"### sec.876G When administration notice takes effect\n\nThe administration notice takes effect on—\nthe day the notice is published in the gazette; or\nif a later day is stated in the notice—the stated day.\ns 876G ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n- (a) the day the notice is published in the gazette; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":1230},{"sectionNumber":"sec.876H","sectionType":"section","heading":"Variation and revocation of administration notice","content":"### sec.876H Variation and revocation of administration notice\n\nThe Minister may, by gazette notice—\nvary the administration notice, including to vary the administration scheme; or\nrevoke the administration notice.\nHowever, the administration notice must not be revoked earlier than the day that is 3 years after the day the scheme started unless—\nthe administrator is satisfied the C&G division is functioning lawfully and appropriately and in the interests of its members; and\nthe administrator gives the Minister a written notice stating the administrator is satisfied of the matter mentioned in paragraph (a) .\nIn deciding whether to vary or revoke the administration notice, the Minister must have regard to—\nthe purpose of this part; and\nany other matter the Minister considers relevant.\nThe Minister must obtain the consent of the administrator before varying or revoking the administration notice.\nThe Minister is not required to provide procedural fairness in varying or revoking the administration notice.\ns 876H ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876H-ssec.1) The Minister may, by gazette notice— vary the administration notice, including to vary the administration scheme; or revoke the administration notice.\n(sec.876H-ssec.2) However, the administration notice must not be revoked earlier than the day that is 3 years after the day the scheme started unless— the administrator is satisfied the C&G division is functioning lawfully and appropriately and in the interests of its members; and the administrator gives the Minister a written notice stating the administrator is satisfied of the matter mentioned in paragraph (a) .\n(sec.876H-ssec.3) In deciding whether to vary or revoke the administration notice, the Minister must have regard to— the purpose of this part; and any other matter the Minister considers relevant.\n(sec.876H-ssec.4) The Minister must obtain the consent of the administrator before varying or revoking the administration notice.\n(sec.876H-ssec.5) The Minister is not required to provide procedural fairness in varying or revoking the administration notice.\n- (a) vary the administration notice, including to vary the administration scheme; or\n- (b) revoke the administration notice.\n- (a) the administrator is satisfied the C&G division is functioning lawfully and appropriately and in the interests of its members; and\n- (b) the administrator gives the Minister a written notice stating the administrator is satisfied of the matter mentioned in paragraph (a) .\n- (a) the purpose of this part; and\n- (b) any other matter the Minister considers relevant.","sortOrder":1231},{"sectionNumber":"sec.876I","sectionType":"section","heading":"Interaction with chapter and CFMEUQ rules","content":"### sec.876I Interaction with chapter and CFMEUQ rules\n\nThis section applies if the administration notice or administration scheme is inconsistent with—\na provision of this chapter; or\nthe CFMEUQ rules.\nThe administration notice or administration scheme prevails to the extent of the inconsistency and is not limited by the provision of this chapter or the CFMEUQ rules.\ns 876I ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876I-ssec.1) This section applies if the administration notice or administration scheme is inconsistent with— a provision of this chapter; or the CFMEUQ rules.\n(sec.876I-ssec.2) The administration notice or administration scheme prevails to the extent of the inconsistency and is not limited by the provision of this chapter or the CFMEUQ rules.\n- (a) a provision of this chapter; or\n- (b) the CFMEUQ rules.","sortOrder":1232},{"sectionNumber":"ch.12-pt.15A-div.3","sectionType":"division","heading":"Functions and powers of administrator","content":"## Functions and powers of administrator","sortOrder":1233},{"sectionNumber":"sec.876J","sectionType":"section","heading":"Functions and powers of administrator","content":"### sec.876J Functions and powers of administrator\n\nWhile the C&G division is under administration, the administrator—\nhas conduct and management of the affairs of the C&G division; and\nhas control of, and may manage, the property of the C&G division; and\nmay dispose of property of the C&G division; and\nmay perform any function, or exercise any power, the C&G division could perform or exercise if it were not under administration.\nTo remove any doubt, it is declared that in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the C&G division.\nThe administrator also has the functions of—\npromoting compliance by the C&G division with the laws, including workplace laws, of the State and the Commonwealth; and\nensuring officers and employees of the C&G division have complied (including before the commencement), and continue to comply, with their obligations under this chapter; and\nto the extent an officer or employee of the C&G division has not complied with an obligation under this chapter (including before the commencement)—as far as reasonably practicable, ensuring the officer or employee is held accountable for the noncompliance.\nIn performing functions and exercising powers as administrator, the administrator must have regard to—\nthe purpose of this part; and\nthe objectives of the CFMEUQ as stated in the rules of the CFMEUQ as in effect on the commencement and to the extent the rules are lawful.\nA reference in this section to property of the C&G division includes a reference to property of the CFMEUQ that, immediately before the commencement, was solely or predominantly used for the benefit or purposes of the C&G division.\ns 876J ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876J-ssec.1) While the C&G division is under administration, the administrator— has conduct and management of the affairs of the C&G division; and has control of, and may manage, the property of the C&G division; and may dispose of property of the C&G division; and may perform any function, or exercise any power, the C&G division could perform or exercise if it were not under administration.\n(sec.876J-ssec.2) To remove any doubt, it is declared that in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the C&G division.\n(sec.876J-ssec.3) The administrator also has the functions of— promoting compliance by the C&G division with the laws, including workplace laws, of the State and the Commonwealth; and ensuring officers and employees of the C&G division have complied (including before the commencement), and continue to comply, with their obligations under this chapter; and to the extent an officer or employee of the C&G division has not complied with an obligation under this chapter (including before the commencement)—as far as reasonably practicable, ensuring the officer or employee is held accountable for the noncompliance.\n(sec.876J-ssec.4) In performing functions and exercising powers as administrator, the administrator must have regard to— the purpose of this part; and the objectives of the CFMEUQ as stated in the rules of the CFMEUQ as in effect on the commencement and to the extent the rules are lawful.\n(sec.876J-ssec.5) A reference in this section to property of the C&G division includes a reference to property of the CFMEUQ that, immediately before the commencement, was solely or predominantly used for the benefit or purposes of the C&G division.\n- (a) has conduct and management of the affairs of the C&G division; and\n- (b) has control of, and may manage, the property of the C&G division; and\n- (c) may dispose of property of the C&G division; and\n- (d) may perform any function, or exercise any power, the C&G division could perform or exercise if it were not under administration.\n- (a) promoting compliance by the C&G division with the laws, including workplace laws, of the State and the Commonwealth; and\n- (b) ensuring officers and employees of the C&G division have complied (including before the commencement), and continue to comply, with their obligations under this chapter; and\n- (c) to the extent an officer or employee of the C&G division has not complied with an obligation under this chapter (including before the commencement)—as far as reasonably practicable, ensuring the officer or employee is held accountable for the noncompliance.\n- (a) the purpose of this part; and\n- (b) the objectives of the CFMEUQ as stated in the rules of the CFMEUQ as in effect on the commencement and to the extent the rules are lawful.","sortOrder":1234},{"sectionNumber":"sec.876K","sectionType":"section","heading":"Providing assistance to administrator","content":"### sec.876K Providing assistance to administrator\n\nThe administrator may, for performing the administrator’s functions, by written notice to a relevant person, require the person to do the following—\ngive the administrator documents in the person’s possession that are reasonably required by the administrator to perform the functions;\ngive the administrator any other information or assistance reasonably required by the administrator for the performance of the functions.\nA relevant person who is given a notice under subsection (1) must comply with the notice unless the person has a reasonable excuse.\nThis subsection is a civil penalty provision.\nSee also section 571 in relation to persons involved in a contravention of a civil penalty provision.\nIt is a reasonable excuse for the relevant person not to comply with the notice if doing so might tend to incriminate the person.\nIn this section—\nrelevant person means—\nan officer, agent or employee of the CFMEUQ or any of its divisions; or\na former officer, agent or employee of the CFMEUQ or any of its divisions; or\na person who provides, or provided, services to the CFMEUQ or the C&G division under a contract or agreement; or\na person prescribed by regulation.\ns 876K ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876K-ssec.1) The administrator may, for performing the administrator’s functions, by written notice to a relevant person, require the person to do the following— give the administrator documents in the person’s possession that are reasonably required by the administrator to perform the functions; give the administrator any other information or assistance reasonably required by the administrator for the performance of the functions.\n(sec.876K-ssec.2) A relevant person who is given a notice under subsection (1) must comply with the notice unless the person has a reasonable excuse. This subsection is a civil penalty provision. See also section 571 in relation to persons involved in a contravention of a civil penalty provision.\n(sec.876K-ssec.3) It is a reasonable excuse for the relevant person not to comply with the notice if doing so might tend to incriminate the person.\n(sec.876K-ssec.4) In this section— relevant person means— an officer, agent or employee of the CFMEUQ or any of its divisions; or a former officer, agent or employee of the CFMEUQ or any of its divisions; or a person who provides, or provided, services to the CFMEUQ or the C&G division under a contract or agreement; or a person prescribed by regulation.\n- (a) give the administrator documents in the person’s possession that are reasonably required by the administrator to perform the functions;\n- (b) give the administrator any other information or assistance reasonably required by the administrator for the performance of the functions.\n- 1 This subsection is a civil penalty provision.\n- 2 See also section 571 in relation to persons involved in a contravention of a civil penalty provision.\n- (a) an officer, agent or employee of the CFMEUQ or any of its divisions; or\n- (b) a former officer, agent or employee of the CFMEUQ or any of its divisions; or\n- (c) a person who provides, or provided, services to the CFMEUQ or the C&G division under a contract or agreement; or\n- (d) a person prescribed by regulation.","sortOrder":1235},{"sectionNumber":"sec.876L","sectionType":"section","heading":"Reporting to Minister","content":"### sec.876L Reporting to Minister\n\nThe administrator must give the Minister a report about the operation of the administration scheme—\nno later than 6 months after the administration notice takes effect under section 876G ; and\nwithin 28 days after the end of each subsequent 6-month period until the administration notice is revoked under section 876H .\nThe Minister must table a copy of a report in the Legislative Assembly within 15 sitting days after the Minister receives the report.\ns 876L ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876L-ssec.1) The administrator must give the Minister a report about the operation of the administration scheme— no later than 6 months after the administration notice takes effect under section 876G ; and within 28 days after the end of each subsequent 6-month period until the administration notice is revoked under section 876H .\n(sec.876L-ssec.2) The Minister must table a copy of a report in the Legislative Assembly within 15 sitting days after the Minister receives the report.\n- (a) no later than 6 months after the administration notice takes effect under section 876G ; and\n- (b) within 28 days after the end of each subsequent 6-month period until the administration notice is revoked under section 876H .","sortOrder":1236},{"sectionNumber":"sec.876M","sectionType":"section","heading":"Protection from liability","content":"### sec.876M Protection from liability\n\nThe administrator is not civilly liable for an act done, or omission made, honestly and without negligence under this part.\nIf subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\ns 876M ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876M-ssec.1) The administrator is not civilly liable for an act done, or omission made, honestly and without negligence under this part.\n(sec.876M-ssec.2) If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.","sortOrder":1237},{"sectionNumber":"sec.876N","sectionType":"section","heading":"Actions of administrator under administration scheme","content":"### sec.876N Actions of administrator under administration scheme\n\nActions of the administrator, including actions mentioned in section 876E (4) (b) and (c) , have effect—\nregardless of the ending of the administration under section 876D (2) ; and\nafter the expiry of this part; and\ndespite any provision of this chapter or the CFMEUQ rules.\nA regulation may prescribe the effect of actions taken under the administration scheme for the purposes of other laws.\nThis section does not limit the Acts Interpretation Act 1954 , sections 20 and 20A .\ns 876N ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876N-ssec.1) Actions of the administrator, including actions mentioned in section 876E (4) (b) and (c) , have effect— regardless of the ending of the administration under section 876D (2) ; and after the expiry of this part; and despite any provision of this chapter or the CFMEUQ rules.\n(sec.876N-ssec.2) A regulation may prescribe the effect of actions taken under the administration scheme for the purposes of other laws.\n(sec.876N-ssec.3) This section does not limit the Acts Interpretation Act 1954 , sections 20 and 20A .\n- (a) regardless of the ending of the administration under section 876D (2) ; and\n- (b) after the expiry of this part; and\n- (c) despite any provision of this chapter or the CFMEUQ rules.","sortOrder":1238},{"sectionNumber":"sec.876O","sectionType":"section","heading":"Application of pt 15 , div 3","content":"### sec.876O Application of pt 15 , div 3\n\nPart 15 , division 3 does not apply in relation to the administrator in performing functions or exercising powers under this part.\ns 876O ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)","sortOrder":1239},{"sectionNumber":"ch.12-pt.15A-div.4","sectionType":"division","heading":"Other provisions for operation of administration scheme","content":"## Other provisions for operation of administration scheme","sortOrder":1240},{"sectionNumber":"sec.876P","sectionType":"section","heading":"Anti-avoidance provision","content":"### sec.876P Anti-avoidance provision\n\nA person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct—\nanother person is prevented from taking action under the administration scheme; or\nthe administrator is prevented from effectively administering the administration scheme.\nMaximum penalty—6,000 penalty units or 2 years imprisonment.\nThis subsection is a civil penalty provision.\nSee also section 571 in relation to persons involved in a contravention of a civil penalty provision.\nSee also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection.\nA criminal proceeding may be started against a person for a contravention of subsection (1) regardless of whether a civil penalty has been imposed on the person for the contravention.\nHowever, a civil penalty must not be imposed on a person on the grounds of a contravention of subsection (1) if the person has been convicted of an offence against subsection (1) .\nThis section applies despite section 571 (1) .\nIn this section—\nconduct includes a course of conduct.\nconvicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.\ns 876P ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876P-ssec.1) A person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct— another person is prevented from taking action under the administration scheme; or the administrator is prevented from effectively administering the administration scheme. Maximum penalty—6,000 penalty units or 2 years imprisonment. This subsection is a civil penalty provision. See also section 571 in relation to persons involved in a contravention of a civil penalty provision. See also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection.\n(sec.876P-ssec.2) A criminal proceeding may be started against a person for a contravention of subsection (1) regardless of whether a civil penalty has been imposed on the person for the contravention.\n(sec.876P-ssec.3) However, a civil penalty must not be imposed on a person on the grounds of a contravention of subsection (1) if the person has been convicted of an offence against subsection (1) .\n(sec.876P-ssec.4) This section applies despite section 571 (1) .\n(sec.876P-ssec.5) In this section— conduct includes a course of conduct. convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.\n- (a) another person is prevented from taking action under the administration scheme; or\n- (b) the administrator is prevented from effectively administering the administration scheme.\n- 1 This subsection is a civil penalty provision.\n- 2 See also section 571 in relation to persons involved in a contravention of a civil penalty provision.\n- 3 See also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection.","sortOrder":1241},{"sectionNumber":"sec.876Q","sectionType":"section","heading":"Disclosure of information to administrator by registrar or inspector","content":"### sec.876Q Disclosure of information to administrator by registrar or inspector\n\nThis section applies to a person who is or was either of the following (each an official )—\nthe registrar;\nan inspector.\nThe official may disclose to the administrator, for the purposes of the administration scheme, information about the C&G division that is in the official’s possession or control.\nThe administrator may use information disclosed under this section for the purposes of the administration scheme.\nA person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\ns 876Q ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876Q-ssec.1) This section applies to a person who is or was either of the following (each an official )— the registrar; an inspector.\n(sec.876Q-ssec.2) The official may disclose to the administrator, for the purposes of the administration scheme, information about the C&G division that is in the official’s possession or control.\n(sec.876Q-ssec.3) The administrator may use information disclosed under this section for the purposes of the administration scheme.\n(sec.876Q-ssec.4) A person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use.\n- (a) the registrar;\n- (b) an inspector.","sortOrder":1242},{"sectionNumber":"sec.876R","sectionType":"section","heading":"Costs of administration","content":"### sec.876R Costs of administration\n\nSubject to the administration notice, the costs of the administration, including the costs incurred by the administrator in acting under the administration scheme, are payable by the C&G division.\ns 876R ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)","sortOrder":1243},{"sectionNumber":"sec.876S","sectionType":"section","heading":"Alteration of CFMEUQ rules under administration scheme","content":"### sec.876S Alteration of CFMEUQ rules under administration scheme\n\nThis section applies if an alteration of the CFMEUQ rules is made under the administration scheme.\nThe administrator must, within 35 days after the alteration is made or a longer period decided by the registrar, file written notice of the particulars of the alteration.\nThe notice must include a declaration by the administrator that—\nthe alteration was made in accordance with the administration scheme; and\nthe particulars stated in the notice are true and correct to the best of the administrator’s knowledge and belief.\nThe registrar may, with the administrator’s consent, amend the alteration to correct a typographical, clerical or formal error.\nThe alteration does not take effect unless—\nsubsections (2) and (3) have been complied with for the alteration; and\nthe registrar has certified that, in the registrar’s opinion, the alteration—\ncomplies with, and is not contrary to, this Act, the Commonwealth Fair Work Act , modern awards and enterprise agreements; and\nis not otherwise contrary to law; and\nhas been made in accordance with the administration scheme.\nThe alteration takes effect on the day it is certified under subsection (5) .\nThis section applies despite part 6 .\ns 876S ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876S-ssec.1) This section applies if an alteration of the CFMEUQ rules is made under the administration scheme.\n(sec.876S-ssec.2) The administrator must, within 35 days after the alteration is made or a longer period decided by the registrar, file written notice of the particulars of the alteration.\n(sec.876S-ssec.3) The notice must include a declaration by the administrator that— the alteration was made in accordance with the administration scheme; and the particulars stated in the notice are true and correct to the best of the administrator’s knowledge and belief.\n(sec.876S-ssec.4) The registrar may, with the administrator’s consent, amend the alteration to correct a typographical, clerical or formal error.\n(sec.876S-ssec.5) The alteration does not take effect unless— subsections (2) and (3) have been complied with for the alteration; and the registrar has certified that, in the registrar’s opinion, the alteration— complies with, and is not contrary to, this Act, the Commonwealth Fair Work Act , modern awards and enterprise agreements; and is not otherwise contrary to law; and has been made in accordance with the administration scheme.\n(sec.876S-ssec.6) The alteration takes effect on the day it is certified under subsection (5) .\n(sec.876S-ssec.7) This section applies despite part 6 .\n- (a) the alteration was made in accordance with the administration scheme; and\n- (b) the particulars stated in the notice are true and correct to the best of the administrator’s knowledge and belief.\n- (a) subsections (2) and (3) have been complied with for the alteration; and\n- (b) the registrar has certified that, in the registrar’s opinion, the alteration— (i) complies with, and is not contrary to, this Act, the Commonwealth Fair Work Act , modern awards and enterprise agreements; and (ii) is not otherwise contrary to law; and (iii) has been made in accordance with the administration scheme.\n- (i) complies with, and is not contrary to, this Act, the Commonwealth Fair Work Act , modern awards and enterprise agreements; and\n- (ii) is not otherwise contrary to law; and\n- (iii) has been made in accordance with the administration scheme.\n- (i) complies with, and is not contrary to, this Act, the Commonwealth Fair Work Act , modern awards and enterprise agreements; and\n- (ii) is not otherwise contrary to law; and\n- (iii) has been made in accordance with the administration scheme.","sortOrder":1244},{"sectionNumber":"sec.876T","sectionType":"section","heading":"Decision about excluded matter final","content":"### sec.876T Decision about excluded matter final\n\nUnless the Supreme Court decides that a decision about an excluded matter is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.\nIn this section—\nexcluded matter means a decision to make, vary or revoke an administration notice.\ns 876T ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)\n(sec.876T-ssec.1) Unless the Supreme Court decides that a decision about an excluded matter is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.876T-ssec.2) The Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.\n(sec.876T-ssec.3) In this section— excluded matter means a decision to make, vary or revoke an administration notice.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":1245},{"sectionNumber":"ch.12-pt.15A-div.5","sectionType":"division","heading":"Expiry","content":"## Expiry","sortOrder":1246},{"sectionNumber":"sec.876U","sectionType":"section","heading":"Expiry","content":"### sec.876U Expiry\n\nThis part expires on the day that is 5 years after the day this section commences.\ns 876U ins 2024 No. 40 s 14B\nexp 23 August 2029 (see s 876U)","sortOrder":1247},{"sectionNumber":"ch.12-pt.16","sectionType":"part","heading":"Deregistration","content":"# Deregistration","sortOrder":1248},{"sectionNumber":"ch.12-pt.16-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1249},{"sectionNumber":"sec.877","sectionType":"section","heading":"Definitions for part","content":"### sec.877 Definitions for part\n\nIn this part—\nderegistration order see section 878 .\nindustrial conduct ground means a ground mentioned in section 878 (a) or (b) .\nmembers , of an organisation, means—\na substantial number of the organisation’s members; or\na section or class of its members.\nsmall organisation means—\nan employee organisation that has fewer than 20 members who are employees; or\nan employer organisation whose employer members have, in total, employed a monthly average of fewer than 20 employees during any 6-month period.\n- (a) a substantial number of the organisation’s members; or\n- (b) a section or class of its members.\n- (a) an employee organisation that has fewer than 20 members who are employees; or\n- (b) an employer organisation whose employer members have, in total, employed a monthly average of fewer than 20 employees during any 6-month period.","sortOrder":1250},{"sectionNumber":"ch.12-pt.16-div.2","sectionType":"division","heading":"General deregistration provisions","content":"## General deregistration provisions","sortOrder":1251},{"sectionNumber":"sec.878","sectionType":"section","heading":"General deregistration grounds","content":"### sec.878 General deregistration grounds\n\nThe full bench may order the deregistration of an organisation (a deregistration order ) on any of the following grounds—\nachieving the objects of the Act has been prevented by—\nthe organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or\nthe organisation’s continued failure to ensure its members do not contravene an instrument; or\nany other conduct by the organisation or its members;\nthe organisation or its members have been, or are, engaging in industrial action that has, is having, or is likely, to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community;\nthe organisation was registered by mistake;\nthe organisation’s rules—\ndo not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or\nimpose unreasonable conditions on a person’s continuing membership of the organisation; or\nare harsh or oppressive; or\nprovide for the organisation to end on the happening of an event and the event has happened;\nthe administration of the organisation’s rules is harsh or oppressive;\na majority of the organisation’s members have agreed to its deregistration;\nif the organisation is an employee organisation, it is not free from control by, or improper influence from—\nan employer; or\nan employer organisation; or\nanother entity that represents the interests of employers or has members who are employers.\ns 878 amd 2022 No. 27 s 58\n- (a) achieving the objects of the Act has been prevented by— (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or (iii) any other conduct by the organisation or its members;\n- (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or\n- (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or\n- (iii) any other conduct by the organisation or its members;\n- (b) the organisation or its members have been, or are, engaging in industrial action that has, is having, or is likely, to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community;\n- (c) the organisation was registered by mistake;\n- (d) the organisation’s rules— (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or (iii) are harsh or oppressive; or (iv) provide for the organisation to end on the happening of an event and the event has happened;\n- (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or\n- (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or\n- (iii) are harsh or oppressive; or\n- (iv) provide for the organisation to end on the happening of an event and the event has happened;\n- (e) the administration of the organisation’s rules is harsh or oppressive;\n- (f) a majority of the organisation’s members have agreed to its deregistration;\n- (g) if the organisation is an employee organisation, it is not free from control by, or improper influence from— (i) an employer; or (ii) an employer organisation; or (iii) another entity that represents the interests of employers or has members who are employers.\n- (i) an employer; or\n- (ii) an employer organisation; or\n- (iii) another entity that represents the interests of employers or has members who are employers.\n- (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or\n- (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or\n- (iii) any other conduct by the organisation or its members;\n- (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or\n- (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or\n- (iii) are harsh or oppressive; or\n- (iv) provide for the organisation to end on the happening of an event and the event has happened;\n- (i) an employer; or\n- (ii) an employer organisation; or\n- (iii) another entity that represents the interests of employers or has members who are employers.","sortOrder":1252},{"sectionNumber":"sec.879","sectionType":"section","heading":"Who may bring deregistration proceedings","content":"### sec.879 Who may bring deregistration proceedings\n\nEach of the following may apply to the full bench for a deregistration order on a ground mentioned in section 878 —\nan organisation;\nthe Minister;\nthe registrar;\nanother person given leave by the full bench.\nThe full bench may give leave only if it considers the person has sufficient interest to make the application.\nThe full bench may, of its own initiative, bring proceedings for a deregistration order—\non a ground mentioned in section 878 (c) or (d) (iv) ; or\nbecause the organisation has failed to comply with a demarcation dispute undertaking and amendment of its eligibility rules is inappropriate.\nThe registrar may also apply for a deregistration order on the ground the organisation is defunct.\n(sec.879-ssec.1) Each of the following may apply to the full bench for a deregistration order on a ground mentioned in section 878 — an organisation; the Minister; the registrar; another person given leave by the full bench.\n(sec.879-ssec.2) The full bench may give leave only if it considers the person has sufficient interest to make the application.\n(sec.879-ssec.3) The full bench may, of its own initiative, bring proceedings for a deregistration order— on a ground mentioned in section 878 (c) or (d) (iv) ; or because the organisation has failed to comply with a demarcation dispute undertaking and amendment of its eligibility rules is inappropriate.\n(sec.879-ssec.4) The registrar may also apply for a deregistration order on the ground the organisation is defunct.\n- (a) an organisation;\n- (b) the Minister;\n- (c) the registrar;\n- (d) another person given leave by the full bench.\n- (a) on a ground mentioned in section 878 (c) or (d) (iv) ; or\n- (b) because the organisation has failed to comply with a demarcation dispute undertaking and amendment of its eligibility rules is inappropriate.","sortOrder":1253},{"sectionNumber":"sec.880","sectionType":"section","heading":"Hearing on ground other than industrial conduct","content":"### sec.880 Hearing on ground other than industrial conduct\n\nIf a ground on which the proceedings are based includes a ground other than an industrial conduct ground, the full bench may make a deregistration order if satisfied the ground has been made out.","sortOrder":1254},{"sectionNumber":"sec.881","sectionType":"section","heading":"Hearing on industrial conduct ground","content":"### sec.881 Hearing on industrial conduct ground\n\nThis section applies if at the hearing of the application a ground on which the proceedings are based is an industrial conduct ground.\nThe full bench must make a deregistration order if it—\nfinds the ground has been made out; and\ndoes not consider the deregistration of the organisation unjust, after considering—\nthe significance of the circumstances forming the ground; and\nthe action taken by or against the organisation about the ground.\nHowever, if the full bench finds the industrial conduct ground is made out entirely or mainly because of conduct by a section or class of the organisation’s membership, it may instead of making a deregistration order—\norder amendments of the organisation’s eligibility rules to exclude persons from the section or class from membership eligibility; or\nexclude a stated person from the organisation’s membership.\nA deregistration order may also prohibit the deregistered organisation from applying for registration before a stated day.\n(sec.881-ssec.1) This section applies if at the hearing of the application a ground on which the proceedings are based is an industrial conduct ground.\n(sec.881-ssec.2) The full bench must make a deregistration order if it— finds the ground has been made out; and does not consider the deregistration of the organisation unjust, after considering— the significance of the circumstances forming the ground; and the action taken by or against the organisation about the ground.\n(sec.881-ssec.3) However, if the full bench finds the industrial conduct ground is made out entirely or mainly because of conduct by a section or class of the organisation’s membership, it may instead of making a deregistration order— order amendments of the organisation’s eligibility rules to exclude persons from the section or class from membership eligibility; or exclude a stated person from the organisation’s membership.\n(sec.881-ssec.4) A deregistration order may also prohibit the deregistered organisation from applying for registration before a stated day.\n- (a) finds the ground has been made out; and\n- (b) does not consider the deregistration of the organisation unjust, after considering— (i) the significance of the circumstances forming the ground; and (ii) the action taken by or against the organisation about the ground.\n- (i) the significance of the circumstances forming the ground; and\n- (ii) the action taken by or against the organisation about the ground.\n- (i) the significance of the circumstances forming the ground; and\n- (ii) the action taken by or against the organisation about the ground.\n- (a) order amendments of the organisation’s eligibility rules to exclude persons from the section or class from membership eligibility; or\n- (b) exclude a stated person from the organisation’s membership.","sortOrder":1255},{"sectionNumber":"sec.882","sectionType":"section","heading":"Deferral of deregistration for industrial conduct","content":"### sec.882 Deferral of deregistration for industrial conduct\n\nThis section applies if the full bench must, apart from this section, make a deregistration order under section 881 .\nThe full bench may defer its decision on making the deregistration order and make an order (a deferral order )—\nsuspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under—\nthis Act; or\nan order of the commission; or\nan award or certified agreement; or\ndirecting how a suspended right, privilege or capacity may be exercised; or\nrestricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.\nIf a deferral order is made, the full bench must defer its decision on making the deregistration order until—\nif a party to the proceedings applies, the court considers it is just to make the decision considering—\nevidence given about compliance with the order; and\nother relevant circumstances; or\nthe order ends.\nA deferral order has effect despite the rules of the organisation or its branches.\n(sec.882-ssec.1) This section applies if the full bench must, apart from this section, make a deregistration order under section 881 .\n(sec.882-ssec.2) The full bench may defer its decision on making the deregistration order and make an order (a deferral order )— suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under— this Act; or an order of the commission; or an award or certified agreement; or directing how a suspended right, privilege or capacity may be exercised; or restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.\n(sec.882-ssec.3) If a deferral order is made, the full bench must defer its decision on making the deregistration order until— if a party to the proceedings applies, the court considers it is just to make the decision considering— evidence given about compliance with the order; and other relevant circumstances; or the order ends.\n(sec.882-ssec.4) A deferral order has effect despite the rules of the organisation or its branches.\n- (a) suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under— (i) this Act; or (ii) an order of the commission; or (iii) an award or certified agreement; or\n- (i) this Act; or\n- (ii) an order of the commission; or\n- (iii) an award or certified agreement; or\n- (b) directing how a suspended right, privilege or capacity may be exercised; or\n- (c) restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.\n- (i) this Act; or\n- (ii) an order of the commission; or\n- (iii) an award or certified agreement; or\n- (a) if a party to the proceedings applies, the court considers it is just to make the decision considering— (i) evidence given about compliance with the order; and (ii) other relevant circumstances; or\n- (i) evidence given about compliance with the order; and\n- (ii) other relevant circumstances; or\n- (b) the order ends.\n- (i) evidence given about compliance with the order; and\n- (ii) other relevant circumstances; or","sortOrder":1256},{"sectionNumber":"sec.883","sectionType":"section","heading":"When deferral order ends","content":"### sec.883 When deferral order ends\n\nA deferral order ends—\n6 months after it takes effect, if the full bench has not extended the order before that time; or\nif the full bench has extended the order—at the end of the extension; or\nif it is discharged by the full bench.\nThe full bench may discharge or extend a deferral order only on the application of a party to the deregistration proceedings.\nAn application for an extension may only be made before the deferral order ends.\nIf an application for an extension is made before the deferral order ends, the order is taken to be extended until the application is decided by the full bench.\n(sec.883-ssec.1) A deferral order ends— 6 months after it takes effect, if the full bench has not extended the order before that time; or if the full bench has extended the order—at the end of the extension; or if it is discharged by the full bench.\n(sec.883-ssec.2) The full bench may discharge or extend a deferral order only on the application of a party to the deregistration proceedings.\n(sec.883-ssec.3) An application for an extension may only be made before the deferral order ends.\n(sec.883-ssec.4) If an application for an extension is made before the deferral order ends, the order is taken to be extended until the application is decided by the full bench.\n- (a) 6 months after it takes effect, if the full bench has not extended the order before that time; or\n- (b) if the full bench has extended the order—at the end of the extension; or\n- (c) if it is discharged by the full bench.","sortOrder":1257},{"sectionNumber":"sec.884","sectionType":"section","heading":"Incidental orders or directions","content":"### sec.884 Incidental orders or directions\n\nIf the full bench makes a deregistration order, it may also make—\nan order or direction it considers appropriate to give effect to the deregistration; or\nan order under section 892 (2) , whether or not an application has been made for the order.\n- (a) an order or direction it considers appropriate to give effect to the deregistration; or\n- (b) an order under section 892 (2) , whether or not an application has been made for the order.","sortOrder":1258},{"sectionNumber":"ch.12-pt.16-div.3","sectionType":"division","heading":"Small organisations","content":"## Small organisations","sortOrder":1259},{"sectionNumber":"sec.885","sectionType":"section","heading":"Commission may review","content":"### sec.885 Commission may review\n\nThe commission may review an organisation to inquire whether the organisation is or may be a small organisation.","sortOrder":1260},{"sectionNumber":"sec.886","sectionType":"section","heading":"Deregistration proceedings by commission","content":"### sec.886 Deregistration proceedings by commission\n\nIf the commission considers an organisation is or may be a small organisation, it may bring deregistration proceedings under this division against the organisation.\nHowever, the commission must not bring proceedings under this division more than once a year against the same organisation.\n(sec.886-ssec.1) If the commission considers an organisation is or may be a small organisation, it may bring deregistration proceedings under this division against the organisation.\n(sec.886-ssec.2) However, the commission must not bring proceedings under this division more than once a year against the same organisation.","sortOrder":1261},{"sectionNumber":"sec.887","sectionType":"section","heading":"Deciding proceedings","content":"### sec.887 Deciding proceedings\n\nThe commission must make a deregistration order if satisfied the organisation is a small organisation.\nHowever, the commission may decide not to make the order if satisfied there are special circumstances and the organisation’s continued registration is in the public interest.\nThe organisation is an employee organisation and the commission is satisfied the organisation will in the near future, if its registration is continued, have more than 20 members who are employees.\n(sec.887-ssec.1) The commission must make a deregistration order if satisfied the organisation is a small organisation.\n(sec.887-ssec.2) However, the commission may decide not to make the order if satisfied there are special circumstances and the organisation’s continued registration is in the public interest. The organisation is an employee organisation and the commission is satisfied the organisation will in the near future, if its registration is continued, have more than 20 members who are employees.","sortOrder":1262},{"sectionNumber":"ch.12-pt.16-div.4","sectionType":"division","heading":"Effects of deregistration","content":"## Effects of deregistration","sortOrder":1263},{"sectionNumber":"sec.888","sectionType":"section","heading":"Application and purpose of division","content":"### sec.888 Application and purpose of division\n\nThis division applies on the making of a deregistration order.\nThis division provides for the effects of the order on the deregistered organisation under the order and on other persons.\n(sec.888-ssec.1) This division applies on the making of a deregistration order.\n(sec.888-ssec.2) This division provides for the effects of the order on the deregistered organisation under the order and on other persons.","sortOrder":1264},{"sectionNumber":"sec.889","sectionType":"section","heading":"When deregistration takes effect","content":"### sec.889 When deregistration takes effect\n\nThe deregistered organisation stops being an organisation when the deregistration order is made.\nThe registrar must record the deregistration of the organisation and date of the order in the register.\n(sec.889-ssec.1) The deregistered organisation stops being an organisation when the deregistration order is made.\n(sec.889-ssec.2) The registrar must record the deregistration of the organisation and date of the order in the register.","sortOrder":1265},{"sectionNumber":"sec.890","sectionType":"section","heading":"Effect on corporate status","content":"### sec.890 Effect on corporate status\n\nIf the deregistered organisation was a corporation under another law, the deregistered organisation continues to be incorporated, but only under the other law.\nIf the deregistered organisation was incorporated only because of its registration—\nit stops being incorporated and becomes an association; and\nits name is taken to be changed to omit the words required to be included in its registered name under section 612 (1) ; and\nits rules continue in force to the extent the rules can still be carried out or complied with.\n(sec.890-ssec.1) If the deregistered organisation was a corporation under another law, the deregistered organisation continues to be incorporated, but only under the other law.\n(sec.890-ssec.2) If the deregistered organisation was incorporated only because of its registration— it stops being incorporated and becomes an association; and its name is taken to be changed to omit the words required to be included in its registered name under section 612 (1) ; and its rules continue in force to the extent the rules can still be carried out or complied with.\n- (a) it stops being incorporated and becomes an association; and\n- (b) its name is taken to be changed to omit the words required to be included in its registered name under section 612 (1) ; and\n- (c) its rules continue in force to the extent the rules can still be carried out or complied with.","sortOrder":1266},{"sectionNumber":"sec.891","sectionType":"section","heading":"No release of liabilities","content":"### sec.891 No release of liabilities\n\nThe deregistration of the organisation does not act to satisfy a liability or penalty incurred by the deregistered organisation or any of its members before the deregistration.","sortOrder":1267},{"sectionNumber":"sec.892","sectionType":"section","heading":"Effect on property","content":"### sec.892 Effect on property\n\nIf the deregistered organisation was incorporated only because of its registration, property owned by it immediately before the deregistration must be—\nheld and used under its rules, to the extent the rules can still be carried out or complied with; and\napplied for the purposes of the deregistered organisation under its rules.\nDespite subsection (1) , the full bench may, if an interested person applies, make an order it considers appropriate to satisfy the deregistered organisation’s liabilities from the property.\nIn this section—\nrules of the deregistered organisation means its rules as in force immediately before its deregistration.\n(sec.892-ssec.1) If the deregistered organisation was incorporated only because of its registration, property owned by it immediately before the deregistration must be— held and used under its rules, to the extent the rules can still be carried out or complied with; and applied for the purposes of the deregistered organisation under its rules.\n(sec.892-ssec.2) Despite subsection (1) , the full bench may, if an interested person applies, make an order it considers appropriate to satisfy the deregistered organisation’s liabilities from the property.\n(sec.892-ssec.3) In this section— rules of the deregistered organisation means its rules as in force immediately before its deregistration.\n- (a) held and used under its rules, to the extent the rules can still be carried out or complied with; and\n- (b) applied for the purposes of the deregistered organisation under its rules.","sortOrder":1268},{"sectionNumber":"sec.893","sectionType":"section","heading":"Effect on certain instruments","content":"### sec.893 Effect on certain instruments\n\nIf an award, order of the commission or certified agreement (the instrument ) bound the deregistered organisation and its members before the deregistration of the organisation—\nfrom the deregistration, the deregistered organisation and its members do not have the right to a benefit under the instrument; and\nthe instrument stops having any effect for the deregistered organisation 21 days after the deregistration.\nDespite subsection (1) (b) , the commission may make an order it considers appropriate about the effect, if any, of the instrument on the deregistered organisation and its members.\n(sec.893-ssec.1) If an award, order of the commission or certified agreement (the instrument ) bound the deregistered organisation and its members before the deregistration of the organisation— from the deregistration, the deregistered organisation and its members do not have the right to a benefit under the instrument; and the instrument stops having any effect for the deregistered organisation 21 days after the deregistration.\n(sec.893-ssec.2) Despite subsection (1) (b) , the commission may make an order it considers appropriate about the effect, if any, of the instrument on the deregistered organisation and its members.\n- (a) from the deregistration, the deregistered organisation and its members do not have the right to a benefit under the instrument; and\n- (b) the instrument stops having any effect for the deregistered organisation 21 days after the deregistration.","sortOrder":1269},{"sectionNumber":"ch.12-pt.17","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1270},{"sectionNumber":"sec.894","sectionType":"section","heading":"Hearing to be given before making decision","content":"### sec.894 Hearing to be given before making decision\n\nThe court, commission or registrar (the industrial tribunal ) must, before making a decision under this chapter, give the following persons an opportunity to be heard about whether the decision should be made—\na person who applied for the decision or from whose application the decision is proposed to be made;\na person in relation to whom the decision is sought or may be made;\na person who may object to the making of the decision who has objected in the way required under this chapter;\nan organisation the decision concerns;\nany other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.\nHowever, subsection (1) does not apply if the industrial tribunal considers the decision may be made without prejudicing the rights of a person or for other sufficient reason.\nA regulation may provide for—\nobjections to the making of a decision under this chapter; or\nthe way in which the opportunity to be heard must be given.\nIn this section—\ndecision includes—\nan amendment of a rule of an organisation, other than a correction of a formal or clerical error; and\na referral.\n(sec.894-ssec.1) The court, commission or registrar (the industrial tribunal ) must, before making a decision under this chapter, give the following persons an opportunity to be heard about whether the decision should be made— a person who applied for the decision or from whose application the decision is proposed to be made; a person in relation to whom the decision is sought or may be made; a person who may object to the making of the decision who has objected in the way required under this chapter; an organisation the decision concerns; any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.\n(sec.894-ssec.2) However, subsection (1) does not apply if the industrial tribunal considers the decision may be made without prejudicing the rights of a person or for other sufficient reason.\n(sec.894-ssec.3) A regulation may provide for— objections to the making of a decision under this chapter; or the way in which the opportunity to be heard must be given.\n(sec.894-ssec.4) In this section— decision includes— an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and a referral.\n- (a) a person who applied for the decision or from whose application the decision is proposed to be made;\n- (b) a person in relation to whom the decision is sought or may be made;\n- (c) a person who may object to the making of the decision who has objected in the way required under this chapter;\n- (d) an organisation the decision concerns;\n- (e) any other person the industrial tribunal considers should be heard or who has a sufficient interest in the making of the decision.\n- (a) objections to the making of a decision under this chapter; or\n- (b) the way in which the opportunity to be heard must be given.\n- (a) an amendment of a rule of an organisation, other than a correction of a formal or clerical error; and\n- (b) a referral.","sortOrder":1271},{"sectionNumber":"sec.895","sectionType":"section","heading":"Notice of registrar’s or Minister’s decisions","content":"### sec.895 Notice of registrar’s or Minister’s decisions\n\nThis section applies if the registrar makes any of the following decisions—\na decision to refuse an application made to the registrar under this chapter;\na decision under section 638 , to cancel an approval under section 637 , or under part 12 , to cancel or amend an exemption under that part, if the holder of the approval or exemption has not asked for the cancellation or amendment;\na decision to amend an organisation’s rules under section 655 ;\na decision to refuse, under section 690 , to refer an application for an election inquiry to the commission.\nThe registrar must promptly give an applicant, a person who held a cancelled or amended exemption or an organisation as mentioned in subsection (1) , a notice stating the following—\nthe decision;\nthe reasons for the decision;\nthat the person or organisation to whom the notice is given may appeal to the full bench against the decision within 21 days;\nhow to start an appeal.\nSubsection (4) applies if the Minister makes a decision under section 648 (3) or 700 (3) for an amount of financial help to be given to a person.\nThe Minister must promptly give a person to be given financial help as mentioned in subsection (3) , a notice stating the following—\nthe decision;\nthe reasons for the decision;\nthat the person to whom the notice is given may appeal to the full bench against the decision within 21 days;\nhow to start an appeal.\n(sec.895-ssec.1) This section applies if the registrar makes any of the following decisions— a decision to refuse an application made to the registrar under this chapter; a decision under section 638 , to cancel an approval under section 637 , or under part 12 , to cancel or amend an exemption under that part, if the holder of the approval or exemption has not asked for the cancellation or amendment; a decision to amend an organisation’s rules under section 655 ; a decision to refuse, under section 690 , to refer an application for an election inquiry to the commission.\n(sec.895-ssec.2) The registrar must promptly give an applicant, a person who held a cancelled or amended exemption or an organisation as mentioned in subsection (1) , a notice stating the following— the decision; the reasons for the decision; that the person or organisation to whom the notice is given may appeal to the full bench against the decision within 21 days; how to start an appeal.\n(sec.895-ssec.3) Subsection (4) applies if the Minister makes a decision under section 648 (3) or 700 (3) for an amount of financial help to be given to a person.\n(sec.895-ssec.4) The Minister must promptly give a person to be given financial help as mentioned in subsection (3) , a notice stating the following— the decision; the reasons for the decision; that the person to whom the notice is given may appeal to the full bench against the decision within 21 days; how to start an appeal.\n- (a) a decision to refuse an application made to the registrar under this chapter;\n- (b) a decision under section 638 , to cancel an approval under section 637 , or under part 12 , to cancel or amend an exemption under that part, if the holder of the approval or exemption has not asked for the cancellation or amendment;\n- (c) a decision to amend an organisation’s rules under section 655 ;\n- (d) a decision to refuse, under section 690 , to refer an application for an election inquiry to the commission.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the person or organisation to whom the notice is given may appeal to the full bench against the decision within 21 days;\n- (d) how to start an appeal.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the person to whom the notice is given may appeal to the full bench against the decision within 21 days;\n- (d) how to start an appeal.","sortOrder":1272},{"sectionNumber":"sec.896","sectionType":"section","heading":"Falsely obtaining organisation’s property","content":"### sec.896 Falsely obtaining organisation’s property\n\nA person must not obtain possession of an organisation’s property by false representation or imposition.\nMaximum penalty—100 penalty units.","sortOrder":1273},{"sectionNumber":"sec.897","sectionType":"section","heading":"Wrongfully applying organisation’s property","content":"### sec.897 Wrongfully applying organisation’s property\n\nA person in possession of an organisation’s property must not—\nwilfully withhold the property from a person who has the right to possess it; or\nfraudulently misapply the property; or\nwilfully apply the property to a use not authorised under the organisation’s rules.\nMaximum penalty—100 penalty units.\n- (a) wilfully withhold the property from a person who has the right to possess it; or\n- (b) fraudulently misapply the property; or\n- (c) wilfully apply the property to a use not authorised under the organisation’s rules.","sortOrder":1274},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1275},{"sectionNumber":"sec.898","sectionType":"section","heading":"Definitions for chapter","content":"### sec.898 Definitions for chapter\n\nIn this chapter—\nelectronic document .. .\ns 898 def electronic document om 2023 No. 23 s 247 sch 1 s 1\nidentity card , for a provision about inspectors, means an identity card issued under section 904 .\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\nplace includes the following—\npremises;\nvacant land;\na place in Queensland waters;\na place held under more than 1 title or by more than 1 owner;\nthe land or water where a building or structure, or a group of buildings or structures, is situated.\npremises includes—\na building or other structure; and\na part of a building or other structure; and\npremises held under more than 1 title or by more than 1 owner.\npublic place means a place, or part of a place—\nthat the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.\n- (a) premises;\n- (b) vacant land;\n- (c) a place in Queensland waters;\n- (d) a place held under more than 1 title or by more than 1 owner;\n- (e) the land or water where a building or structure, or a group of buildings or structures, is situated.\n- (a) a building or other structure; and\n- (b) a part of a building or other structure; and\n- (c) premises held under more than 1 title or by more than 1 owner.\n- (a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or Examples— a beach, a park, a road\n- (b) the occupier of which allows, whether or not on payment of money, members of the public to enter. Examples— a saleyard, a showground","sortOrder":1276},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Appointment","content":"# Appointment","sortOrder":1277},{"sectionNumber":"sec.899","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.899 Appointment of inspectors\n\nThe Governor in Council may, by gazette notice, appoint a person as the chief inspector.\nThe chief executive may, by instrument in writing, appoint a person as an inspector.\nHowever, a person may be appointed as an inspector only if—\nthe person is—\na public service officer or employee; or\nan inspector under the Further Education and Training Act 2014 ; or\na person with the qualifications prescribed by regulation; and\nthe Governor in Council or chief executive making the appointment is satisfied the person is appropriately qualified.\nWhile the person is an inspector, the person is also an inspector for—\nthe Child Employment Act 2006 ; and\nthe Pastoral Workers’ Accommodation Act 1980 ; and\nthe Trading (Allowable Hours) Act 1990 ; and\nthe Workers’ Accommodation Act 1952 .\nAn inspector is employed under the Public Sector Act 2022 .\ns 899 amd 2022 No. 34 s 365 sch 3\n(sec.899-ssec.1) The Governor in Council may, by gazette notice, appoint a person as the chief inspector.\n(sec.899-ssec.2) The chief executive may, by instrument in writing, appoint a person as an inspector.\n(sec.899-ssec.3) However, a person may be appointed as an inspector only if— the person is— a public service officer or employee; or an inspector under the Further Education and Training Act 2014 ; or a person with the qualifications prescribed by regulation; and the Governor in Council or chief executive making the appointment is satisfied the person is appropriately qualified.\n(sec.899-ssec.4) While the person is an inspector, the person is also an inspector for— the Child Employment Act 2006 ; and the Pastoral Workers’ Accommodation Act 1980 ; and the Trading (Allowable Hours) Act 1990 ; and the Workers’ Accommodation Act 1952 .\n(sec.899-ssec.5) An inspector is employed under the Public Sector Act 2022 .\n- (a) the person is— (i) a public service officer or employee; or (ii) an inspector under the Further Education and Training Act 2014 ; or (iii) a person with the qualifications prescribed by regulation; and\n- (i) a public service officer or employee; or\n- (ii) an inspector under the Further Education and Training Act 2014 ; or\n- (iii) a person with the qualifications prescribed by regulation; and\n- (b) the Governor in Council or chief executive making the appointment is satisfied the person is appropriately qualified.\n- (i) a public service officer or employee; or\n- (ii) an inspector under the Further Education and Training Act 2014 ; or\n- (iii) a person with the qualifications prescribed by regulation; and\n- (a) the Child Employment Act 2006 ; and\n- (b) the Pastoral Workers’ Accommodation Act 1980 ; and\n- (c) the Trading (Allowable Hours) Act 1990 ; and\n- (d) the Workers’ Accommodation Act 1952 .","sortOrder":1278},{"sectionNumber":"sec.900","sectionType":"section","heading":"Functions","content":"### sec.900 Functions\n\nAn inspector has the following functions—\nto ensure industrial instruments, permits and orders are, as far as possible, complied with;\nto investigate and, when necessary, take action to deal with alleged contraventions of this Act;\nto investigate complaints made under section 859 about organisations or officers of organisations;\nto inform employees and employers of their rights and obligations under this Act;\nperform other functions—\ngiven to an inspector under this Act or another Act; or\nprescribed by regulation.\nAlso, an inspector’s functions include investigating and monitoring compliance with chapter 12 , part 11 .\nFor subsection (2) , an investigation may be undertaken regardless of whether the registrar has investigated the matter under chapter 12 , part 11 , division 6 , subdivision 8 .\nIn performing the inspector’s functions, the inspector must, when appropriate, have particular regard to—\nthe needs of employees in a disadvantaged bargaining position (including, for example, women, people from a non-English speaking background, young people, apprentices, trainees and outworkers); and\nhelping employees to balance work and family responsibilities.\n(sec.900-ssec.1) An inspector has the following functions— to ensure industrial instruments, permits and orders are, as far as possible, complied with; to investigate and, when necessary, take action to deal with alleged contraventions of this Act; to investigate complaints made under section 859 about organisations or officers of organisations; to inform employees and employers of their rights and obligations under this Act; perform other functions— given to an inspector under this Act or another Act; or prescribed by regulation.\n(sec.900-ssec.2) Also, an inspector’s functions include investigating and monitoring compliance with chapter 12 , part 11 .\n(sec.900-ssec.3) For subsection (2) , an investigation may be undertaken regardless of whether the registrar has investigated the matter under chapter 12 , part 11 , division 6 , subdivision 8 .\n(sec.900-ssec.4) In performing the inspector’s functions, the inspector must, when appropriate, have particular regard to— the needs of employees in a disadvantaged bargaining position (including, for example, women, people from a non-English speaking background, young people, apprentices, trainees and outworkers); and helping employees to balance work and family responsibilities.\n- (a) to ensure industrial instruments, permits and orders are, as far as possible, complied with;\n- (b) to investigate and, when necessary, take action to deal with alleged contraventions of this Act;\n- (c) to investigate complaints made under section 859 about organisations or officers of organisations;\n- (d) to inform employees and employers of their rights and obligations under this Act;\n- (e) perform other functions— (i) given to an inspector under this Act or another Act; or (ii) prescribed by regulation.\n- (i) given to an inspector under this Act or another Act; or\n- (ii) prescribed by regulation.\n- (i) given to an inspector under this Act or another Act; or\n- (ii) prescribed by regulation.\n- (a) the needs of employees in a disadvantaged bargaining position (including, for example, women, people from a non-English speaking background, young people, apprentices, trainees and outworkers); and\n- (b) helping employees to balance work and family responsibilities.","sortOrder":1279},{"sectionNumber":"sec.901","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.901 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, signed notice given to the inspector or regulation may limit the inspector’s powers.\nIn exercising a power, the inspector is subject to the chief inspector’s direction.\nIn this section—\nsigned notice means a notice signed by—\nfor the chief inspector—the Governor in Council; or\nfor another inspector—the chief executive.\n(sec.901-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.901-ssec.2) The instrument of appointment, signed notice given to the inspector or regulation may limit the inspector’s powers.\n(sec.901-ssec.3) In exercising a power, the inspector is subject to the chief inspector’s direction.\n(sec.901-ssec.4) In this section— signed notice means a notice signed by— for the chief inspector—the Governor in Council; or for another inspector—the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.\n- (a) for the chief inspector—the Governor in Council; or\n- (b) for another inspector—the chief executive.","sortOrder":1280},{"sectionNumber":"sec.902","sectionType":"section","heading":"When office ends","content":"### sec.902 When office ends\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 903 takes effect.\nSubsection (1) does not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.902-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 903 takes effect.\n(sec.902-ssec.2) Subsection (1) does not limit the ways the office of a person as an inspector ends.\n(sec.902-ssec.3) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 903 takes effect.","sortOrder":1281},{"sectionNumber":"sec.903","sectionType":"section","heading":"Resignation","content":"### sec.903 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\nHowever, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.\n(sec.903-ssec.1) An inspector may resign by signed notice given to the chief executive.\n(sec.903-ssec.2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.","sortOrder":1282},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Identity cards","content":"# Identity cards","sortOrder":1283},{"sectionNumber":"sec.904","sectionType":"section","heading":"Issue of identity card","content":"### sec.904 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.904-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.904-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.904-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":1284},{"sectionNumber":"sec.905","sectionType":"section","heading":"Production or display of identity card","content":"### sec.905 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 910 (1) (b) or (2) (b) .\n(sec.905-ssec.1) In exercising a power in relation to a person in the person’s presence, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.905-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.905-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 910 (1) (b) or (2) (b) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":1285},{"sectionNumber":"sec.906","sectionType":"section","heading":"Return of identity card","content":"### sec.906 Return of identity card\n\nIf the office of a person as an inspector ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":1286},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":1287},{"sectionNumber":"sec.907","sectionType":"section","heading":"Reference to exercise of powers","content":"### sec.907 Reference to exercise of powers\n\nThis section applies if—\na provision of this Act refers to the exercise of a power by an inspector; and\nthere is no reference to a specific power.\nThe reference is to the exercise of all or any inspectors’ powers under this Act or a warrant, to the extent the powers are relevant.\n(sec.907-ssec.1) This section applies if— a provision of this Act refers to the exercise of a power by an inspector; and there is no reference to a specific power.\n(sec.907-ssec.2) The reference is to the exercise of all or any inspectors’ powers under this Act or a warrant, to the extent the powers are relevant.\n- (a) a provision of this Act refers to the exercise of a power by an inspector; and\n- (b) there is no reference to a specific power.","sortOrder":1288},{"sectionNumber":"sec.908","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.908 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":1289},{"sectionNumber":"sec.909","sectionType":"section","heading":"Exercising powers as an inspector under the Child Employment Act 2006","content":"### sec.909 Exercising powers as an inspector under the Child Employment Act 2006\n\nFor the exercise of a power under this Act as an inspector under the Child Employment Act 2006 —\na reference in this Act to an employee includes a child to whom that Act applies; and\na reference in this Act to an employer includes a person who engages, or arranges for, a child to whom that Act applies to perform work at the direction of the person, whether the child works for gain or reward or on a voluntary basis.\n(sec.909-ssec) For the exercise of a power under this Act as an inspector under the Child Employment Act 2006 — a reference in this Act to an employee includes a child to whom that Act applies; and a reference in this Act to an employer includes a person who engages, or arranges for, a child to whom that Act applies to perform work at the direction of the person, whether the child works for gain or reward or on a voluntary basis.\n- (a) a reference in this Act to an employee includes a child to whom that Act applies; and\n- (b) a reference in this Act to an employer includes a person who engages, or arranges for, a child to whom that Act applies to perform work at the direction of the person, whether the child works for gain or reward or on a voluntary basis.","sortOrder":1290},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"Powers","content":"# Powers","sortOrder":1291},{"sectionNumber":"sec.910","sectionType":"section","heading":"Power to enter places","content":"### sec.910 Power to enter places\n\nAn inspector may, without the occupier’s consent, enter—\na public place; or\na workplace when—\nthe workplace is open for carrying on business; or\nthe workplace is otherwise open for entry.\nIf the workplace is on or near residential premises, an inspector may, without the occupier’s consent, do any of the following—\nenter the land around the premises to an extent that is reasonable to contact the occupier;\nenter part of the premises the inspector reasonably considers members of the public are ordinarily allowed to enter to contact the occupier;\nenter that part of the premises the inspector reasonably believes clothing outwork is being, has recently been, or is about to be carried on.\nHowever, if it is practicable to do so before entering land or premises under subsection (2) , the inspector must first inform the occupier of the inspector’s intention to enter the land or premises.\nIn this section—\nbranch , of an organisation, see section 595 .\nresidential premises means premises usually occupied as a private dwelling house.\nworkplace —\nmeans a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be carried on; and\nincludes a place of business used or occupied by an organisation or branch of an organisation.\n(sec.910-ssec.1) An inspector may, without the occupier’s consent, enter— a public place; or a workplace when— the workplace is open for carrying on business; or the workplace is otherwise open for entry.\n(sec.910-ssec.2) If the workplace is on or near residential premises, an inspector may, without the occupier’s consent, do any of the following— enter the land around the premises to an extent that is reasonable to contact the occupier; enter part of the premises the inspector reasonably considers members of the public are ordinarily allowed to enter to contact the occupier; enter that part of the premises the inspector reasonably believes clothing outwork is being, has recently been, or is about to be carried on.\n(sec.910-ssec.3) However, if it is practicable to do so before entering land or premises under subsection (2) , the inspector must first inform the occupier of the inspector’s intention to enter the land or premises.\n(sec.910-ssec.4) In this section— branch , of an organisation, see section 595 . residential premises means premises usually occupied as a private dwelling house. workplace — means a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be carried on; and includes a place of business used or occupied by an organisation or branch of an organisation.\n- (a) a public place; or\n- (b) a workplace when— (i) the workplace is open for carrying on business; or (ii) the workplace is otherwise open for entry.\n- (i) the workplace is open for carrying on business; or\n- (ii) the workplace is otherwise open for entry.\n- (i) the workplace is open for carrying on business; or\n- (ii) the workplace is otherwise open for entry.\n- (a) enter the land around the premises to an extent that is reasonable to contact the occupier;\n- (b) enter part of the premises the inspector reasonably considers members of the public are ordinarily allowed to enter to contact the occupier;\n- (c) enter that part of the premises the inspector reasonably believes clothing outwork is being, has recently been, or is about to be carried on.\n- (a) means a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be carried on; and\n- (b) includes a place of business used or occupied by an organisation or branch of an organisation.","sortOrder":1292},{"sectionNumber":"sec.911","sectionType":"section","heading":"General powers after entering workplaces","content":"### sec.911 General powers after entering workplaces\n\nThis section applies to an inspector who enters a workplace under section 910 .\nHowever, if an inspector enters a workplace to get the occupier’s consent to enter the workplace, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the inspector may do any of the following—\nsearch any part of the workplace;\ninspect, examine, photograph or film any part of the place or anything at the workplace;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the workplace;\nproduce an image or writing at the workplace from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the workplace any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part;\nremain at the place for the time necessary to achieve the purpose of the entry;\nrequire a person at the workplace to give the inspector reasonable help to exercise a power mentioned in paragraphs (a) to (g) .\nWhen making a requirement under subsection (3) (h) , the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the inspector takes a thing containing an electronic document to another place the inspector must return the thing to the workplace as soon as practicable.\nIn this section—\ninspect , a thing, includes open the thing and examine its contents.\n(sec.911-ssec.1) This section applies to an inspector who enters a workplace under section 910 .\n(sec.911-ssec.2) However, if an inspector enters a workplace to get the occupier’s consent to enter the workplace, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\n(sec.911-ssec.3) For monitoring or enforcing compliance with this Act, the inspector may do any of the following— search any part of the workplace; inspect, examine, photograph or film any part of the place or anything at the workplace; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the workplace; produce an image or writing at the workplace from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the workplace any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part; remain at the place for the time necessary to achieve the purpose of the entry; require a person at the workplace to give the inspector reasonable help to exercise a power mentioned in paragraphs (a) to (g) .\n(sec.911-ssec.4) When making a requirement under subsection (3) (h) , the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.911-ssec.5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.911-ssec.6) If the inspector takes a thing containing an electronic document to another place the inspector must return the thing to the workplace as soon as practicable.\n(sec.911-ssec.7) In this section— inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the workplace;\n- (b) inspect, examine, photograph or film any part of the place or anything at the workplace;\n- (c) place an identifying mark in or on anything at the place;\n- (d) take an extract from, or copy, a document at the workplace;\n- (e) produce an image or writing at the workplace from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (f) take to, into or onto the workplace any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part;\n- (g) remain at the place for the time necessary to achieve the purpose of the entry;\n- (h) require a person at the workplace to give the inspector reasonable help to exercise a power mentioned in paragraphs (a) to (g) .","sortOrder":1293},{"sectionNumber":"sec.912","sectionType":"section","heading":"Power to require documents to be produced","content":"### sec.912 Power to require documents to be produced\n\nAn inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act; or\na document relating to an employee, including, for example, a time sheet or pay sheet; or\na document relating to a matter under chapter 12 .\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nFor an electronic document, compliance with the requirement requires the making available or production of a clear written reproduction of the electronic document.\nThe inspector may keep the document to copy it.\nIf the inspector copies it, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document.\nThe person must comply with a requirement under subsection (5) unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nThe inspector must return the document to the person as soon as practicable after copying it.\nHowever, if the inspector requires a person to certify the copy of the document under subsection (4) , the inspector may keep the document until the person complies with the requirement.\nTo remove any doubt, it is declared that the powers of an inspector under this section—\nare additional to the powers under section 344 ; and\ndo not limit, and are not limited by, any other powers of an inspector under this Act.\n(sec.912-ssec.1) An inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector— a document issued to the person under this Act; or a document required to be kept by the person under this Act; or a document relating to an employee, including, for example, a time sheet or pay sheet; or a document relating to a matter under chapter 12 .\n(sec.912-ssec.2) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.912-ssec.3) For an electronic document, compliance with the requirement requires the making available or production of a clear written reproduction of the electronic document.\n(sec.912-ssec.4) The inspector may keep the document to copy it.\n(sec.912-ssec.5) If the inspector copies it, the inspector may require the person responsible for keeping the document to certify the copy as a true copy of the document.\n(sec.912-ssec.6) The person must comply with a requirement under subsection (5) unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.912-ssec.7) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.912-ssec.8) However, if the inspector requires a person to certify the copy of the document under subsection (4) , the inspector may keep the document until the person complies with the requirement.\n(sec.912-ssec.9) To remove any doubt, it is declared that the powers of an inspector under this section— are additional to the powers under section 344 ; and do not limit, and are not limited by, any other powers of an inspector under this Act.\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act; or\n- (c) a document relating to an employee, including, for example, a time sheet or pay sheet; or\n- (d) a document relating to a matter under chapter 12 .\n- (a) are additional to the powers under section 344 ; and\n- (b) do not limit, and are not limited by, any other powers of an inspector under this Act.","sortOrder":1294},{"sectionNumber":"sec.913","sectionType":"section","heading":"Power to require information","content":"### sec.913 Power to require information\n\nThis section applies if an inspector reasonably believes—\nany of the following—\nthis Act is not being complied with;\nan industrial instrument, permit or order is not being, or will not be, complied with; or\nan industrial instrument, permit or order should be given operation in relation to a calling; and\nany of the following persons may be able to give information about a matter mentioned in paragraph (a) —\nan employer in a calling;\na person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;\nan officer of an organisation or a branch of an organisation.\nAn inspector may, during business hours, require the person to answer questions about the matter.\nThe power to question a person includes the power to question the person in private.\nWhen making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\nThe relevant person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\n(sec.913-ssec.1) This section applies if an inspector reasonably believes— any of the following— this Act is not being complied with; an industrial instrument, permit or order is not being, or will not be, complied with; or an industrial instrument, permit or order should be given operation in relation to a calling; and any of the following persons may be able to give information about a matter mentioned in paragraph (a) — an employer in a calling; a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on; an officer of an organisation or a branch of an organisation.\n(sec.913-ssec.2) An inspector may, during business hours, require the person to answer questions about the matter.\n(sec.913-ssec.3) The power to question a person includes the power to question the person in private.\n(sec.913-ssec.4) When making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\n(sec.913-ssec.5) The relevant person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.913-ssec.6) It is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\n- (a) any of the following— (i) this Act is not being complied with; (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and\n- (i) this Act is not being complied with;\n- (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or\n- (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and\n- (b) any of the following persons may be able to give information about a matter mentioned in paragraph (a) — (i) an employer in a calling; (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on; (iii) an officer of an organisation or a branch of an organisation.\n- (i) an employer in a calling;\n- (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;\n- (iii) an officer of an organisation or a branch of an organisation.\n- (i) this Act is not being complied with;\n- (ii) an industrial instrument, permit or order is not being, or will not be, complied with; or\n- (iii) an industrial instrument, permit or order should be given operation in relation to a calling; and\n- (i) an employer in a calling;\n- (ii) a person found in or on a place in or on which the inspector reasonably suspects a calling is, has been, or is about to be, carried on;\n- (iii) an officer of an organisation or a branch of an organisation.","sortOrder":1295},{"sectionNumber":"sec.914","sectionType":"section","heading":"Power to require name and address","content":"### sec.914 Power to require name and address\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nThe inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\nThe inspector may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.\nA person must comply with a requirement made to the person under subsection (2) or (3) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person may not be convicted of an offence under subsection (6) unless the person is found guilty of the offence in relation to which the requirement was made.\n(sec.914-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n(sec.914-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.914-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.914-ssec.4) When making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\n(sec.914-ssec.5) The inspector may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.\n(sec.914-ssec.6) A person must comply with a requirement made to the person under subsection (2) or (3) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.914-ssec.7) A person may not be convicted of an offence under subsection (6) unless the person is found guilty of the offence in relation to which the requirement was made.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":1296},{"sectionNumber":"ch.13-pt.6","sectionType":"part","heading":"Powers to claim and deal with unpaid amounts","content":"# Powers to claim and deal with unpaid amounts","sortOrder":1297},{"sectionNumber":"sec.915","sectionType":"section","heading":"Paying employee’s wages etc. to inspector","content":"### sec.915 Paying employee’s wages etc. to inspector\n\nAn inspector may, by written demand, require an employer, within a stated time, to—\npay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and\nfor an eligible employee, pay to a complying superannuation fund—\nthe unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and\nan amount based on the return that would have accrued had the contribution been properly paid to the fund.\nThe employer must comply with the demand.\nMaximum penalty—40 penalty units.\nIf an amount mentioned in subsection (1) (b) is not paid into a complying superannuation fund within the time stated in the written demand, the amount must be paid to the inspector.\nHowever, the employer need not comply with the written demand to the extent it relates to unpaid wages for which an order for recovery could not be made on an application under section 379 .\nIn proceedings for an offence against subsection (2) , the magistrate may order the employer to pay the employee the amount the magistrate finds, on the balance of probabilities, is payable to the employee—\nin addition to the penalty the magistrate may impose; and\nwhether or not the magistrate finds the employer guilty.\nIf the magistrate finds an employer guilty of an offence against subsection (2) for failing to comply with subsection (1) (b) , the magistrate may make, in relation to the employer, an order that a magistrate may make on an application made under section 396 .\nIf an order is made, section 396 applies to it.\nIn this section—\nemployee includes a former employee.\n(sec.915-ssec.1) An inspector may, by written demand, require an employer, within a stated time, to— pay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and for an eligible employee, pay to a complying superannuation fund— the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and an amount based on the return that would have accrued had the contribution been properly paid to the fund.\n(sec.915-ssec.2) The employer must comply with the demand. Maximum penalty—40 penalty units.\n(sec.915-ssec.3) If an amount mentioned in subsection (1) (b) is not paid into a complying superannuation fund within the time stated in the written demand, the amount must be paid to the inspector.\n(sec.915-ssec.4) However, the employer need not comply with the written demand to the extent it relates to unpaid wages for which an order for recovery could not be made on an application under section 379 .\n(sec.915-ssec.5) In proceedings for an offence against subsection (2) , the magistrate may order the employer to pay the employee the amount the magistrate finds, on the balance of probabilities, is payable to the employee— in addition to the penalty the magistrate may impose; and whether or not the magistrate finds the employer guilty.\n(sec.915-ssec.6) If the magistrate finds an employer guilty of an offence against subsection (2) for failing to comply with subsection (1) (b) , the magistrate may make, in relation to the employer, an order that a magistrate may make on an application made under section 396 .\n(sec.915-ssec.7) If an order is made, section 396 applies to it.\n(sec.915-ssec.8) In this section— employee includes a former employee.\n- (a) pay to the inspector an employee’s unpaid wages, including an unpaid tool allowance required to be paid under an order made under section 137 ; and\n- (b) for an eligible employee, pay to a complying superannuation fund— (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund.\n- (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and\n- (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund.\n- (i) the unpaid contributions payable under a relevant industrial instrument for the employee by the employer; and\n- (ii) an amount based on the return that would have accrued had the contribution been properly paid to the fund.\n- (a) in addition to the penalty the magistrate may impose; and\n- (b) whether or not the magistrate finds the employer guilty.","sortOrder":1298},{"sectionNumber":"sec.916","sectionType":"section","heading":"Inspector’s obligation for amounts paid on demand","content":"### sec.916 Inspector’s obligation for amounts paid on demand\n\nAn inspector who is paid an amount mentioned in section 915 (3) must immediately give the payer a receipt for the amount.\nThe receipt is a full discharge to the employer complying with the demand under section 915 (2) for the amount stated in the receipt.\nThe inspector must pay the amount to—\nfor a superannuation contribution—\nif the employee is employed by the employer—the approved superannuation fund; or\nif the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or\notherwise—the employee.\nFor subsection (3) (a) (ii) , the entities are—\nthe approved superannuation fund for the employer; or\na complying superannuation fund; or\na superannuation fund nominated by the employee; or\nan eligible rollover fund; or\nif the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\nIf the inspector has not complied with subsection (3) for the amount within 30 days after receiving it, the inspector must pay the amount immediately to the department.\nThe department must pay the amount to an entity in the same way the inspector is required under subsection (3) .\nHowever, the department must pay the amount into the unclaimed moneys fund if—\nthe department can not locate the employee after making reasonable inquiries; or\nthe employee has not complied with a request by an inspector to nominate a superannuation fund for subsection (3) .\nIn this section—\nemployee includes a former employee.\nsuperannuation contribution means—\nan employer’s contribution to an approved superannuation fund to the credit of an eligible employee, which is unpaid; or\nan amount mentioned in section 915 (1) (b) (ii) .\n(sec.916-ssec.1) An inspector who is paid an amount mentioned in section 915 (3) must immediately give the payer a receipt for the amount.\n(sec.916-ssec.2) The receipt is a full discharge to the employer complying with the demand under section 915 (2) for the amount stated in the receipt.\n(sec.916-ssec.3) The inspector must pay the amount to— for a superannuation contribution— if the employee is employed by the employer—the approved superannuation fund; or if the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or otherwise—the employee.\n(sec.916-ssec.4) For subsection (3) (a) (ii) , the entities are— the approved superannuation fund for the employer; or a complying superannuation fund; or a superannuation fund nominated by the employee; or an eligible rollover fund; or if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n(sec.916-ssec.5) If the inspector has not complied with subsection (3) for the amount within 30 days after receiving it, the inspector must pay the amount immediately to the department.\n(sec.916-ssec.6) The department must pay the amount to an entity in the same way the inspector is required under subsection (3) .\n(sec.916-ssec.7) However, the department must pay the amount into the unclaimed moneys fund if— the department can not locate the employee after making reasonable inquiries; or the employee has not complied with a request by an inspector to nominate a superannuation fund for subsection (3) .\n(sec.916-ssec.8) In this section— employee includes a former employee. superannuation contribution means— an employer’s contribution to an approved superannuation fund to the credit of an eligible employee, which is unpaid; or an amount mentioned in section 915 (1) (b) (ii) .\n- (a) for a superannuation contribution— (i) if the employee is employed by the employer—the approved superannuation fund; or (ii) if the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or\n- (i) if the employee is employed by the employer—the approved superannuation fund; or\n- (ii) if the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or\n- (b) otherwise—the employee.\n- (i) if the employee is employed by the employer—the approved superannuation fund; or\n- (ii) if the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or\n- (a) the approved superannuation fund for the employer; or\n- (b) a complying superannuation fund; or\n- (c) a superannuation fund nominated by the employee; or\n- (d) an eligible rollover fund; or\n- (e) if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.\n- (a) the department can not locate the employee after making reasonable inquiries; or\n- (b) the employee has not complied with a request by an inspector to nominate a superannuation fund for subsection (3) .\n- (a) an employer’s contribution to an approved superannuation fund to the credit of an eligible employee, which is unpaid; or\n- (b) an amount mentioned in section 915 (1) (b) (ii) .","sortOrder":1299},{"sectionNumber":"ch.13-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1300},{"sectionNumber":"sec.917","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.917 Obstructing inspectors\n\nA person must not obstruct an inspector exercising a power, or a person helping an inspector exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an inspector, or a person helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.917-ssec.1) A person must not obstruct an inspector exercising a power, or a person helping an inspector exercising a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.917-ssec.2) If a person has obstructed an inspector, or a person helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.917-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":1301},{"sectionNumber":"sec.918","sectionType":"section","heading":"Impersonating inspectors","content":"### sec.918 Impersonating inspectors\n\nA person must not pretend to be an inspector.\nMaximum penalty—40 penalty units.","sortOrder":1302},{"sectionNumber":"sec.919","sectionType":"section","heading":"Validity of inspector’s conduct despite administrative contravention","content":"### sec.919 Validity of inspector’s conduct despite administrative contravention\n\nThe failure of an inspector to comply with section 905 or 910 —\ndoes not affect the lawfulness or effect of an act done or omission made by the inspector for this Act; but\nmakes the inspector liable to disciplinary action.\n- (a) does not affect the lawfulness or effect of an act done or omission made by the inspector for this Act; but\n- (b) makes the inspector liable to disciplinary action.","sortOrder":1303},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":1304},{"sectionNumber":"sec.941","sectionType":"section","heading":"Application of particular provisions subject to rulings etc.","content":"### sec.941 Application of particular provisions subject to rulings etc.\n\nThis section applies to—\na public service employee who is subject to a directive under the Public Sector Act 2022 providing for the same matter as the excluded provision; or\na staff member under the Ministerial and Other Office Holder Staff Act 2010 who is subject to a directive under that Act providing for the same matter as the excluded provision.\nThe directive applies to the public service employee or staff member instead of the excluded provision.\nIn this section—\nexcluded provision means section 339 (1) (c) (iii) .\ns 941 amd 2022 No. 34 s 365 sch 3\n(sec.941-ssec.1) This section applies to— a public service employee who is subject to a directive under the Public Sector Act 2022 providing for the same matter as the excluded provision; or a staff member under the Ministerial and Other Office Holder Staff Act 2010 who is subject to a directive under that Act providing for the same matter as the excluded provision.\n(sec.941-ssec.2) The directive applies to the public service employee or staff member instead of the excluded provision.\n(sec.941-ssec.3) In this section— excluded provision means section 339 (1) (c) (iii) .\n- (a) a public service employee who is subject to a directive under the Public Sector Act 2022 providing for the same matter as the excluded provision; or\n- (b) a staff member under the Ministerial and Other Office Holder Staff Act 2010 who is subject to a directive under that Act providing for the same matter as the excluded provision.","sortOrder":1305},{"sectionNumber":"sec.942","sectionType":"section","heading":"Protection of public property and officers","content":"### sec.942 Protection of public property and officers\n\nExecution or attachment can not be made against property or revenues of the State or a department to enforce—\nan industrial instrument; or\na decision of the court, the commission or a magistrate.\nA person who is a State employer is not personally liable under a relevant industrial instrument or for a contravention of a relevant industrial instrument.\nIn this section—\nexecution or attachment includes process in the nature of execution or attachment.\nState employer means a person who is—\nan employer of employees in a department; or\ntaken to be an employer of employees in a department for this Act.\n(sec.942-ssec.1) Execution or attachment can not be made against property or revenues of the State or a department to enforce— an industrial instrument; or a decision of the court, the commission or a magistrate.\n(sec.942-ssec.2) A person who is a State employer is not personally liable under a relevant industrial instrument or for a contravention of a relevant industrial instrument.\n(sec.942-ssec.3) In this section— execution or attachment includes process in the nature of execution or attachment. State employer means a person who is— an employer of employees in a department; or taken to be an employer of employees in a department for this Act.\n- (a) an industrial instrument; or\n- (b) a decision of the court, the commission or a magistrate.\n- (a) an employer of employees in a department; or\n- (b) taken to be an employer of employees in a department for this Act.","sortOrder":1306},{"sectionNumber":"sec.943","sectionType":"section","heading":"References to State do not include related State entities","content":"### sec.943 References to State do not include related State entities\n\nThis Act binds a related State entity as it binds an employer other than the State.\nA reference to the State in section 942 does not include a reference to a related State entity.\nIn this section—\nrelated State entity means an instrumentality or body, other than a public sector unit, that is taken by an Act, or otherwise under law—\nto be, or to represent, the State; or\nto have the rights, privileges or immunities of the State.\ns 943 amd 2022 No. 34 s 365 sch 3\n(sec.943-ssec.1) This Act binds a related State entity as it binds an employer other than the State.\n(sec.943-ssec.2) A reference to the State in section 942 does not include a reference to a related State entity.\n(sec.943-ssec.3) In this section— related State entity means an instrumentality or body, other than a public sector unit, that is taken by an Act, or otherwise under law— to be, or to represent, the State; or to have the rights, privileges or immunities of the State.\n- (a) to be, or to represent, the State; or\n- (b) to have the rights, privileges or immunities of the State.","sortOrder":1307},{"sectionNumber":"sec.944","sectionType":"section","heading":"Representation of public sector units","content":"### sec.944 Representation of public sector units\n\nA public sector unit, or a person in a public sector unit, who is concerned as an employer in an industrial cause must be represented in an industrial tribunal by—\nthe unit’s chief executive; or\nan officer or employee of the unit authorised by the chief executive.\nThis section does not limit another provision of this Act that allows the unit or person to be represented by a lawyer or agent.\nIn this section—\nindustrial tribunal means the court, commission or Industrial Magistrates Court.\n(sec.944-ssec.1) A public sector unit, or a person in a public sector unit, who is concerned as an employer in an industrial cause must be represented in an industrial tribunal by— the unit’s chief executive; or an officer or employee of the unit authorised by the chief executive.\n(sec.944-ssec.2) This section does not limit another provision of this Act that allows the unit or person to be represented by a lawyer or agent.\n(sec.944-ssec.3) In this section— industrial tribunal means the court, commission or Industrial Magistrates Court.\n- (a) the unit’s chief executive; or\n- (b) an officer or employee of the unit authorised by the chief executive.","sortOrder":1308},{"sectionNumber":"sec.945","sectionType":"section","heading":"Industrial cause affecting diverse employees","content":"### sec.945 Industrial cause affecting diverse employees\n\nSubsection (2) applies if the Minister decides an industrial cause affects, or is likely to affect, employees in more than 1 public sector unit.\nThe chief executive of the department is taken to be—\nthe employer of all employees who are, or are likely to be, affected; and\na party to the cause and to proceedings in the court, the commission or an Industrial Magistrates Court in the cause.\nAny other person who would, apart from subsection (2) , be employers of all or any of the employees is taken not to be an employer of the employees.\nAn agreement made by the chief executive as employer, or order made in proceedings to which the chief executive is a party, binds all persons, and their employees, to whom the agreement or order purports to apply.\n(sec.945-ssec.1) Subsection (2) applies if the Minister decides an industrial cause affects, or is likely to affect, employees in more than 1 public sector unit.\n(sec.945-ssec.2) The chief executive of the department is taken to be— the employer of all employees who are, or are likely to be, affected; and a party to the cause and to proceedings in the court, the commission or an Industrial Magistrates Court in the cause.\n(sec.945-ssec.3) Any other person who would, apart from subsection (2) , be employers of all or any of the employees is taken not to be an employer of the employees.\n(sec.945-ssec.4) An agreement made by the chief executive as employer, or order made in proceedings to which the chief executive is a party, binds all persons, and their employees, to whom the agreement or order purports to apply.\n- (a) the employer of all employees who are, or are likely to be, affected; and\n- (b) a party to the cause and to proceedings in the court, the commission or an Industrial Magistrates Court in the cause.","sortOrder":1309},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Prescribed Hospital and Health Services and employees","content":"# Prescribed Hospital and Health Services and employees","sortOrder":1310},{"sectionNumber":"sec.946","sectionType":"section","heading":"How Act applies to prescribed Services and their employees","content":"### sec.946 How Act applies to prescribed Services and their employees\n\nSchedule 4 states the way this Act is modified for prescribed Services under the Hospital and Health Boards Act 2011 and their employees.\nThe Hospital and Health Boards Act 2011 provides for the establishment of Hospital and Health Services, and for particular Hospital and Health Services to become prescribed Services.","sortOrder":1311},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":1312},{"sectionNumber":"sec.947","sectionType":"section","heading":null,"content":"### Section sec.947\n\ns 947 om 2022 No. 27 s 59","sortOrder":1313},{"sectionNumber":"sec.948","sectionType":"section","heading":null,"content":"### Section sec.948\n\ns 948 om 2022 No. 27 s 59","sortOrder":1314},{"sectionNumber":"sec.949","sectionType":"section","heading":null,"content":"### Section sec.949\n\ns 949 om 2022 No. 27 s 59","sortOrder":1315},{"sectionNumber":"sec.950","sectionType":"section","heading":null,"content":"### Section sec.950\n\ns 950 om 2022 No. 27 s 59","sortOrder":1316},{"sectionNumber":"sec.951","sectionType":"section","heading":null,"content":"### Section sec.951\n\ns 951 om 2022 No. 27 s 59","sortOrder":1317},{"sectionNumber":"sec.952","sectionType":"section","heading":null,"content":"### Section sec.952\n\ns 952 om 2022 No. 27 s 59","sortOrder":1318},{"sectionNumber":"ch.15A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":1319},{"sectionNumber":"sec.952A","sectionType":"section","heading":null,"content":"### Section sec.952A\n\ns 952A ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1320},{"sectionNumber":"sec.952B","sectionType":"section","heading":null,"content":"### Section sec.952B\n\ns 952B ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1321},{"sectionNumber":"sec.952C","sectionType":"section","heading":null,"content":"### Section sec.952C\n\ns 952C ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1322},{"sectionNumber":"ch.15A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1323},{"sectionNumber":"sec.952D","sectionType":"section","heading":null,"content":"### Section sec.952D\n\ns 952D ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1324},{"sectionNumber":"sec.952E","sectionType":"section","heading":null,"content":"### Section sec.952E\n\ns 952E ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1325},{"sectionNumber":"sec.952F","sectionType":"section","heading":null,"content":"### Section sec.952F\n\ns 952F ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1326},{"sectionNumber":"sec.952G","sectionType":"section","heading":null,"content":"### Section sec.952G\n\ns 952G ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1327},{"sectionNumber":"ch.15A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":1328},{"sectionNumber":"sec.952H","sectionType":"section","heading":null,"content":"### Section sec.952H\n\ns 952H ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1329},{"sectionNumber":"sec.952I","sectionType":"section","heading":null,"content":"### Section sec.952I\n\ns 952I ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1330},{"sectionNumber":"ch.15A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":1331},{"sectionNumber":"ch.15A-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1332},{"sectionNumber":"sec.952J","sectionType":"section","heading":null,"content":"### Section sec.952J\n\ns 952J ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1333},{"sectionNumber":"ch.15A-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1334},{"sectionNumber":"sec.952K","sectionType":"section","heading":null,"content":"### Section sec.952K\n\ns 952K ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1335},{"sectionNumber":"sec.952L","sectionType":"section","heading":null,"content":"### Section sec.952L\n\ns 952L ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1336},{"sectionNumber":"ch.15A-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1337},{"sectionNumber":"sec.952M","sectionType":"section","heading":null,"content":"### Section sec.952M\n\ns 952M ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1338},{"sectionNumber":"sec.952N","sectionType":"section","heading":null,"content":"### Section sec.952N\n\ns 952N ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1339},{"sectionNumber":"ch.15A-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1340},{"sectionNumber":"sec.952O","sectionType":"section","heading":null,"content":"### Section sec.952O\n\ns 952O ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1341},{"sectionNumber":"ch.15A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":1342},{"sectionNumber":"ch.15A-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1343},{"sectionNumber":"sec.952P","sectionType":"section","heading":null,"content":"### Section sec.952P\n\ns 952P ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1344},{"sectionNumber":"sec.952Q","sectionType":"section","heading":null,"content":"### Section sec.952Q\n\ns 952Q ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1345},{"sectionNumber":"ch.15A-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1346},{"sectionNumber":"sec.952R","sectionType":"section","heading":null,"content":"### Section sec.952R\n\ns 952R ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1347},{"sectionNumber":"sec.952S","sectionType":"section","heading":null,"content":"### Section sec.952S\n\ns 952S ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1348},{"sectionNumber":"ch.15A-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1349},{"sectionNumber":"sec.952T","sectionType":"section","heading":null,"content":"### Section sec.952T\n\ns 952T ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1350},{"sectionNumber":"sec.952U","sectionType":"section","heading":null,"content":"### Section sec.952U\n\ns 952U ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1351},{"sectionNumber":"sec.952V","sectionType":"section","heading":null,"content":"### Section sec.952V\n\ns 952V ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1352},{"sectionNumber":"sec.952W","sectionType":"section","heading":null,"content":"### Section sec.952W\n\ns 952W ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1353},{"sectionNumber":"sec.952X","sectionType":"section","heading":null,"content":"### Section sec.952X\n\ns 952X ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1354},{"sectionNumber":"sec.952Y","sectionType":"section","heading":null,"content":"### Section sec.952Y\n\ns 952Y ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1355},{"sectionNumber":"ch.15A-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1356},{"sectionNumber":"sec.952Z","sectionType":"section","heading":null,"content":"### Section sec.952Z\n\ns 952Z ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1357},{"sectionNumber":"sec.952ZA","sectionType":"section","heading":null,"content":"### Section sec.952ZA\n\ns 952ZA ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1358},{"sectionNumber":"sec.952ZB","sectionType":"section","heading":null,"content":"### Section sec.952ZB\n\ns 952ZB ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1359},{"sectionNumber":"ch.15A-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":1360},{"sectionNumber":"sec.952ZC","sectionType":"section","heading":null,"content":"### Section sec.952ZC\n\ns 952ZC ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1361},{"sectionNumber":"sec.952ZD","sectionType":"section","heading":null,"content":"### Section sec.952ZD\n\ns 952ZD ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1362},{"sectionNumber":"sec.952ZE","sectionType":"section","heading":null,"content":"### Section sec.952ZE\n\ns 952ZE ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1363},{"sectionNumber":"sec.952ZF","sectionType":"section","heading":null,"content":"### Section sec.952ZF\n\ns 952ZF ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1364},{"sectionNumber":"ch.15A-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":1365},{"sectionNumber":"sec.952ZG","sectionType":"section","heading":null,"content":"### Section sec.952ZG\n\ns 952ZG ins 2020 No. 19 s 136\nexp 30 September 2020 (see s 952ZG)","sortOrder":1366},{"sectionNumber":"ch.16-pt.1","sectionType":"part","heading":"Declarations","content":"# Declarations","sortOrder":1367},{"sectionNumber":"sec.953","sectionType":"section","heading":"Employers declared not to be national system employers","content":"### sec.953 Employers declared not to be national system employers\n\nThis part applies for the purposes of the Commonwealth Fair Work Act , section 14 (2) .","sortOrder":1368},{"sectionNumber":"sec.954","sectionType":"section","heading":"Brisbane City Council","content":"### sec.954 Brisbane City Council\n\nThe Brisbane City Council is declared not to be a national system employer for the purposes of the Commonwealth Fair Work Act .","sortOrder":1369},{"sectionNumber":"sec.955","sectionType":"section","heading":"Declaration of other employers by regulation","content":"### sec.955 Declaration of other employers by regulation\n\nThis section applies to an employer that, under the Commonwealth Fair Work Act , section 14 (2) , may be declared by or under a law of the State not to be a national system employer.\nA regulation may declare the employer not to be a national system employer for the purposes of the Commonwealth Fair Work Act .\nA regulation may revoke a declaration made under subsection (2) .\n(sec.955-ssec.1) This section applies to an employer that, under the Commonwealth Fair Work Act , section 14 (2) , may be declared by or under a law of the State not to be a national system employer.\n(sec.955-ssec.2) A regulation may declare the employer not to be a national system employer for the purposes of the Commonwealth Fair Work Act .\n(sec.955-ssec.3) A regulation may revoke a declaration made under subsection (2) .","sortOrder":1370},{"sectionNumber":"sec.956","sectionType":"section","heading":"Relevant day","content":"### sec.956 Relevant day\n\nThe Minister may, by gazette notice, fix a relevant day for the purposes of the declaration made by section 954 or a declaration made under section 955 (2) .\nUnder the Commonwealth Fair Work Act , section 14 (2) , an endorsement under the section by the Minister under the Commonwealth Fair Work Act must be in force before a particular employer is not a national system employer as specified by the declaration. The fixing of a relevant day allows the timing of this endorsement to be taken into account for the purpose of applying the provisions of part 2 .","sortOrder":1371},{"sectionNumber":"ch.16-pt.2","sectionType":"part","heading":"Change from federal to State system","content":"# Change from federal to State system","sortOrder":1372},{"sectionNumber":"sec.957","sectionType":"section","heading":"Definitions for part","content":"### sec.957 Definitions for part\n\nIn this part—\ndeclared employee means a person employed by a declared employer.\ndeclared employer means an employer declared not to be a national system employer under section 955 (2) .\nfederal industrial authority means—\nthe Australian Industrial Relations Commission under the repealed Workplace Relations Act 1996 (Cwlth) ; or\nFWC.\nnational fair work legislation means—\nthe Commonwealth Fair Work Act ; or\nthe Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .\nnew State instrument , for a particular employer, means the industrial instrument taken to exist on the relevant day under section 960 in relation to the employees of the employer.\nold federal instrument , for a particular employer, means the federal industrial instrument mentioned in section 960 as applying to or purporting to apply to the employees of the employer immediately before the relevant day.\nrelevant day means—\nfor the Brisbane City Council and employees of the Brisbane City Council—the day fixed under section 956 for the declaration under section 954 ; or\nfor a declared employer and employees of the declared employer—the day fixed under section 956 for the declaration under section 955 (2) that the employer is not to be a national system employer.\nterms includes conditions, restrictions and other provisions.\n- (a) the Australian Industrial Relations Commission under the repealed Workplace Relations Act 1996 (Cwlth) ; or\n- (b) FWC.\n- (a) the Commonwealth Fair Work Act ; or\n- (b) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) .\n- (a) for the Brisbane City Council and employees of the Brisbane City Council—the day fixed under section 956 for the declaration under section 954 ; or\n- (b) for a declared employer and employees of the declared employer—the day fixed under section 956 for the declaration under section 955 (2) that the employer is not to be a national system employer.","sortOrder":1373},{"sectionNumber":"sec.958","sectionType":"section","heading":"Brisbane City Council","content":"### sec.958 Brisbane City Council\n\nThis section applies to employees of the Brisbane City Council to whom the BCC federal agreement relates immediately before the relevant day.\nFrom the relevant day, the Brisbane City Council Transitional Enterprise Bargaining Certified Agreement 2009 is taken to apply to Brisbane City Council, its employees and any employee organisation that is a party to the agreement.\nIn this section—\nBCC federal agreement means the Brisbane City Council Transitional Enterprise Bargaining Certified Agreement 6 Extension 11 under the Commonwealth Fair Work Act .\n(sec.958-ssec.1) This section applies to employees of the Brisbane City Council to whom the BCC federal agreement relates immediately before the relevant day.\n(sec.958-ssec.2) From the relevant day, the Brisbane City Council Transitional Enterprise Bargaining Certified Agreement 2009 is taken to apply to Brisbane City Council, its employees and any employee organisation that is a party to the agreement.\n(sec.958-ssec.3) In this section— BCC federal agreement means the Brisbane City Council Transitional Enterprise Bargaining Certified Agreement 6 Extension 11 under the Commonwealth Fair Work Act .","sortOrder":1374},{"sectionNumber":"sec.959","sectionType":"section","heading":"Declared employers—operation of existing industrial instrument","content":"### sec.959 Declared employers—operation of existing industrial instrument\n\nA regulation may provide that, from the relevant day, an existing industrial instrument applies to employees of a particular declared employer.\nIf a regulation is made under subsection (1) , from the relevant day the industrial instrument applies to—\nthe declared employer; and\nthe declared employees; and\nan organisation that is a party to the instrument.\nA regulation may declare the industrial instrument, or any matter relating to the industrial instrument, to be valid for the purposes of the operation of this section.\n(sec.959-ssec.1) A regulation may provide that, from the relevant day, an existing industrial instrument applies to employees of a particular declared employer.\n(sec.959-ssec.2) If a regulation is made under subsection (1) , from the relevant day the industrial instrument applies to— the declared employer; and the declared employees; and an organisation that is a party to the instrument.\n(sec.959-ssec.3) A regulation may declare the industrial instrument, or any matter relating to the industrial instrument, to be valid for the purposes of the operation of this section.\n- (a) the declared employer; and\n- (b) the declared employees; and\n- (c) an organisation that is a party to the instrument.","sortOrder":1375},{"sectionNumber":"sec.960","sectionType":"section","heading":"Declared employers—new State instruments","content":"### sec.960 Declared employers—new State instruments\n\nThis section applies—\nto the extent sections 954 and 955 do not provide for declared employees of particular declared employers; and\nif, immediately before the relevant day, a federal industrial instrument applies to or purports to apply to the declared employees.\nOn the relevant day, an industrial instrument applies to the declared employer and declared employees is taken to exist under this Act.\nIf a new State instrument is taken to exist because of subsection (2) —\nthe instrument is taken to be a certified agreement; and\nthe instrument is taken to have been certified under this Act on the relevant day; and\nsubject to this section, the instrument is taken to have the same terms as the old federal instrument including those terms as added to or modified by—\nterms of a federal award incorporated into the old federal instrument; or\norders of a federal industrial authority; or\nanother instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and\nthis Act applies in relation to the instrument subject to any modifications or exclusions prescribed by regulation for this subsection; and\nthe commission may, on an application under subsection (4) (a) , amend or revoke any term of the instrument if the commission is satisfied it is fair and reasonable to do so in the circumstances.\nAn amendment or revocation of a term of a new State instrument under subsection (3) (e) —\nmay be made on application by the Minister, a declared employer, a declared employee or an organisation; and\nmay, to achieve the final effect of an amendment, be provided to take effect—\nimmediately; or\nprogressively, in specified stages.\nDespite subsections (1) to (4) , a new State instrument applies subject to chapter 2 .\nA new State instrument is taken to have a nominal expiry date that is the earlier of the following—\na day that is 2 years from the relevant day;\nthe day that, immediately before the relevant day, was the expiry day of the old federal instrument.\n(sec.960-ssec.1) This section applies— to the extent sections 954 and 955 do not provide for declared employees of particular declared employers; and if, immediately before the relevant day, a federal industrial instrument applies to or purports to apply to the declared employees.\n(sec.960-ssec.2) On the relevant day, an industrial instrument applies to the declared employer and declared employees is taken to exist under this Act.\n(sec.960-ssec.3) If a new State instrument is taken to exist because of subsection (2) — the instrument is taken to be a certified agreement; and the instrument is taken to have been certified under this Act on the relevant day; and subject to this section, the instrument is taken to have the same terms as the old federal instrument including those terms as added to or modified by— terms of a federal award incorporated into the old federal instrument; or orders of a federal industrial authority; or another instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and this Act applies in relation to the instrument subject to any modifications or exclusions prescribed by regulation for this subsection; and the commission may, on an application under subsection (4) (a) , amend or revoke any term of the instrument if the commission is satisfied it is fair and reasonable to do so in the circumstances.\n(sec.960-ssec.4) An amendment or revocation of a term of a new State instrument under subsection (3) (e) — may be made on application by the Minister, a declared employer, a declared employee or an organisation; and may, to achieve the final effect of an amendment, be provided to take effect— immediately; or progressively, in specified stages.\n(sec.960-ssec.5) Despite subsections (1) to (4) , a new State instrument applies subject to chapter 2 .\n(sec.960-ssec.6) A new State instrument is taken to have a nominal expiry date that is the earlier of the following— a day that is 2 years from the relevant day; the day that, immediately before the relevant day, was the expiry day of the old federal instrument.\n- (a) to the extent sections 954 and 955 do not provide for declared employees of particular declared employers; and\n- (b) if, immediately before the relevant day, a federal industrial instrument applies to or purports to apply to the declared employees.\n- (a) the instrument is taken to be a certified agreement; and\n- (b) the instrument is taken to have been certified under this Act on the relevant day; and\n- (c) subject to this section, the instrument is taken to have the same terms as the old federal instrument including those terms as added to or modified by— (i) terms of a federal award incorporated into the old federal instrument; or (ii) orders of a federal industrial authority; or (iii) another instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and\n- (i) terms of a federal award incorporated into the old federal instrument; or\n- (ii) orders of a federal industrial authority; or\n- (iii) another instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and\n- (d) this Act applies in relation to the instrument subject to any modifications or exclusions prescribed by regulation for this subsection; and\n- (e) the commission may, on an application under subsection (4) (a) , amend or revoke any term of the instrument if the commission is satisfied it is fair and reasonable to do so in the circumstances.\n- (i) terms of a federal award incorporated into the old federal instrument; or\n- (ii) orders of a federal industrial authority; or\n- (iii) another instrument under the national fair work legislation or the repealed Workplace Relations Act 1996 (Cwlth) ; and\n- (a) may be made on application by the Minister, a declared employer, a declared employee or an organisation; and\n- (b) may, to achieve the final effect of an amendment, be provided to take effect— (i) immediately; or (ii) progressively, in specified stages.\n- (i) immediately; or\n- (ii) progressively, in specified stages.\n- (i) immediately; or\n- (ii) progressively, in specified stages.\n- (a) a day that is 2 years from the relevant day;\n- (b) the day that, immediately before the relevant day, was the expiry day of the old federal instrument.","sortOrder":1376},{"sectionNumber":"sec.961","sectionType":"section","heading":"Ability to carry over matters","content":"### sec.961 Ability to carry over matters\n\nThe commission may, in connection with the operation of this part, or any matter arising directly or indirectly out of the operation of this part—\naccept, recognise, adopt or rely on any step taken under, or for, the national fair work legislation; and\naccept or rely on any matter or thing (including in the nature of evidence presented for the purposes of any proceedings) that has been presented, filed or provided under, or for, the national fair work legislation; and\ngive effect in any other way to any other thing done under, or for, the national fair work legislation.\n- (a) accept, recognise, adopt or rely on any step taken under, or for, the national fair work legislation; and\n- (b) accept or rely on any matter or thing (including in the nature of evidence presented for the purposes of any proceedings) that has been presented, filed or provided under, or for, the national fair work legislation; and\n- (c) give effect in any other way to any other thing done under, or for, the national fair work legislation.","sortOrder":1377},{"sectionNumber":"sec.962","sectionType":"section","heading":"References in new State instruments to federal authority manager","content":"### sec.962 References in new State instruments to federal authority manager\n\nIf a term of a new State instrument is expressed to confer a power or function on a federal industrial authority, from the relevant day the term has effect as if it conferred the power or function instead on the commission.\nIf a term of a new State instrument is expressed to confer a power or function on the federal authority manager, from the relevant day the term has effect as if it conferred the power or function instead on the registrar.\nThis section has effect subject to—\na contrary intention in this Act; and\na regulation.\nIn this section—\nfederal authority manager means—\nthe registrar or deputy registrar of the Australian Industrial Commission under the repealed Workplace Relations Act 1996 (Cwlth) ; or\nthe General Manager under the Commonwealth Fair Work Act .\n(sec.962-ssec.1) If a term of a new State instrument is expressed to confer a power or function on a federal industrial authority, from the relevant day the term has effect as if it conferred the power or function instead on the commission.\n(sec.962-ssec.2) If a term of a new State instrument is expressed to confer a power or function on the federal authority manager, from the relevant day the term has effect as if it conferred the power or function instead on the registrar.\n(sec.962-ssec.3) This section has effect subject to— a contrary intention in this Act; and a regulation.\n(sec.962-ssec.4) In this section— federal authority manager means— the registrar or deputy registrar of the Australian Industrial Commission under the repealed Workplace Relations Act 1996 (Cwlth) ; or the General Manager under the Commonwealth Fair Work Act .\n- (a) a contrary intention in this Act; and\n- (b) a regulation.\n- (a) the registrar or deputy registrar of the Australian Industrial Commission under the repealed Workplace Relations Act 1996 (Cwlth) ; or\n- (b) the General Manager under the Commonwealth Fair Work Act .","sortOrder":1378},{"sectionNumber":"sec.963","sectionType":"section","heading":"References in new State instruments to provisions of Commonwealth laws","content":"### sec.963 References in new State instruments to provisions of Commonwealth laws\n\nIf a term of a new State instrument is expressed to refer to a provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) , from the relevant day the term is taken to refer instead to the corresponding provision of this Act.\nThis section has effect subject to—\na contrary intention in this Act; and\na regulation.\nIn this section—\ncorresponding provision of this Act , to a provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) , means—\nif paragraph (b) does not apply—a provision of this Act that is of similar effect to the provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) ; or\na provision of this Act declared by regulation to be a corresponding provision.\n(sec.963-ssec.1) If a term of a new State instrument is expressed to refer to a provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) , from the relevant day the term is taken to refer instead to the corresponding provision of this Act.\n(sec.963-ssec.2) This section has effect subject to— a contrary intention in this Act; and a regulation.\n(sec.963-ssec.3) In this section— corresponding provision of this Act , to a provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) , means— if paragraph (b) does not apply—a provision of this Act that is of similar effect to the provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) ; or a provision of this Act declared by regulation to be a corresponding provision.\n- (a) a contrary intention in this Act; and\n- (b) a regulation.\n- (a) if paragraph (b) does not apply—a provision of this Act that is of similar effect to the provision of the Commonwealth Fair Work Act or the repealed Workplace Relations Act 1996 (Cwlth) ; or\n- (b) a provision of this Act declared by regulation to be a corresponding provision.","sortOrder":1379},{"sectionNumber":"sec.964","sectionType":"section","heading":"References in new State instruments to federal organisations","content":"### sec.964 References in new State instruments to federal organisations\n\nThis section applies if a term of a new State instrument is expressed to refer to a federal organisation.\nFrom the relevant day, the term is taken to refer instead to an organisation under this Act of which the federal organisation is a counterpart federal body.\nIf the federal organisation is not a counterpart federal body of an organisation under this Act, the federal organisation is taken to be an organisation under this Act for the representation in the State system of the employees of the declared employer.\nSubsection (3) stops applying to the federal organisation when the new State instrument stops applying to the relevant declared employer.\nThis section has effect subject to—\na contrary intention in this Act; and\na regulation.\n(sec.964-ssec.1) This section applies if a term of a new State instrument is expressed to refer to a federal organisation.\n(sec.964-ssec.2) From the relevant day, the term is taken to refer instead to an organisation under this Act of which the federal organisation is a counterpart federal body.\n(sec.964-ssec.3) If the federal organisation is not a counterpart federal body of an organisation under this Act, the federal organisation is taken to be an organisation under this Act for the representation in the State system of the employees of the declared employer.\n(sec.964-ssec.4) Subsection (3) stops applying to the federal organisation when the new State instrument stops applying to the relevant declared employer.\n(sec.964-ssec.5) This section has effect subject to— a contrary intention in this Act; and a regulation.\n- (a) a contrary intention in this Act; and\n- (b) a regulation.","sortOrder":1380},{"sectionNumber":"sec.965","sectionType":"section","heading":"Counting service under old federal instrument","content":"### sec.965 Counting service under old federal instrument\n\nSubsection (2) applies for deciding the entitlements of a declared employee under a new State instrument.\nService of the declared employee with a declared employer before the relevant day that counted under the old federal instrument also counts as service of the declared employee with the declared employer under the new State instrument.\nIf, before the relevant day, the declared employee has already had the benefit of an entitlement, the amount of which was calculated by reference to a period of service, the period of service can not be counted again under subsection (2) for calculating the declared employee’s entitlements of that type under the new State instrument.\n(sec.965-ssec.1) Subsection (2) applies for deciding the entitlements of a declared employee under a new State instrument.\n(sec.965-ssec.2) Service of the declared employee with a declared employer before the relevant day that counted under the old federal instrument also counts as service of the declared employee with the declared employer under the new State instrument.\n(sec.965-ssec.3) If, before the relevant day, the declared employee has already had the benefit of an entitlement, the amount of which was calculated by reference to a period of service, the period of service can not be counted again under subsection (2) for calculating the declared employee’s entitlements of that type under the new State instrument.","sortOrder":1381},{"sectionNumber":"sec.966","sectionType":"section","heading":"Accruing entitlements—leave accrued immediately before relevant day","content":"### sec.966 Accruing entitlements—leave accrued immediately before relevant day\n\nThis section applies to the following types of leave, however described, accruing to an employee (the leave )—\nannual leave;\nsick leave, personal leave or carer’s leave;\nlong service leave.\nIf a declared employee to whom a new State instrument applies had, immediately before the relevant day, an accrued entitlement to an amount of the leave, the accrued leave is taken to have accrued under the new State instrument.\nIt does not matter whether the leave accrued under the old federal instrument, under the national fair work legislation or this Act.\nA regulation may deal with other matters relating to how a new State instrument applies to any other accrued entitlement that, immediately before the relevant day, a declared employee had under the old federal instrument or the Commonwealth Fair Work Act .\n(sec.966-ssec.1) This section applies to the following types of leave, however described, accruing to an employee (the leave )— annual leave; sick leave, personal leave or carer’s leave; long service leave.\n(sec.966-ssec.2) If a declared employee to whom a new State instrument applies had, immediately before the relevant day, an accrued entitlement to an amount of the leave, the accrued leave is taken to have accrued under the new State instrument.\n(sec.966-ssec.3) It does not matter whether the leave accrued under the old federal instrument, under the national fair work legislation or this Act.\n(sec.966-ssec.4) A regulation may deal with other matters relating to how a new State instrument applies to any other accrued entitlement that, immediately before the relevant day, a declared employee had under the old federal instrument or the Commonwealth Fair Work Act .\n- (a) annual leave;\n- (b) sick leave, personal leave or carer’s leave;\n- (c) long service leave.","sortOrder":1382},{"sectionNumber":"sec.967","sectionType":"section","heading":"Leave taken under old federal instrument","content":"### sec.967 Leave taken under old federal instrument\n\nIf a declared employee was, immediately before the relevant day, taking a period of leave under the old federal instrument or under the Commonwealth Fair Work Act , the employee is entitled to continue on that leave under the new State instrument or this Act for the remainder of the period.\nIf a declared employee has, before the relevant day, taken a step under the old federal instrument or the Commonwealth Fair Work Act that the employee is required to take so the employee can, from the relevant day, take a period of leave under the old federal instrument or the Commonwealth Fair Work Act , the employee is taken to have taken the step under the new State instrument or this Act.\nA regulation may deal with other matters relating to how a new State instrument applies to leave that, immediately before the relevant day, is being, or is to be, taken by a declared employee under the old federal instrument or the Commonwealth Fair Work Act .\n(sec.967-ssec.1) If a declared employee was, immediately before the relevant day, taking a period of leave under the old federal instrument or under the Commonwealth Fair Work Act , the employee is entitled to continue on that leave under the new State instrument or this Act for the remainder of the period.\n(sec.967-ssec.2) If a declared employee has, before the relevant day, taken a step under the old federal instrument or the Commonwealth Fair Work Act that the employee is required to take so the employee can, from the relevant day, take a period of leave under the old federal instrument or the Commonwealth Fair Work Act , the employee is taken to have taken the step under the new State instrument or this Act.\n(sec.967-ssec.3) A regulation may deal with other matters relating to how a new State instrument applies to leave that, immediately before the relevant day, is being, or is to be, taken by a declared employee under the old federal instrument or the Commonwealth Fair Work Act .","sortOrder":1383},{"sectionNumber":"ch.17-pt.1","sectionType":"part","heading":"Queensland Industrial Relations Consultative Committee","content":"# Queensland Industrial Relations Consultative Committee","sortOrder":1384},{"sectionNumber":"ch.17-pt.1-div.1","sectionType":"division","heading":"Establishment and purpose","content":"## Establishment and purpose","sortOrder":1385},{"sectionNumber":"sec.968","sectionType":"section","heading":"Establishment","content":"### sec.968 Establishment\n\nThe Queensland Industrial Relations Consultative Committee (the consultative committee ) is established.","sortOrder":1386},{"sectionNumber":"sec.969","sectionType":"section","heading":"Purpose","content":"### sec.969 Purpose\n\nThe purpose of the consultative committee is to provide a regular and organised means for representatives of the State, local government and employees, and any invited representatives, to consult together on—\nachieving the main purpose of this Act as stated in section 3 ; and\nthe legislation, policies, strategies and other instruments relating to that purpose.\nThe consultative committee’s purpose may be achieved by, for example—\nreviewing the appropriateness of, and any proposed changes to, this Act and the legislation, policies, strategies and other instruments relating to the main purpose of this Act; and\nconsidering whether proposed changes to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act have been adequately consulted on; and\nconsidering current and emerging trends in industrial relations at State, national and international levels and the relevance of those trends to industrial relations in Queensland; and\nconsidering any other matter relevant to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act.\nIn achieving its purpose, the consultative committee must have regard to the following—\nmeetings of the consultative committee are to be conducted on a non-political basis;\nthe consultative committee is not to interfere with the proper performance of the functions of the Court of Appeal, court, commission, an Industrial Magistrates Court, the registrar or an inspector;\nthe views of members expressed at meetings of the consultative committee are to be confidential, other than to the extent—\na member is required to report on the meetings to the organisation that nominated the member; or\nthe members agree the views should be the subject of a public announcement.\n(sec.969-ssec.1) The purpose of the consultative committee is to provide a regular and organised means for representatives of the State, local government and employees, and any invited representatives, to consult together on— achieving the main purpose of this Act as stated in section 3 ; and the legislation, policies, strategies and other instruments relating to that purpose.\n(sec.969-ssec.2) The consultative committee’s purpose may be achieved by, for example— reviewing the appropriateness of, and any proposed changes to, this Act and the legislation, policies, strategies and other instruments relating to the main purpose of this Act; and considering whether proposed changes to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act have been adequately consulted on; and considering current and emerging trends in industrial relations at State, national and international levels and the relevance of those trends to industrial relations in Queensland; and considering any other matter relevant to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act.\n(sec.969-ssec.3) In achieving its purpose, the consultative committee must have regard to the following— meetings of the consultative committee are to be conducted on a non-political basis; the consultative committee is not to interfere with the proper performance of the functions of the Court of Appeal, court, commission, an Industrial Magistrates Court, the registrar or an inspector; the views of members expressed at meetings of the consultative committee are to be confidential, other than to the extent— a member is required to report on the meetings to the organisation that nominated the member; or the members agree the views should be the subject of a public announcement.\n- (a) achieving the main purpose of this Act as stated in section 3 ; and\n- (b) the legislation, policies, strategies and other instruments relating to that purpose.\n- (a) reviewing the appropriateness of, and any proposed changes to, this Act and the legislation, policies, strategies and other instruments relating to the main purpose of this Act; and\n- (b) considering whether proposed changes to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act have been adequately consulted on; and\n- (c) considering current and emerging trends in industrial relations at State, national and international levels and the relevance of those trends to industrial relations in Queensland; and\n- (d) considering any other matter relevant to this Act or the legislation, policies, strategies and other instruments relating to the main purpose of this Act.\n- (a) meetings of the consultative committee are to be conducted on a non-political basis;\n- (b) the consultative committee is not to interfere with the proper performance of the functions of the Court of Appeal, court, commission, an Industrial Magistrates Court, the registrar or an inspector;\n- (c) the views of members expressed at meetings of the consultative committee are to be confidential, other than to the extent— (i) a member is required to report on the meetings to the organisation that nominated the member; or (ii) the members agree the views should be the subject of a public announcement.\n- (i) a member is required to report on the meetings to the organisation that nominated the member; or\n- (ii) the members agree the views should be the subject of a public announcement.\n- (i) a member is required to report on the meetings to the organisation that nominated the member; or\n- (ii) the members agree the views should be the subject of a public announcement.","sortOrder":1387},{"sectionNumber":"ch.17-pt.1-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":1388},{"sectionNumber":"sec.970","sectionType":"section","heading":"Membership of consultative committee","content":"### sec.970 Membership of consultative committee\n\nThe consultative committee consists of—\nthe Minister, who is the chairperson of the consultative committee; and\nthe Public Sector Commissioner; and\neither—\nthe chief executive officer of LGAQ Ltd.; or\na person nominated by the LGAQ Ltd.; and\n2 persons appointed to senior departmental offices, each of the offices having been nominated by the Minister for this section; and\n3 persons nominated by the Queensland Council of Unions; and\n1 person nominated by the Australian Workers’ Union of Employees, Queensland.\nThe Minister must appoint—\nif the LGAQ Ltd. nominates a person under subsection (1) (c) (ii) —the nominated person; and\nthe members mentioned in subsection (1) (e) and (f) ; and\n1 of the members as deputy chairperson.\nIn this section—\nsenior departmental office means the office of a chief executive of a department or senior executive of the public service under the Public Sector Act 2022 .\ns 970 amd 2022 No. 34 s 365 sch 3\n(sec.970-ssec.1) The consultative committee consists of— the Minister, who is the chairperson of the consultative committee; and the Public Sector Commissioner; and either— the chief executive officer of LGAQ Ltd.; or a person nominated by the LGAQ Ltd.; and 2 persons appointed to senior departmental offices, each of the offices having been nominated by the Minister for this section; and 3 persons nominated by the Queensland Council of Unions; and 1 person nominated by the Australian Workers’ Union of Employees, Queensland.\n(sec.970-ssec.2) The Minister must appoint— if the LGAQ Ltd. nominates a person under subsection (1) (c) (ii) —the nominated person; and the members mentioned in subsection (1) (e) and (f) ; and 1 of the members as deputy chairperson.\n(sec.970-ssec.3) In this section— senior departmental office means the office of a chief executive of a department or senior executive of the public service under the Public Sector Act 2022 .\n- (a) the Minister, who is the chairperson of the consultative committee; and\n- (b) the Public Sector Commissioner; and\n- (c) either— (i) the chief executive officer of LGAQ Ltd.; or (ii) a person nominated by the LGAQ Ltd.; and\n- (i) the chief executive officer of LGAQ Ltd.; or\n- (ii) a person nominated by the LGAQ Ltd.; and\n- (d) 2 persons appointed to senior departmental offices, each of the offices having been nominated by the Minister for this section; and\n- (e) 3 persons nominated by the Queensland Council of Unions; and\n- (f) 1 person nominated by the Australian Workers’ Union of Employees, Queensland.\n- (i) the chief executive officer of LGAQ Ltd.; or\n- (ii) a person nominated by the LGAQ Ltd.; and\n- (a) if the LGAQ Ltd. nominates a person under subsection (1) (c) (ii) —the nominated person; and\n- (b) the members mentioned in subsection (1) (e) and (f) ; and\n- (c) 1 of the members as deputy chairperson.","sortOrder":1389},{"sectionNumber":"sec.971","sectionType":"section","heading":"Resignation of members","content":"### sec.971 Resignation of members\n\nThe following members may resign by signed written notice given to the Minister—\na member nominated by the LGAQ Ltd. under section 970 (1) (c) (ii) ;\na member nominated under section 970 (1) (e) or (f) .\n- (a) a member nominated by the LGAQ Ltd. under section 970 (1) (c) (ii) ;\n- (b) a member nominated under section 970 (1) (e) or (f) .","sortOrder":1390},{"sectionNumber":"sec.972","sectionType":"section","heading":"Termination of appointment of members","content":"### sec.972 Termination of appointment of members\n\nThis section applies to a member nominated under section 970 (1) (c) (ii) , (e) or (f).\nThe Minister must terminate the appointment of the member if—\nthe organisation that nominated the member asks for the termination; or\nthe Minister is satisfied the organisation that nominated the member—\nhas ceased to exist; and\nhas not merged with or been replaced by another organisation.\n(sec.972-ssec.1) This section applies to a member nominated under section 970 (1) (c) (ii) , (e) or (f).\n(sec.972-ssec.2) The Minister must terminate the appointment of the member if— the organisation that nominated the member asks for the termination; or the Minister is satisfied the organisation that nominated the member— has ceased to exist; and has not merged with or been replaced by another organisation.\n- (a) the organisation that nominated the member asks for the termination; or\n- (b) the Minister is satisfied the organisation that nominated the member— (i) has ceased to exist; and (ii) has not merged with or been replaced by another organisation.\n- (i) has ceased to exist; and\n- (ii) has not merged with or been replaced by another organisation.\n- (i) has ceased to exist; and\n- (ii) has not merged with or been replaced by another organisation.","sortOrder":1391},{"sectionNumber":"sec.973","sectionType":"section","heading":"Substitute members","content":"### sec.973 Substitute members\n\nA member mentioned in section 970 (1) (a) , (b) , (c) (i) or (d) may nominate a person to attend a meeting of the consultative committee in the member’s place.\nAn organisation that nominates a member under section 970 (1) (c) (ii) , (e) or (f) may nominate another person to attend a meeting of the consultative committee in the member’s place.\nA person who attends a meeting of the consultative committee in the place of a member has, and may exercise, at the meeting all the rights of the member.\n(sec.973-ssec.1) A member mentioned in section 970 (1) (a) , (b) , (c) (i) or (d) may nominate a person to attend a meeting of the consultative committee in the member’s place.\n(sec.973-ssec.2) An organisation that nominates a member under section 970 (1) (c) (ii) , (e) or (f) may nominate another person to attend a meeting of the consultative committee in the member’s place.\n(sec.973-ssec.3) A person who attends a meeting of the consultative committee in the place of a member has, and may exercise, at the meeting all the rights of the member.","sortOrder":1392},{"sectionNumber":"sec.974","sectionType":"section","heading":"Invited representatives","content":"### sec.974 Invited representatives\n\nThe Minister may, after consulting with the members of the consultative committee, invite an entity to nominate a representative (an invited representative ) to participate in meetings of the consultative committee or a subcommittee.\nThe invited representative—\nmay participate in meetings of the consultative committee or a subcommittee but does not become a member of the consultative committee or subcommittee; and\nstops being entitled to participate in meetings of the consultative committee or subcommittee when the Minister decides to end the nomination.\n(sec.974-ssec.1) The Minister may, after consulting with the members of the consultative committee, invite an entity to nominate a representative (an invited representative ) to participate in meetings of the consultative committee or a subcommittee.\n(sec.974-ssec.2) The invited representative— may participate in meetings of the consultative committee or a subcommittee but does not become a member of the consultative committee or subcommittee; and stops being entitled to participate in meetings of the consultative committee or subcommittee when the Minister decides to end the nomination.\n- (a) may participate in meetings of the consultative committee or a subcommittee but does not become a member of the consultative committee or subcommittee; and\n- (b) stops being entitled to participate in meetings of the consultative committee or subcommittee when the Minister decides to end the nomination.","sortOrder":1393},{"sectionNumber":"ch.17-pt.1-div.3","sectionType":"division","heading":"Proceedings of consultative committee","content":"## Proceedings of consultative committee","sortOrder":1394},{"sectionNumber":"sec.975","sectionType":"section","heading":"Proceedings","content":"### sec.975 Proceedings\n\nThe Minister may convene a meeting of the consultative committee at any time and place decided by the Minister.\nThe Minister presides at all meetings of the consultative committee at which the Minister is present.\nIf the Minister is absent, the person nominated to attend in the Minister’s place under section 973 (1) presides.\nSubject to this section, the consultative committee may conduct its meetings as it considers appropriate.\ns 975 amd 2022 No. 27 s 60\n(sec.975-ssec.1) The Minister may convene a meeting of the consultative committee at any time and place decided by the Minister.\n(sec.975-ssec.2) The Minister presides at all meetings of the consultative committee at which the Minister is present.\n(sec.975-ssec.3) If the Minister is absent, the person nominated to attend in the Minister’s place under section 973 (1) presides.\n(sec.975-ssec.4) Subject to this section, the consultative committee may conduct its meetings as it considers appropriate.","sortOrder":1395},{"sectionNumber":"sec.976","sectionType":"section","heading":"Subcommittees","content":"### sec.976 Subcommittees\n\nThe consultative committee may establish a subcommittee to consider and report to the consultative committee on any matter relevant to a purpose of the consultative committee.","sortOrder":1396},{"sectionNumber":"ch.17-pt.2","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":1397},{"sectionNumber":"sec.977","sectionType":"section","heading":"Employees working in Queensland and another State","content":"### sec.977 Employees working in Queensland and another State\n\nThis section applies if an employer—\nhas a workplace, or is present, in Queensland; and\nengages in Queensland an employee whose employment is, with the employer’s consent, performed partly in Queensland and partly in another State.\nAn industrial instrument that applies to the employer and employee for the employment performed in Queensland also applies for the employment performed in the other State.\n(sec.977-ssec.1) This section applies if an employer— has a workplace, or is present, in Queensland; and engages in Queensland an employee whose employment is, with the employer’s consent, performed partly in Queensland and partly in another State.\n(sec.977-ssec.2) An industrial instrument that applies to the employer and employee for the employment performed in Queensland also applies for the employment performed in the other State.\n- (a) has a workplace, or is present, in Queensland; and\n- (b) engages in Queensland an employee whose employment is, with the employer’s consent, performed partly in Queensland and partly in another State.","sortOrder":1398},{"sectionNumber":"sec.978","sectionType":"section","heading":"Students’ work permits","content":"### sec.978 Students’ work permits\n\nA student who is undertaking a tertiary study course may apply to the registrar for the issue of a permit to work in a calling for a particular period.\nThe application must provide satisfactory proof the period of work in the calling is necessary to complete the course.\nThe permit must state—\nthe period of work; and\nthe student’s wage rate; and\nany conditions it is subject to.\nOn issuing a permit, the registrar must promptly notify the secretary of an employee organisation in the calling of—\nthe issue of the permit; and\nthe permit’s conditions.\nThe permit has effect despite an industrial instrument.\n(sec.978-ssec.1) A student who is undertaking a tertiary study course may apply to the registrar for the issue of a permit to work in a calling for a particular period.\n(sec.978-ssec.2) The application must provide satisfactory proof the period of work in the calling is necessary to complete the course.\n(sec.978-ssec.3) The permit must state— the period of work; and the student’s wage rate; and any conditions it is subject to.\n(sec.978-ssec.4) On issuing a permit, the registrar must promptly notify the secretary of an employee organisation in the calling of— the issue of the permit; and the permit’s conditions.\n(sec.978-ssec.5) The permit has effect despite an industrial instrument.\n- (a) the period of work; and\n- (b) the student’s wage rate; and\n- (c) any conditions it is subject to.\n- (a) the issue of the permit; and\n- (b) the permit’s conditions.","sortOrder":1399},{"sectionNumber":"sec.979","sectionType":"section","heading":"Aged or infirm persons permits","content":"### sec.979 Aged or infirm persons permits\n\nA person mentioned in subsection (3) may apply to the commission for a permit for an aged or infirm person, who is alleged to be unable to earn the minimum wage for a calling, to work in the calling for less than the minimum wage.\nFor subsection (1) , the minimum wage is the greater of—\nthe Queensland minimum wage; or\nthe minimum wage provided for by a relevant industrial instrument; or\nthe minimum wage decided by the commission, after considering—\nthe Queensland minimum wage; and\nan industrial instrument that regulates employment conditions of employees engaged in a similar kind of work as the aged or infirm person.\nThe application may be made by—\nthe aged or infirm person; or\nan inspector.\nOn receiving an application, the registrar must promptly notify the secretary of an employee organisation in the calling of—\nthe application; and\nthe time when the commission will hear any objection to the issue of the permit.\nThe commission must promptly hear any objection to the issue of the permit from the organisation’s authorised representative.\nThe commission may issue the permit, with or without conditions.\nThe organisation may apply, at any time under the rules, to the commission to cancel the permit.\nThe permit has effect despite an industrial instrument.\n(sec.979-ssec.1) A person mentioned in subsection (3) may apply to the commission for a permit for an aged or infirm person, who is alleged to be unable to earn the minimum wage for a calling, to work in the calling for less than the minimum wage.\n(sec.979-ssec.2) For subsection (1) , the minimum wage is the greater of— the Queensland minimum wage; or the minimum wage provided for by a relevant industrial instrument; or the minimum wage decided by the commission, after considering— the Queensland minimum wage; and an industrial instrument that regulates employment conditions of employees engaged in a similar kind of work as the aged or infirm person.\n(sec.979-ssec.3) The application may be made by— the aged or infirm person; or an inspector.\n(sec.979-ssec.4) On receiving an application, the registrar must promptly notify the secretary of an employee organisation in the calling of— the application; and the time when the commission will hear any objection to the issue of the permit.\n(sec.979-ssec.5) The commission must promptly hear any objection to the issue of the permit from the organisation’s authorised representative.\n(sec.979-ssec.6) The commission may issue the permit, with or without conditions.\n(sec.979-ssec.7) The organisation may apply, at any time under the rules, to the commission to cancel the permit.\n(sec.979-ssec.8) The permit has effect despite an industrial instrument.\n- (a) the Queensland minimum wage; or\n- (b) the minimum wage provided for by a relevant industrial instrument; or\n- (c) the minimum wage decided by the commission, after considering— (i) the Queensland minimum wage; and (ii) an industrial instrument that regulates employment conditions of employees engaged in a similar kind of work as the aged or infirm person.\n- (i) the Queensland minimum wage; and\n- (ii) an industrial instrument that regulates employment conditions of employees engaged in a similar kind of work as the aged or infirm person.\n- (i) the Queensland minimum wage; and\n- (ii) an industrial instrument that regulates employment conditions of employees engaged in a similar kind of work as the aged or infirm person.\n- (a) the aged or infirm person; or\n- (b) an inspector.\n- (a) the application; and\n- (b) the time when the commission will hear any objection to the issue of the permit.","sortOrder":1400},{"sectionNumber":"sec.980","sectionType":"section","heading":"Incorporating amendments in industrial instruments","content":"### sec.980 Incorporating amendments in industrial instruments\n\nIf an industrial instrument is varied, the registrar may reprint the instrument in a form certified as correct by the registrar.","sortOrder":1401},{"sectionNumber":"sec.981","sectionType":"section","heading":"Obsolete industrial instrument","content":"### sec.981 Obsolete industrial instrument\n\nThe registrar, after making inquiry, may publish on the QIRC website notice of an intention to declare a stated industrial instrument obsolete.\nA person may, within the stated time and in the stated way, file an objection notice with the commission.\nThe commission must hear and decide the objection.\nIf no objection is filed within the stated time, or all objections filed are dismissed, the registrar may, by notice published on the QIRC website, declare that the instrument is obsolete.\nThe instrument stops having effect on publication of the notice.\n(sec.981-ssec.1) The registrar, after making inquiry, may publish on the QIRC website notice of an intention to declare a stated industrial instrument obsolete.\n(sec.981-ssec.2) A person may, within the stated time and in the stated way, file an objection notice with the commission.\n(sec.981-ssec.3) The commission must hear and decide the objection.\n(sec.981-ssec.4) If no objection is filed within the stated time, or all objections filed are dismissed, the registrar may, by notice published on the QIRC website, declare that the instrument is obsolete.\n(sec.981-ssec.5) The instrument stops having effect on publication of the notice.","sortOrder":1402},{"sectionNumber":"sec.981A","sectionType":"section","heading":"Disclosure of information to assess achievement of Act’s main purpose","content":"### sec.981A Disclosure of information to assess achievement of Act’s main purpose\n\nThe chief executive may ask the registrar, or another chief executive, for statistical or other information to help the chief executive to assess the extent to which the main purpose of this Act is being achieved.\nThe registrar or other chief executive may give the requested information to the chief executive.\nNothing in this section permits the chief executive to ask for, or requires or permits the registrar or other chief executive to give, confidential information.\nIn this section—\nconfidential information includes information that—\nidentifies, or is likely to lead to the identification, of an individual; and\nis commercially sensitive; and\nis of a private or confidential nature.\ns 981A ins 2022 No. 27 s 61\n(sec.981A-ssec.1) The chief executive may ask the registrar, or another chief executive, for statistical or other information to help the chief executive to assess the extent to which the main purpose of this Act is being achieved.\n(sec.981A-ssec.2) The registrar or other chief executive may give the requested information to the chief executive.\n(sec.981A-ssec.3) Nothing in this section permits the chief executive to ask for, or requires or permits the registrar or other chief executive to give, confidential information.\n(sec.981A-ssec.4) In this section— confidential information includes information that— identifies, or is likely to lead to the identification, of an individual; and is commercially sensitive; and is of a private or confidential nature.\n- (a) identifies, or is likely to lead to the identification, of an individual; and\n- (b) is commercially sensitive; and\n- (c) is of a private or confidential nature.","sortOrder":1403},{"sectionNumber":"sec.981B","sectionType":"section","heading":"Requirement to give notice of conviction and penalty to chief executive (associations incorporation)","content":"### sec.981B Requirement to give notice of conviction and penalty to chief executive (associations incorporation)\n\nThis section applies if—\nan incorporated association or an officer of an incorporated association is convicted of an offence against this Act; and\na penalty is imposed for the conviction; and\neither—\nno appeal against the conviction or penalty is started during the period for starting an appeal; or\nan appeal against the conviction or penalty has been decided or withdrawn, and the conviction or penalty has not been set aside on appeal.\nThe registrar must give the chief executive (associations incorporation) a written notice about the conviction and the penalty imposed.\nThe notice must be given—\nif no appeal against the conviction or penalty is started during the period for starting an appeal—as soon practicable after the period for starting an appeal ends; or\nif an appeal against the conviction or penalty is started—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\ns 981B ins 2022 No. 27 s 61\n(sec.981B-ssec.1) This section applies if— an incorporated association or an officer of an incorporated association is convicted of an offence against this Act; and a penalty is imposed for the conviction; and either— no appeal against the conviction or penalty is started during the period for starting an appeal; or an appeal against the conviction or penalty has been decided or withdrawn, and the conviction or penalty has not been set aside on appeal.\n(sec.981B-ssec.2) The registrar must give the chief executive (associations incorporation) a written notice about the conviction and the penalty imposed.\n(sec.981B-ssec.3) The notice must be given— if no appeal against the conviction or penalty is started during the period for starting an appeal—as soon practicable after the period for starting an appeal ends; or if an appeal against the conviction or penalty is started—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.\n- (a) an incorporated association or an officer of an incorporated association is convicted of an offence against this Act; and\n- (b) a penalty is imposed for the conviction; and\n- (c) either— (i) no appeal against the conviction or penalty is started during the period for starting an appeal; or (ii) an appeal against the conviction or penalty has been decided or withdrawn, and the conviction or penalty has not been set aside on appeal.\n- (i) no appeal against the conviction or penalty is started during the period for starting an appeal; or\n- (ii) an appeal against the conviction or penalty has been decided or withdrawn, and the conviction or penalty has not been set aside on appeal.\n- (i) no appeal against the conviction or penalty is started during the period for starting an appeal; or\n- (ii) an appeal against the conviction or penalty has been decided or withdrawn, and the conviction or penalty has not been set aside on appeal.\n- (a) if no appeal against the conviction or penalty is started during the period for starting an appeal—as soon practicable after the period for starting an appeal ends; or\n- (b) if an appeal against the conviction or penalty is started—as soon as practicable after the appeal, and any appeal of the decision on appeal, is decided or withdrawn.","sortOrder":1404},{"sectionNumber":"sec.982","sectionType":"section","heading":"Protection from liability","content":"### sec.982 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this or another Act mentioned in section 899 (4) .\nIf subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\nThis section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to the chief executive and other prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\nIn this section—\nofficial means—\nthe Minister; or\nthe registrar; or\nanother officer of the court or commission; or\nan inspector; or\na person acting under the direction of an inspector.\ns 982 amd 2022 No. 34 s 365 sch 3\n(sec.982-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this or another Act mentioned in section 899 (4) .\n(sec.982-ssec.2) If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.982-ssec.3) This section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to the chief executive and other prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n(sec.982-ssec.4) In this section— official means— the Minister; or the registrar; or another officer of the court or commission; or an inspector; or a person acting under the direction of an inspector.\n- (a) the Minister; or\n- (b) the registrar; or\n- (c) another officer of the court or commission; or\n- (d) an inspector; or\n- (e) a person acting under the direction of an inspector.","sortOrder":1405},{"sectionNumber":"sec.983","sectionType":"section","heading":"Payments to financially distressed","content":"### sec.983 Payments to financially distressed\n\nSubsection (2) applies if a person is—\nsuffering hardship because an employer has failed to pay the person the whole or part of wages; and\nunlikely to be able to lawfully recover the whole or a substantial part of the unpaid wages.\nThe Governor in Council may authorise payment of an amount, not more than the person is unlikely to recover, to the person from the consolidated fund.\nThe payment does not relieve the employer from liability to pay the unpaid wages.\nIf the person later receives remuneration in full or part satisfaction of the employer’s liability, the person must immediately pay the department, for payment to the consolidated fund, an amount equal to the lesser of—\nthe value of the remuneration received, as assessed by the Minister; or\nthe amount of the payment made to the person and not previously repaid by the person under this subsection.\nThe amount payable to the department under subsection (4) may be recovered as a debt.\nIn this section—\nremuneration means remuneration, in money or kind.\n(sec.983-ssec.1) Subsection (2) applies if a person is— suffering hardship because an employer has failed to pay the person the whole or part of wages; and unlikely to be able to lawfully recover the whole or a substantial part of the unpaid wages.\n(sec.983-ssec.2) The Governor in Council may authorise payment of an amount, not more than the person is unlikely to recover, to the person from the consolidated fund.\n(sec.983-ssec.3) The payment does not relieve the employer from liability to pay the unpaid wages.\n(sec.983-ssec.4) If the person later receives remuneration in full or part satisfaction of the employer’s liability, the person must immediately pay the department, for payment to the consolidated fund, an amount equal to the lesser of— the value of the remuneration received, as assessed by the Minister; or the amount of the payment made to the person and not previously repaid by the person under this subsection.\n(sec.983-ssec.5) The amount payable to the department under subsection (4) may be recovered as a debt.\n(sec.983-ssec.6) In this section— remuneration means remuneration, in money or kind.\n- (a) suffering hardship because an employer has failed to pay the person the whole or part of wages; and\n- (b) unlikely to be able to lawfully recover the whole or a substantial part of the unpaid wages.\n- (a) the value of the remuneration received, as assessed by the Minister; or\n- (b) the amount of the payment made to the person and not previously repaid by the person under this subsection.","sortOrder":1406},{"sectionNumber":"sec.984","sectionType":"section","heading":"Notices and applications to be written","content":"### sec.984 Notices and applications to be written\n\nIf a person must give a notice or make an application under this Act, the notice or application must be written, unless otherwise provided.","sortOrder":1407},{"sectionNumber":"sec.985","sectionType":"section","heading":"Electronic Transactions (Queensland) Act 2001 does not apply to this Act","content":"### sec.985 Electronic Transactions (Queensland) Act 2001 does not apply to this Act\n\nThe Electronic Transactions (Queensland) Act 2001 does not apply to the giving of a document under this Act.","sortOrder":1408},{"sectionNumber":"sec.986","sectionType":"section","heading":"Giving documents electronically","content":"### sec.986 Giving documents electronically\n\nThis section applies if a person (the sender ) is required or permitted to give a document, including, for example, a written notice, to another person (the receiver ) under this Act, other than a document to be given, filed, received, issued or sent in a proceeding before the court, commission or Industrial Magistrates Court.\nUnder section 551 , the rules may provide for the filing, receiving, issuing or sending electronic documents by the court, commission or Industrial Magistrates Court.\nUnless the contrary intention appears, the sender may satisfy the requirement or permission by giving the notice or other document electronically to the receiver in a way that the receiver is able to receive the document.\nA sender is taken to have sent a written notice or other document electronically—\nwhen the notice or document leaves the information system under the control of the sender; or\nif the notice or document has not left an information system under the control of the sender—when the notice or document is received by the sender.\nA receiver is taken to have received a written notice or other document sent electronically—\nif the receiver has designated an electronic address for receiving documents—when the notice or document is capable of being retrieved by the receiver at the electronic address; or\nif the receiver has another electronic address where documents may be received—\nwhen the notice or document has become capable of being retrieved by the receiver at the electronic address; and\nwhen the receiver has become aware that the notice or document has been sent to that address.\n(sec.986-ssec.1) This section applies if a person (the sender ) is required or permitted to give a document, including, for example, a written notice, to another person (the receiver ) under this Act, other than a document to be given, filed, received, issued or sent in a proceeding before the court, commission or Industrial Magistrates Court. Under section 551 , the rules may provide for the filing, receiving, issuing or sending electronic documents by the court, commission or Industrial Magistrates Court.\n(sec.986-ssec.2) Unless the contrary intention appears, the sender may satisfy the requirement or permission by giving the notice or other document electronically to the receiver in a way that the receiver is able to receive the document.\n(sec.986-ssec.3) A sender is taken to have sent a written notice or other document electronically— when the notice or document leaves the information system under the control of the sender; or if the notice or document has not left an information system under the control of the sender—when the notice or document is received by the sender.\n(sec.986-ssec.4) A receiver is taken to have received a written notice or other document sent electronically— if the receiver has designated an electronic address for receiving documents—when the notice or document is capable of being retrieved by the receiver at the electronic address; or if the receiver has another electronic address where documents may be received— when the notice or document has become capable of being retrieved by the receiver at the electronic address; and when the receiver has become aware that the notice or document has been sent to that address.\n- (a) when the notice or document leaves the information system under the control of the sender; or\n- (b) if the notice or document has not left an information system under the control of the sender—when the notice or document is received by the sender.\n- (a) if the receiver has designated an electronic address for receiving documents—when the notice or document is capable of being retrieved by the receiver at the electronic address; or\n- (b) if the receiver has another electronic address where documents may be received— (i) when the notice or document has become capable of being retrieved by the receiver at the electronic address; and (ii) when the receiver has become aware that the notice or document has been sent to that address.\n- (i) when the notice or document has become capable of being retrieved by the receiver at the electronic address; and\n- (ii) when the receiver has become aware that the notice or document has been sent to that address.\n- (i) when the notice or document has become capable of being retrieved by the receiver at the electronic address; and\n- (ii) when the receiver has become aware that the notice or document has been sent to that address.","sortOrder":1409},{"sectionNumber":"sec.987","sectionType":"section","heading":"Inaccurate descriptions","content":"### sec.987 Inaccurate descriptions\n\nA misnomer, inaccurate description or omission (an inaccuracy ) in or from a document given under this Act does not prevent or limit the operation of this Act in relation to the subject matter of the inaccuracy, if the subject matter is sufficiently clear to be understood.","sortOrder":1410},{"sectionNumber":"sec.988","sectionType":"section","heading":"Application of Act generally","content":"### sec.988 Application of Act generally\n\nIf a provision of this Act does not apply to a person or a class of person, a decision is inoperative to the extent it purports to apply to the person or a member of the class about the provision’s subject matter.\nIn its application, this Act does not create a right, privilege or benefit for a person for a period of service as an employee if, for the period, a similar right, privilege or benefit was given to or received by the person under a corresponding provision of the repealed Act.\n(sec.988-ssec.1) If a provision of this Act does not apply to a person or a class of person, a decision is inoperative to the extent it purports to apply to the person or a member of the class about the provision’s subject matter.\n(sec.988-ssec.2) In its application, this Act does not create a right, privilege or benefit for a person for a period of service as an employee if, for the period, a similar right, privilege or benefit was given to or received by the person under a corresponding provision of the repealed Act.","sortOrder":1411},{"sectionNumber":"sec.989","sectionType":"section","heading":"Approved forms","content":"### sec.989 Approved forms\n\nThe rules committee may approve, for this Act, forms for use by or in the court, commission, Industrial Magistrates Court or registry.\nWhen acting under subsection (1) , the rules committee must consult with—\nfor a form relating to the Industrial Magistrates Court—the Chief Magistrate; or\nfor a form relating to the registry—the registrar.\nThe chief executive may approve, for this Act, forms for use other than in circumstances mentioned in subsection (1) .\n(sec.989-ssec.1) The rules committee may approve, for this Act, forms for use by or in the court, commission, Industrial Magistrates Court or registry.\n(sec.989-ssec.2) When acting under subsection (1) , the rules committee must consult with— for a form relating to the Industrial Magistrates Court—the Chief Magistrate; or for a form relating to the registry—the registrar.\n(sec.989-ssec.3) The chief executive may approve, for this Act, forms for use other than in circumstances mentioned in subsection (1) .\n- (a) for a form relating to the Industrial Magistrates Court—the Chief Magistrate; or\n- (b) for a form relating to the registry—the registrar.","sortOrder":1412},{"sectionNumber":"sec.990","sectionType":"section","heading":"Regulation-making power","content":"### sec.990 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about any of the following—\nrequiring an employer who is a party to a bargaining instrument to supply information for statistical purposes;\nregulating the conduct of persons, other than lawyers, who act for parties in an industrial cause;\nregulating the conduct of persons, other than lawyers, who appear in proceedings—\nin the court; or\nbefore the commission or registrar;\nimposing a penalty of not more than 20 penalty units for contravention of a provision of a regulation.\n(sec.990-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.990-ssec.2) A regulation may be made about any of the following— requiring an employer who is a party to a bargaining instrument to supply information for statistical purposes; regulating the conduct of persons, other than lawyers, who act for parties in an industrial cause; regulating the conduct of persons, other than lawyers, who appear in proceedings— in the court; or before the commission or registrar; imposing a penalty of not more than 20 penalty units for contravention of a provision of a regulation.\n- (a) requiring an employer who is a party to a bargaining instrument to supply information for statistical purposes;\n- (b) regulating the conduct of persons, other than lawyers, who act for parties in an industrial cause;\n- (c) regulating the conduct of persons, other than lawyers, who appear in proceedings— (i) in the court; or (ii) before the commission or registrar;\n- (i) in the court; or\n- (ii) before the commission or registrar;\n- (d) imposing a penalty of not more than 20 penalty units for contravention of a provision of a regulation.\n- (i) in the court; or\n- (ii) before the commission or registrar;","sortOrder":1413},{"sectionNumber":"ch.18-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":1414},{"sectionNumber":"sec.991","sectionType":"section","heading":"Act repealed","content":"### sec.991 Act repealed\n\nThe Industrial Relations Act 1999 , No. 33 is repealed.","sortOrder":1415},{"sectionNumber":"ch.18-pt.2","sectionType":"part","heading":"Transitional provisions for repeal of Industrial Relations Act 1999","content":"# Transitional provisions for repeal of Industrial Relations Act 1999","sortOrder":1416},{"sectionNumber":"ch.18-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1417},{"sectionNumber":"sec.992","sectionType":"section","heading":"Definitions for part","content":"### sec.992 Definitions for part\n\nIn this part—\ncontinuing ch 2 employee means an employee mentioned in section 1005(a).\ncontinuing ch 2A employee means an employee mentioned in section 1005(b).\ncontinuing employee see section 1005.\nintroduction day means the day the Bill for this Act was introduced into the Legislative Assembly.\nold , in relation to a provision, means a provision of the repealed Act.\npre-commencement employment conditions see section 1008(1).\npre-modernisation certified agreement means a certified agreement that, immediately before the commencement, was a pre-modernisation industrial instrument under the repealed Act.\npre-modernisation industrial instrument has the meaning given under old section 71BA.","sortOrder":1418},{"sectionNumber":"ch.18-pt.2-div.2","sectionType":"division","heading":"Existing industrial instruments","content":"## Existing industrial instruments","sortOrder":1419},{"sectionNumber":"sec.993","sectionType":"section","heading":"Modern awards","content":"### sec.993 Modern awards\n\nA modern award that was in operation under the repealed Act immediately before the commencement is, on the commencement, taken to be a modern award under chapter 3.\nUntil the modern award is varied under this Act for the first time—\nold chapter 2A, part 3, as it was in force immediately before the commencement, continues to apply to the award; and\nchapter 3, parts 1 and 2 of this Act do not apply to the award.\n(sec.993-ssec.1) A modern award that was in operation under the repealed Act immediately before the commencement is, on the commencement, taken to be a modern award under chapter 3.\n(sec.993-ssec.2) Until the modern award is varied under this Act for the first time— old chapter 2A, part 3, as it was in force immediately before the commencement, continues to apply to the award; and chapter 3, parts 1 and 2 of this Act do not apply to the award.\n- (a) old chapter 2A, part 3, as it was in force immediately before the commencement, continues to apply to the award; and\n- (b) chapter 3, parts 1 and 2 of this Act do not apply to the award.","sortOrder":1420},{"sectionNumber":"sec.994","sectionType":"section","heading":"Review and variation of modern awards under old ch 20, pt 20, div 2","content":"### sec.994 Review and variation of modern awards under old ch 20, pt 20, div 2\n\nThis section applies if the review and variation of a modern award under old chapter 20, part 20, division 2 (the repealed review provisions ) was started, but not completed, before the commencement.\nThe review and variation of the modern award must be completed under the repealed review provisions as if this Act had not commenced.\n(sec.994-ssec.1) This section applies if the review and variation of a modern award under old chapter 20, part 20, division 2 (the repealed review provisions ) was started, but not completed, before the commencement.\n(sec.994-ssec.2) The review and variation of the modern award must be completed under the repealed review provisions as if this Act had not commenced.","sortOrder":1421},{"sectionNumber":"sec.995","sectionType":"section","heading":"Requirement to partition modern award for local government","content":"### sec.995 Requirement to partition modern award for local government\n\nThis section applies in relation to whichever of the following modern awards (the relevant award ) was in effect under the repealed Act immediately before the commencement—\nthe Queensland Local Government Industry Award—State 2014;\na modern award that replaced the award mentioned in paragraph (a);\na modern award that replaced the modern award mentioned in paragraph (b).\nAs soon as practicable after the commencement, the registrar must partition the relevant award by—\nterminating the relevant award; and\nmaking 3 replacement modern awards (the replacement awards ).\nThe replacement awards must each cover a group of employees described in the ministerial request as Stream A, Stream B or Stream C in relation to the Queensland Local Government Industry Award—State 2014.\nIn partitioning the relevant award, the registrar may make any necessary provision to ensure wages and employment conditions for employees are not affected by the partitioning.\nA party to the relevant award is not entitled to be heard in relation to the partitioning of the award.\nWhen the registrar partitions the relevant award—\nthe relevant award is taken to be revoked by the commission under chapter 3; and\nthe replacement awards are taken to be modern awards made under chapter 3.\nAs soon as practicable after partitioning the relevant award, the registrar must—\ngive the parties to whom each replacement award applies notice of the making of the award; and\npublish the replacement awards on the QIRC website.\nDespite subsection (6)—\nsection 150 does not apply to the revocation of the relevant award; and\nchapter 3, parts 1 and 2 and chapter 5, part 2, division 1 do not apply to the making of the replacement awards.\nIf the relevant award is the Queensland Local Government Industry Award—State 2014, despite subsection (2) the registrar must not partition the relevant award until the review and variation of the award under old chapter 20, division 2 has been completed.\nIn this section—\nministerial request means the variation notice given by the Minister to the commission under old section 140CA(1) on 6 June 2016.\nreplaced includes superseded.\n(sec.995-ssec.1) This section applies in relation to whichever of the following modern awards (the relevant award ) was in effect under the repealed Act immediately before the commencement— the Queensland Local Government Industry Award—State 2014; a modern award that replaced the award mentioned in paragraph (a); a modern award that replaced the modern award mentioned in paragraph (b).\n(sec.995-ssec.2) As soon as practicable after the commencement, the registrar must partition the relevant award by— terminating the relevant award; and making 3 replacement modern awards (the replacement awards ).\n(sec.995-ssec.3) The replacement awards must each cover a group of employees described in the ministerial request as Stream A, Stream B or Stream C in relation to the Queensland Local Government Industry Award—State 2014.\n(sec.995-ssec.4) In partitioning the relevant award, the registrar may make any necessary provision to ensure wages and employment conditions for employees are not affected by the partitioning.\n(sec.995-ssec.5) A party to the relevant award is not entitled to be heard in relation to the partitioning of the award.\n(sec.995-ssec.6) When the registrar partitions the relevant award— the relevant award is taken to be revoked by the commission under chapter 3; and the replacement awards are taken to be modern awards made under chapter 3.\n(sec.995-ssec.7) As soon as practicable after partitioning the relevant award, the registrar must— give the parties to whom each replacement award applies notice of the making of the award; and publish the replacement awards on the QIRC website.\n(sec.995-ssec.8) Despite subsection (6)— section 150 does not apply to the revocation of the relevant award; and chapter 3, parts 1 and 2 and chapter 5, part 2, division 1 do not apply to the making of the replacement awards.\n(sec.995-ssec.9) If the relevant award is the Queensland Local Government Industry Award—State 2014, despite subsection (2) the registrar must not partition the relevant award until the review and variation of the award under old chapter 20, division 2 has been completed.\n(sec.995-ssec.10) In this section— ministerial request means the variation notice given by the Minister to the commission under old section 140CA(1) on 6 June 2016. replaced includes superseded.\n- (a) the Queensland Local Government Industry Award—State 2014;\n- (b) a modern award that replaced the award mentioned in paragraph (a);\n- (c) a modern award that replaced the modern award mentioned in paragraph (b).\n- (a) terminating the relevant award; and\n- (b) making 3 replacement modern awards (the replacement awards ).\n- (a) the relevant award is taken to be revoked by the commission under chapter 3; and\n- (b) the replacement awards are taken to be modern awards made under chapter 3.\n- (a) give the parties to whom each replacement award applies notice of the making of the award; and\n- (b) publish the replacement awards on the QIRC website.\n- (a) section 150 does not apply to the revocation of the relevant award; and\n- (b) chapter 3, parts 1 and 2 and chapter 5, part 2, division 1 do not apply to the making of the replacement awards.","sortOrder":1422},{"sectionNumber":"sec.996","sectionType":"section","heading":"Applications to vary modern award","content":"### sec.996 Applications to vary modern award\n\nThis section applies if an application to vary a modern award was made under old chapter 5A, but not decided, before the commencement.\nThe application must continue to be dealt with under the repealed Act as if this Act had not commenced.\n(sec.996-ssec.1) This section applies if an application to vary a modern award was made under old chapter 5A, but not decided, before the commencement.\n(sec.996-ssec.2) The application must continue to be dealt with under the repealed Act as if this Act had not commenced.","sortOrder":1423},{"sectionNumber":"sec.997","sectionType":"section","heading":"Pre-modernisation awards","content":"### sec.997 Pre-modernisation awards\n\nThis section applies to an award other than a modern award, that, immediately before the commencement—\nwas in operation under the repealed Act; and\napplied to an employee because of the operation of old section 824.\nOn the commencement, the award is revoked.\nSubsection (4) applies if—\nimmediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and\non the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).\nOn the commencement, the certified agreement that applies to the employee is taken to be varied to include provision for the wages or condition of employment mentioned in subsection (3)(a).\n(sec.997-ssec.1) This section applies to an award other than a modern award, that, immediately before the commencement— was in operation under the repealed Act; and applied to an employee because of the operation of old section 824.\n(sec.997-ssec.2) On the commencement, the award is revoked.\n(sec.997-ssec.3) Subsection (4) applies if— immediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and on the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).\n(sec.997-ssec.4) On the commencement, the certified agreement that applies to the employee is taken to be varied to include provision for the wages or condition of employment mentioned in subsection (3)(a).\n- (a) was in operation under the repealed Act; and\n- (b) applied to an employee because of the operation of old section 824.\n- (a) immediately before the commencement, an employee was entitled to wages or a condition of employment under the award; and\n- (b) on the commencement, the wages or conditions of employment to which the employee would, but for this section, be entitled under the QES or a certified agreement are less favourable to the employee than the wages or condition of employment mentioned in paragraph (a).","sortOrder":1424},{"sectionNumber":"sec.998","sectionType":"section","heading":"Existing certified agreements and arbitration determinations","content":"### sec.998 Existing certified agreements and arbitration determinations\n\nA certified agreement or arbitration determination that is in force under the repealed Act immediately before the commencement continues in force as a certified agreement or arbitration determination under this Act.\nA certified agreement mentioned in subsection (1) can not be amended under section 223 or chapter 4, part 7, division 2.\n(sec.998-ssec.1) A certified agreement or arbitration determination that is in force under the repealed Act immediately before the commencement continues in force as a certified agreement or arbitration determination under this Act.\n(sec.998-ssec.2) A certified agreement mentioned in subsection (1) can not be amended under section 223 or chapter 4, part 7, division 2.","sortOrder":1425},{"sectionNumber":"sec.999","sectionType":"section","heading":"Existing arbitrations","content":"### sec.999 Existing arbitrations\n\nThis section applies if, before the commencement—\nthe requirement under old section 149(4) to determine a matter by arbitration started to apply; and\nthe commission had not made a determination for the matter under old section 150.\nFor subsection (1), it does not matter whether or not the commission started to hear the matter before the commencement.\nThe commission must determine the matter by arbitration under the repealed Act.\nHowever, if the employer and 1 or more parties reach agreement on a proposed bargaining instrument before the commission determines the matter by arbitration—\nthe parties must take steps under chapter 4 of this Act to have the instrument certified or made; and\nif an application is made under section 189 or 190 of this Act, a step taken in compliance with a requirement under the repealed Act in relation to the instrument is deemed to have been taken for the purposes of this Act; and\nthe giving of a notice of intention under the repealed Act\napproval of the instrument by the relevant employees\nthe arbitration ends when the instrument is certified or made.\n(sec.999-ssec.1) This section applies if, before the commencement— the requirement under old section 149(4) to determine a matter by arbitration started to apply; and the commission had not made a determination for the matter under old section 150.\n(sec.999-ssec.2) For subsection (1), it does not matter whether or not the commission started to hear the matter before the commencement.\n(sec.999-ssec.3) The commission must determine the matter by arbitration under the repealed Act.\n(sec.999-ssec.4) However, if the employer and 1 or more parties reach agreement on a proposed bargaining instrument before the commission determines the matter by arbitration— the parties must take steps under chapter 4 of this Act to have the instrument certified or made; and if an application is made under section 189 or 190 of this Act, a step taken in compliance with a requirement under the repealed Act in relation to the instrument is deemed to have been taken for the purposes of this Act; and the giving of a notice of intention under the repealed Act approval of the instrument by the relevant employees the arbitration ends when the instrument is certified or made.\n- (a) the requirement under old section 149(4) to determine a matter by arbitration started to apply; and\n- (b) the commission had not made a determination for the matter under old section 150.\n- (a) the parties must take steps under chapter 4 of this Act to have the instrument certified or made; and\n- (b) if an application is made under section 189 or 190 of this Act, a step taken in compliance with a requirement under the repealed Act in relation to the instrument is deemed to have been taken for the purposes of this Act; and Examples of steps that may have been taken under the repealed Act— • the giving of a notice of intention under the repealed Act • approval of the instrument by the relevant employees\n- • the giving of a notice of intention under the repealed Act\n- • approval of the instrument by the relevant employees\n- (c) the arbitration ends when the instrument is certified or made.\n- • the giving of a notice of intention under the repealed Act\n- • approval of the instrument by the relevant employees","sortOrder":1426},{"sectionNumber":"sec.1000","sectionType":"section","heading":"Existing applications for certification","content":"### sec.1000 Existing applications for certification\n\nThis section applies if—\nbefore the commencement, an application had been made to the commission under old section 153 to certify an agreement; and\nimmediately before the commencement, the commission had not—\ncertified the agreement under old section 156; or\nrefused to certify the agreement under old section 157; or\notherwise finally dealt with the application.\nThe commission must decide the application under old chapter 6, division 2.\nIf the commission grants the application, the agreement is taken to have been certified under this Act.\nThis section does not apply if—\nthe application was made on or after the introduction day; and\nthe agreement was made with employees, before the introduction day, under old section 147A.\n(sec.1000-ssec.1) This section applies if— before the commencement, an application had been made to the commission under old section 153 to certify an agreement; and immediately before the commencement, the commission had not— certified the agreement under old section 156; or refused to certify the agreement under old section 157; or otherwise finally dealt with the application.\n(sec.1000-ssec.2) The commission must decide the application under old chapter 6, division 2.\n(sec.1000-ssec.2A) If the commission grants the application, the agreement is taken to have been certified under this Act.\n(sec.1000-ssec.3) This section does not apply if— the application was made on or after the introduction day; and the agreement was made with employees, before the introduction day, under old section 147A.\n- (a) before the commencement, an application had been made to the commission under old section 153 to certify an agreement; and\n- (b) immediately before the commencement, the commission had not— (i) certified the agreement under old section 156; or (ii) refused to certify the agreement under old section 157; or (iii) otherwise finally dealt with the application.\n- (i) certified the agreement under old section 156; or\n- (ii) refused to certify the agreement under old section 157; or\n- (iii) otherwise finally dealt with the application.\n- (i) certified the agreement under old section 156; or\n- (ii) refused to certify the agreement under old section 157; or\n- (iii) otherwise finally dealt with the application.\n- (a) the application was made on or after the introduction day; and\n- (b) the agreement was made with employees, before the introduction day, under old section 147A.","sortOrder":1427},{"sectionNumber":"sec.1001","sectionType":"section","heading":"Application for certification—proposed agreement negotiated with employee organisation and approved by employees","content":"### sec.1001 Application for certification—proposed agreement negotiated with employee organisation and approved by employees\n\nThis section applies if, on or after the introduction day—\nan agreement was made with employees under old section 147A; and\nan application was made to the commission under old section 153 to certify the agreement.\nIf the application was not decided by the commission before the commencement, the application is taken to have been withdrawn on the commencement.\nIf the commission certified the agreement before the commencement—\non the commencement its nominal expiry date becomes the day that is 3 months from the day this section commences; and\nthe nominal expiry date mentioned in paragraph (a) can not be extended under chapter 4, part 7, division 1.\n(sec.1001-ssec.1) This section applies if, on or after the introduction day— an agreement was made with employees under old section 147A; and an application was made to the commission under old section 153 to certify the agreement.\n(sec.1001-ssec.2) If the application was not decided by the commission before the commencement, the application is taken to have been withdrawn on the commencement.\n(sec.1001-ssec.3) If the commission certified the agreement before the commencement— on the commencement its nominal expiry date becomes the day that is 3 months from the day this section commences; and the nominal expiry date mentioned in paragraph (a) can not be extended under chapter 4, part 7, division 1.\n- (a) an agreement was made with employees under old section 147A; and\n- (b) an application was made to the commission under old section 153 to certify the agreement.\n- (a) on the commencement its nominal expiry date becomes the day that is 3 months from the day this section commences; and\n- (b) the nominal expiry date mentioned in paragraph (a) can not be extended under chapter 4, part 7, division 1.","sortOrder":1428},{"sectionNumber":"sec.1002","sectionType":"section","heading":"Existing equal remuneration orders and applications","content":"### sec.1002 Existing equal remuneration orders and applications\n\nAn order made under old chapter 2, part 5 or old chapter 2A, part 4 that was in effect immediately before the commencement is taken to have been made under chapter 5, part 3.\nAn application for an order under old chapter 2, part 5 or old chapter 2A, part 4 that was made, but not decided, before the commencement must continue to be decided under the old part.\nIf an application mentioned in subsection (2) is granted, the order made on the application is taken to have been made under chapter 5, part 3.\n(sec.1002-ssec.1) An order made under old chapter 2, part 5 or old chapter 2A, part 4 that was in effect immediately before the commencement is taken to have been made under chapter 5, part 3.\n(sec.1002-ssec.2) An application for an order under old chapter 2, part 5 or old chapter 2A, part 4 that was made, but not decided, before the commencement must continue to be decided under the old part.\n(sec.1002-ssec.3) If an application mentioned in subsection (2) is granted, the order made on the application is taken to have been made under chapter 5, part 3.","sortOrder":1429},{"sectionNumber":"sec.1003","sectionType":"section","heading":"Application of ch 5, pt 2, div 2 to local government sector","content":"### sec.1003 Application of ch 5, pt 2, div 2 to local government sector\n\nChapter 5, part 2, division 2 does not apply to certification of an agreement for employees of a local government sector employer, if the application for certification of the agreement is made before 1 January 2019.\nHowever, subsection (1) does not apply if the commission decides, on an application by a party to the agreement, to apply section 250 in relation to the application to certify the agreement.\nIn this section—\nlocal government sector employer see the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 , section 3 (1) .\n(sec.1003-ssec.1) Chapter 5, part 2, division 2 does not apply to certification of an agreement for employees of a local government sector employer, if the application for certification of the agreement is made before 1 January 2019.\n(sec.1003-ssec.2) However, subsection (1) does not apply if the commission decides, on an application by a party to the agreement, to apply section 250 in relation to the application to certify the agreement.\n(sec.1003-ssec.3) In this section— local government sector employer see the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 , section 3 (1) .","sortOrder":1430},{"sectionNumber":"sec.1004","sectionType":"section","heading":"Orders under old ss 137, 138 and 140","content":"### sec.1004 Orders under old ss 137, 138 and 140\n\nThis section applies to any of the following orders in effect immediately before the commencement—\na minimum wage order under old section 137;\na tool allowance order under old section 138;\nan order fixing wages and employment conditions under old section 140.\nOn the commencement, the order continues in effect as if it were made under chapter 2, part 5 or 6 of this Act.\n(sec.1004-ssec.1) This section applies to any of the following orders in effect immediately before the commencement— a minimum wage order under old section 137; a tool allowance order under old section 138; an order fixing wages and employment conditions under old section 140.\n(sec.1004-ssec.2) On the commencement, the order continues in effect as if it were made under chapter 2, part 5 or 6 of this Act.\n- (a) a minimum wage order under old section 137;\n- (b) a tool allowance order under old section 138;\n- (c) an order fixing wages and employment conditions under old section 140.","sortOrder":1431},{"sectionNumber":"ch.18-pt.2-div.3","sectionType":"division","heading":"Conditions of employment for continuing employees","content":"## Conditions of employment for continuing employees","sortOrder":1432},{"sectionNumber":"sec.1005","sectionType":"section","heading":"Application of division","content":"### sec.1005 Application of division\n\nThis division applies to an employee (a continuing employee ) if, immediately before the commencement—\na pre-modernisation industrial instrument applied to the employee in relation to particular employment; or\nold chapter 2A applied to the employee in relation to particular employment.\n- (a) a pre-modernisation industrial instrument applied to the employee in relation to particular employment; or\n- (b) old chapter 2A applied to the employee in relation to particular employment.","sortOrder":1433},{"sectionNumber":"sec.1006","sectionType":"section","heading":"Conditions of employment for continuing employees","content":"### sec.1006 Conditions of employment for continuing employees\n\nOn the commencement, the Queensland Employment Standards under this Act start applying to the continuing employee.\nAlso, if the employee is a continuing ch 2 employee and, immediately before the commencement, a modern award made under the repealed Act covered the employee but did not apply to the employee under old section 824—\non the commencement, the modern award starts applying to the employee; and\nthe pre-modernisation certified agreement or arbitration determination that applied to the employee immediately before the commencement, as it continues in force under section 998, continues to apply to the employee from the commencement.\nHowever, if a pre-modernisation certified agreement or arbitration determination mentioned in subsection (2)(b) includes a provision that is inconsistent with the Queensland Employment Standards, the provision is of no effect.\nSubsection (3) does not apply to a provision that is at least as favourable to the continuing employee than the Queensland Employment Standards.\n(sec.1006-ssec.1) On the commencement, the Queensland Employment Standards under this Act start applying to the continuing employee.\n(sec.1006-ssec.2) Also, if the employee is a continuing ch 2 employee and, immediately before the commencement, a modern award made under the repealed Act covered the employee but did not apply to the employee under old section 824— on the commencement, the modern award starts applying to the employee; and the pre-modernisation certified agreement or arbitration determination that applied to the employee immediately before the commencement, as it continues in force under section 998, continues to apply to the employee from the commencement.\n(sec.1006-ssec.3) However, if a pre-modernisation certified agreement or arbitration determination mentioned in subsection (2)(b) includes a provision that is inconsistent with the Queensland Employment Standards, the provision is of no effect.\n(sec.1006-ssec.4) Subsection (3) does not apply to a provision that is at least as favourable to the continuing employee than the Queensland Employment Standards.\n- (a) on the commencement, the modern award starts applying to the employee; and\n- (b) the pre-modernisation certified agreement or arbitration determination that applied to the employee immediately before the commencement, as it continues in force under section 998, continues to apply to the employee from the commencement.","sortOrder":1434},{"sectionNumber":"sec.1007","sectionType":"section","heading":"Continuation of working time provision for an employee under old s 9 or 9A","content":"### sec.1007 Continuation of working time provision for an employee under old s 9 or 9A\n\nDespite section 1006, section 9 of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that—\nwas in force immediately before the commencement; and\nwas made on or before 1 September 2005, other than a certified agreement if the application to certify the agreement was made after 1 September 2005; and\nwas a pre-modernisation industrial instrument.\nDespite section 1006, section 9A of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that—\nwas in force immediately before the commencement; and\nwas made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005; and\nwas a pre-modernisation industrial instrument.\n(sec.1007-ssec.1) Despite section 1006, section 9 of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that— was in force immediately before the commencement; and was made on or before 1 September 2005, other than a certified agreement if the application to certify the agreement was made after 1 September 2005; and was a pre-modernisation industrial instrument.\n(sec.1007-ssec.2) Despite section 1006, section 9A of the repealed Act continues to apply to an industrial instrument or federal industrial instrument that— was in force immediately before the commencement; and was made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005; and was a pre-modernisation industrial instrument.\n- (a) was in force immediately before the commencement; and\n- (b) was made on or before 1 September 2005, other than a certified agreement if the application to certify the agreement was made after 1 September 2005; and\n- (c) was a pre-modernisation industrial instrument.\n- (a) was in force immediately before the commencement; and\n- (b) was made after 1 September 2005, other than a certified agreement if the application to certify the agreement was made on or before 1 September 2005; and\n- (c) was a pre-modernisation industrial instrument.","sortOrder":1435},{"sectionNumber":"sec.1008","sectionType":"section","heading":"Leave accrued or approved before commencement","content":"### sec.1008 Leave accrued or approved before commencement\n\nThe continuing employee retains all leave entitlements accrued before the commencement under any of the following (the pre-commencement employment conditions )—\nold chapter 2 or 2A;\nan industrial instrument under the repealed Act.\nSubsection (3) applies if, before the commencement, the employee’s employer approved leave relating to a period on or after the commencement.\nThe leave is taken to have been approved for the purposes of the Queensland Employment Standards, or an industrial instrument applicable to the employee, under this Act.\n(sec.1008-ssec.1) The continuing employee retains all leave entitlements accrued before the commencement under any of the following (the pre-commencement employment conditions )— old chapter 2 or 2A; an industrial instrument under the repealed Act.\n(sec.1008-ssec.2) Subsection (3) applies if, before the commencement, the employee’s employer approved leave relating to a period on or after the commencement.\n(sec.1008-ssec.3) The leave is taken to have been approved for the purposes of the Queensland Employment Standards, or an industrial instrument applicable to the employee, under this Act.\n- (a) old chapter 2 or 2A;\n- (b) an industrial instrument under the repealed Act.","sortOrder":1436},{"sectionNumber":"sec.1009","sectionType":"section","heading":"Working out leave entitlements","content":"### sec.1009 Working out leave entitlements\n\nThis section applies if—\na provision of old chapter 2 or 2A conferred an entitlement on the employee in relation to a particular type of leave; and\nthe entitlement was worked out under the provision—\nfor a completed year of employment; or\nin relation to a year.\nFor working out the employee’s entitlement to the leave during the year in which the commencement falls, regard must be had to leave of that type taken during the year under the pre-commencement employment conditions.\nAlso, for working out the employee’s entitlement to leave, regard must be had to the period of the employee’s employment with the employer before the commencement.\n(sec.1009-ssec.1) This section applies if— a provision of old chapter 2 or 2A conferred an entitlement on the employee in relation to a particular type of leave; and the entitlement was worked out under the provision— for a completed year of employment; or in relation to a year.\n(sec.1009-ssec.2) For working out the employee’s entitlement to the leave during the year in which the commencement falls, regard must be had to leave of that type taken during the year under the pre-commencement employment conditions.\n(sec.1009-ssec.3) Also, for working out the employee’s entitlement to leave, regard must be had to the period of the employee’s employment with the employer before the commencement.\n- (a) a provision of old chapter 2 or 2A conferred an entitlement on the employee in relation to a particular type of leave; and\n- (b) the entitlement was worked out under the provision— (i) for a completed year of employment; or (ii) in relation to a year.\n- (i) for a completed year of employment; or\n- (ii) in relation to a year.\n- (i) for a completed year of employment; or\n- (ii) in relation to a year.","sortOrder":1437},{"sectionNumber":"sec.1010","sectionType":"section","heading":"Notices etc. given before commencement","content":"### sec.1010 Notices etc. given before commencement\n\nThis section applies if—\nbefore the commencement, the continuing employee or the employee’s employer gave a notice or other document in compliance with a requirement under the pre-commencement employment conditions; and\na notice about parental leave given by a continuing ch 2 employee in compliance with old section 19, 20, 21 or 21A\na notice about parental leave given by a continuing ch 2A employee in compliance with old section 71GH, 71GI, 71GJ or 71GK\nthe notice or other document is relevant to a matter or circumstance occurring on or after the commencement; and\nthere is a requirement under this Act, or an industrial instrument under this Act, that has substantially the same effect as the requirement mentioned in paragraph (a).\nIf the context permits, the employee or employer is taken to have complied with the requirement mentioned in subsection (1)(c).\n(sec.1010-ssec.1) This section applies if— before the commencement, the continuing employee or the employee’s employer gave a notice or other document in compliance with a requirement under the pre-commencement employment conditions; and a notice about parental leave given by a continuing ch 2 employee in compliance with old section 19, 20, 21 or 21A a notice about parental leave given by a continuing ch 2A employee in compliance with old section 71GH, 71GI, 71GJ or 71GK the notice or other document is relevant to a matter or circumstance occurring on or after the commencement; and there is a requirement under this Act, or an industrial instrument under this Act, that has substantially the same effect as the requirement mentioned in paragraph (a).\n(sec.1010-ssec.2) If the context permits, the employee or employer is taken to have complied with the requirement mentioned in subsection (1)(c).\n- (a) before the commencement, the continuing employee or the employee’s employer gave a notice or other document in compliance with a requirement under the pre-commencement employment conditions; and Examples— a notice about parental leave given by a continuing ch 2 employee in compliance with old section 19, 20, 21 or 21A a notice about parental leave given by a continuing ch 2A employee in compliance with old section 71GH, 71GI, 71GJ or 71GK\n- (b) the notice or other document is relevant to a matter or circumstance occurring on or after the commencement; and\n- (c) there is a requirement under this Act, or an industrial instrument under this Act, that has substantially the same effect as the requirement mentioned in paragraph (a).","sortOrder":1438},{"sectionNumber":"sec.1011","sectionType":"section","heading":"Annual leave—order about payment for commission","content":"### sec.1011 Annual leave—order about payment for commission\n\nThis section applies if, before the commencement, the commission made an order in relation to the continuing employee on an application under old section 13(4) or 71EF(4).\nFrom the commencement, the order continues to have effect as if it had been made under section 35(4).\nSubsection (2) does not apply if an industrial instrument under this Act provides that the employee is not entitled to receive an amount representing commission in the employee’s annual leave payment.\n(sec.1011-ssec.1) This section applies if, before the commencement, the commission made an order in relation to the continuing employee on an application under old section 13(4) or 71EF(4).\n(sec.1011-ssec.2) From the commencement, the order continues to have effect as if it had been made under section 35(4).\n(sec.1011-ssec.3) Subsection (2) does not apply if an industrial instrument under this Act provides that the employee is not entitled to receive an amount representing commission in the employee’s annual leave payment.","sortOrder":1439},{"sectionNumber":"sec.1012","sectionType":"section","heading":"Annual leave—leave loading payments made before commencement","content":"### sec.1012 Annual leave—leave loading payments made before commencement\n\nAn amount, however described, paid to the continuing employee before the commencement in addition to the employee’s annual leave entitlement under old chapter 2 or 2A is taken to be a prescribed additional amount for section 36(2).","sortOrder":1440},{"sectionNumber":"sec.1013","sectionType":"section","heading":"Parental leave started under repealed Act","content":"### sec.1013 Parental leave started under repealed Act\n\nThis section applies if, immediately before the commencement, the continuing employee was on parental leave under the pre-commencement employment conditions.\nFrom the commencement, the employee is taken to be on the following type of parental leave under this Act—\nif the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name;\nif the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave;\nif the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave;\nif the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave;\nif the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave.\nA reference in chapter 2, part 3 to a type of parental leave includes, if the context permits, a reference to the corresponding type of parental leave under the pre-commencement employment conditions.\nSection 68 does not apply to the employee in relation to the parental leave.\nThe employee may apply under chapter 2, part 3, division 8, subdivision 4 even if the person started parental leave before the commencement.\nFrom the commencement—\nan extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and\nif an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and\nif the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89.\n(sec.1013-ssec.1) This section applies if, immediately before the commencement, the continuing employee was on parental leave under the pre-commencement employment conditions.\n(sec.1013-ssec.2) From the commencement, the employee is taken to be on the following type of parental leave under this Act— if the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name; if the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave; if the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave; if the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave; if the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave.\n(sec.1013-ssec.3) A reference in chapter 2, part 3 to a type of parental leave includes, if the context permits, a reference to the corresponding type of parental leave under the pre-commencement employment conditions.\n(sec.1013-ssec.4) Section 68 does not apply to the employee in relation to the parental leave.\n(sec.1013-ssec.5) The employee may apply under chapter 2, part 3, division 8, subdivision 4 even if the person started parental leave before the commencement.\n(sec.1013-ssec.6) From the commencement— an extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and if an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and if the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89.\n- (a) if the parental leave mentioned in subsection (1) was maternity leave, adoption leave or surrogacy leave—leave of the same name;\n- (b) if the parental leave mentioned in subsection (1) was long parental leave under old chapter 2 other than maternity leave—long birth-related leave;\n- (c) if the parental leave mentioned in subsection (1) was long birth-related leave under old chapter 2A—long birth-related leave;\n- (d) if the parental leave mentioned in subsection (1) was short parental leave under old chapter 2—short birth-related leave;\n- (e) if the parental leave mentioned in subsection (1) was short birth-related leave under old chapter 2A—short birth-related leave.\n- (a) an extension of the parental leave under old section 29(1) or 71GZ(1) is taken to be an extension under section 82(1); and\n- (b) if an application was made under old section 29A, 29B, 71GR or 71GS, but not decided by the employer, before the commencement—the application is taken to have been made under chapter 2, part 3, division 8, subdivision 4; and\n- (c) if the employee was transferred to a safe job under old section 36 or 71GZG before starting maternity leave—for section 88, the employee is taken to be have been transferred to a safe job under section 89.","sortOrder":1441},{"sectionNumber":"sec.1014","sectionType":"section","heading":"Parental leave—application of obligation to advise about significant change","content":"### sec.1014 Parental leave—application of obligation to advise about significant change\n\nSection 72 applies to a decision made, but not implemented, before the commencement.","sortOrder":1442},{"sectionNumber":"sec.1015","sectionType":"section","heading":"Long service leave—agreement or notice under old s 45 or 71HD","content":"### sec.1015 Long service leave—agreement or notice under old s 45 or 71HD\n\nThis section applies if, before the commencement—\nthe employer and employee made an agreement under old section 45(2) or 71HD(2) in relation to long service leave, if any part of the leave was to be taken on or after the commencement; or\nthe employer gave the employee a notice under old section 45(3) or 71HD(3) relating to long service leave, if any part of the leave was required to be taken on or after the commencement.\nThe agreement or notice is taken to have been made or given under section 97.\n(sec.1015-ssec.1) This section applies if, before the commencement— the employer and employee made an agreement under old section 45(2) or 71HD(2) in relation to long service leave, if any part of the leave was to be taken on or after the commencement; or the employer gave the employee a notice under old section 45(3) or 71HD(3) relating to long service leave, if any part of the leave was required to be taken on or after the commencement.\n(sec.1015-ssec.2) The agreement or notice is taken to have been made or given under section 97.\n- (a) the employer and employee made an agreement under old section 45(2) or 71HD(2) in relation to long service leave, if any part of the leave was to be taken on or after the commencement; or\n- (b) the employer gave the employee a notice under old section 45(3) or 71HD(3) relating to long service leave, if any part of the leave was required to be taken on or after the commencement.","sortOrder":1443},{"sectionNumber":"sec.1016","sectionType":"section","heading":"Long service leave—order about payment for commission","content":"### sec.1016 Long service leave—order about payment for commission\n\nThis section applies if, before the commencement, the commission made an order in relation to the employee on an application made under old section 46(7) or 71HF(2)(b).\nFrom the commencement, the order continues to have effect as if it had been made under section 99(3).\nHowever, subsection (2) does not apply if an industrial instrument under this Act provides that the employee is not entitled to receive an amount representing commission in the employee’s long service leave payment.\n(sec.1016-ssec.1) This section applies if, before the commencement, the commission made an order in relation to the employee on an application made under old section 46(7) or 71HF(2)(b).\n(sec.1016-ssec.2) From the commencement, the order continues to have effect as if it had been made under section 99(3).\n(sec.1016-ssec.3) However, subsection (2) does not apply if an industrial instrument under this Act provides that the employee is not entitled to receive an amount representing commission in the employee’s long service leave payment.","sortOrder":1444},{"sectionNumber":"sec.1017","sectionType":"section","heading":"Long service leave—decision by commission about piecework rates","content":"### sec.1017 Long service leave—decision by commission about piecework rates\n\nThis section applies if the employee was paid piecework rates and, before the commencement, the commission decided under old section 46(8) or 71HG the rate the employee should be paid for long service leave.\nFrom the commencement, the decision continues to have effect as if it had been made under section 100.\n(sec.1017-ssec.1) This section applies if the employee was paid piecework rates and, before the commencement, the commission decided under old section 46(8) or 71HG the rate the employee should be paid for long service leave.\n(sec.1017-ssec.2) From the commencement, the decision continues to have effect as if it had been made under section 100.","sortOrder":1445},{"sectionNumber":"sec.1018","sectionType":"section","heading":"Long service leave—existing decisions or agreements about entitlement to, payment for, or taking of, leave","content":"### sec.1018 Long service leave—existing decisions or agreements about entitlement to, payment for, or taking of, leave\n\nThis section applies to any of the following in effect immediately before the commencement—\nan agreement made by an employee and employer, or a decision made by the commission, under old section 46(9), (10) or (11) or 71HH;\nan agreement made under old section 48 or 71HK;\na decision made by the commission under old section 52 or 71HP;\nan agreement made by an employee and employer, or an order made by the commission, under old section 53(2) or (3), or 71HQ(2) or (3).\nFrom the commencement, the agreement, decision or order continues to have effect as if it had been made under the following provisions of this Act—\nif subsection (1)(a) applies—section 101;\nif subsection (1)(b) applies—section 104;\nif subsection (1)(c) applies—section 109;\nif subsection (1)(d) applies—section 110.\nSubsection (2) applies subject to a provision in an industrial instrument under this Act about the payment for, or taking of, the employee’s long service leave.\n(sec.1018-ssec.1) This section applies to any of the following in effect immediately before the commencement— an agreement made by an employee and employer, or a decision made by the commission, under old section 46(9), (10) or (11) or 71HH; an agreement made under old section 48 or 71HK; a decision made by the commission under old section 52 or 71HP; an agreement made by an employee and employer, or an order made by the commission, under old section 53(2) or (3), or 71HQ(2) or (3).\n(sec.1018-ssec.2) From the commencement, the agreement, decision or order continues to have effect as if it had been made under the following provisions of this Act— if subsection (1)(a) applies—section 101; if subsection (1)(b) applies—section 104; if subsection (1)(c) applies—section 109; if subsection (1)(d) applies—section 110.\n(sec.1018-ssec.3) Subsection (2) applies subject to a provision in an industrial instrument under this Act about the payment for, or taking of, the employee’s long service leave.\n- (a) an agreement made by an employee and employer, or a decision made by the commission, under old section 46(9), (10) or (11) or 71HH;\n- (b) an agreement made under old section 48 or 71HK;\n- (c) a decision made by the commission under old section 52 or 71HP;\n- (d) an agreement made by an employee and employer, or an order made by the commission, under old section 53(2) or (3), or 71HQ(2) or (3).\n- (a) if subsection (1)(a) applies—section 101;\n- (b) if subsection (1)(b) applies—section 104;\n- (c) if subsection (1)(c) applies—section 109;\n- (d) if subsection (1)(d) applies—section 110.","sortOrder":1446},{"sectionNumber":"ch.18-pt.2-div.4","sectionType":"division","heading":"Dismissals","content":"## Dismissals","sortOrder":1447},{"sectionNumber":"sec.1019","sectionType":"section","heading":"Provision for old chapter 3, part 4, division 1AA (Redundancy repayments)","content":"### sec.1019 Provision for old chapter 3, part 4, division 1AA (Redundancy repayments)\n\nOld chapter 3, part 4, division 1AA continues to apply, despite its repeal, to an employee to whom it applied immediately before the commencement.","sortOrder":1448},{"sectionNumber":"ch.18-pt.2-div.5","sectionType":"division","heading":"Freedom of association","content":"## Freedom of association","sortOrder":1449},{"sectionNumber":"sec.1020","sectionType":"section","heading":"Provision for old chapter 4 (Freedom of association)","content":"### sec.1020 Provision for old chapter 4 (Freedom of association)\n\nOld chapter 4 continues to apply, despite its repeal, after the commencement in relation to conduct to which it applies that was engaged in, or was proposed to be engaged in, before the commencement, and chapter 8 does not apply.","sortOrder":1450},{"sectionNumber":"ch.18-pt.2-div.6","sectionType":"division","heading":"Existing collective bargaining processes","content":"## Existing collective bargaining processes","sortOrder":1451},{"sectionNumber":"sec.1021","sectionType":"section","heading":"Application of division","content":"### sec.1021 Application of division\n\nThis division applies if, before the commencement—\na notice of intention to negotiate a certified agreement was given under old section 143; and\nan application to certify the agreement was not made to the commission under old section 153; and\nthe requirement under old section 149(4) to determine the matter by arbitration had not started to apply.\n- (a) a notice of intention to negotiate a certified agreement was given under old section 143; and\n- (b) an application to certify the agreement was not made to the commission under old section 153; and\n- (c) the requirement under old section 149(4) to determine the matter by arbitration had not started to apply.","sortOrder":1452},{"sectionNumber":"sec.1021A","sectionType":"section","heading":"Continuation of bargaining under this Act","content":"### sec.1021A Continuation of bargaining under this Act\n\nFrom the commencement, chapter 4 applies in relation to the negotiations for the proposed agreement.\nFor subsection (1), a step taken in relation to the proposed agreement under a provision of the repealed Act has effect, if the context permits, as if the step had been taken under this Act.\nthe giving of the notice of intention under old section 143\nthe giving of a notice under old section 143(4) or (5) in relation to a project agreement or multi-employer agreement\nthe making of a request by the negotiating parties under old section 148 that the commission help the parties negotiate the agreement\nSubsection (2) does not apply to the making of an agreement with employees under old section 147A.\n(sec.1021A-ssec.1) From the commencement, chapter 4 applies in relation to the negotiations for the proposed agreement.\n(sec.1021A-ssec.2) For subsection (1), a step taken in relation to the proposed agreement under a provision of the repealed Act has effect, if the context permits, as if the step had been taken under this Act. the giving of the notice of intention under old section 143 the giving of a notice under old section 143(4) or (5) in relation to a project agreement or multi-employer agreement the making of a request by the negotiating parties under old section 148 that the commission help the parties negotiate the agreement\n(sec.1021A-ssec.3) Subsection (2) does not apply to the making of an agreement with employees under old section 147A.\n- • the giving of the notice of intention under old section 143\n- • the giving of a notice under old section 143(4) or (5) in relation to a project agreement or multi-employer agreement\n- • the making of a request by the negotiating parties under old section 148 that the commission help the parties negotiate the agreement","sortOrder":1453},{"sectionNumber":"sec.1021B","sectionType":"section","heading":"Taking of protected industrial action under this Act","content":"### sec.1021B Taking of protected industrial action under this Act\n\nThis section applies if, immediately before the commencement—\na negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or\nhad a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.\nFrom the commencement, the negotiating party is taken to satisfy the requirements under chapter 4, part 8 of this Act for taking protected industrial action in relation to the proposed agreement.\nTo remove any doubt, it is declared that old section 150A does not apply to the taking of protected industrial action under this Act.\nUnder chapter 4, part 8 of this Act, protected industrial action may be taken during conciliation—see section 233.\nThis section does not limit section 1021A.\n(sec.1021B-ssec.1) This section applies if, immediately before the commencement— a negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or had a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.\n(sec.1021B-ssec.2) From the commencement, the negotiating party is taken to satisfy the requirements under chapter 4, part 8 of this Act for taking protected industrial action in relation to the proposed agreement.\n(sec.1021B-ssec.3) To remove any doubt, it is declared that old section 150A does not apply to the taking of protected industrial action under this Act. Under chapter 4, part 8 of this Act, protected industrial action may be taken during conciliation—see section 233.\n(sec.1021B-ssec.4) This section does not limit section 1021A.\n- (a) a negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or\n- (b) had a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.","sortOrder":1454},{"sectionNumber":"sec.1021C","sectionType":"section","heading":"Continuation of protected action ballot process under repealed Act","content":"### sec.1021C Continuation of protected action ballot process under repealed Act\n\nThis section applies if—\na PABO application was not decided immediately before the commencement; or\nboth of the following apply—\na protected action ballot order was made under the repealed Act in relation to the proposed agreement;\nimmediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.\nChapter 6 and schedule 4 of the repealed Act continue to apply for—\ndeciding the PABO application mentioned in subsection (1)(a) and, if the application is granted, conducting the protected action ballot; or\nconducting the protected action ballot mentioned in subsection (1)(b).\nProtected industrial action may be taken in relation to the proposed agreement under the repealed Act.\nHowever, the 30-day period mentioned in section 176(3)(e)(i) of the repealed Act can not be extended under section 176 (7) of that Act.\nThis section does not prevent protected industrial action being taken for the proposed agreement under this Act.\nThis section applies despite section 1021A.\nIn this section—\nPABO application means an application made under the repealed Act by a negotiating party for the making of a protected action ballot order in relation to proposed industrial action for the proposed agreement.\n(sec.1021C-ssec.1) This section applies if— a PABO application was not decided immediately before the commencement; or both of the following apply— a protected action ballot order was made under the repealed Act in relation to the proposed agreement; immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.\n(sec.1021C-ssec.2) Chapter 6 and schedule 4 of the repealed Act continue to apply for— deciding the PABO application mentioned in subsection (1)(a) and, if the application is granted, conducting the protected action ballot; or conducting the protected action ballot mentioned in subsection (1)(b).\n(sec.1021C-ssec.3) Protected industrial action may be taken in relation to the proposed agreement under the repealed Act.\n(sec.1021C-ssec.4) However, the 30-day period mentioned in section 176(3)(e)(i) of the repealed Act can not be extended under section 176 (7) of that Act.\n(sec.1021C-ssec.5) This section does not prevent protected industrial action being taken for the proposed agreement under this Act.\n(sec.1021C-ssec.6) This section applies despite section 1021A.\n(sec.1021C-ssec.7) In this section— PABO application means an application made under the repealed Act by a negotiating party for the making of a protected action ballot order in relation to proposed industrial action for the proposed agreement.\n- (a) a PABO application was not decided immediately before the commencement; or\n- (b) both of the following apply— (i) a protected action ballot order was made under the repealed Act in relation to the proposed agreement; (ii) immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.\n- (i) a protected action ballot order was made under the repealed Act in relation to the proposed agreement;\n- (ii) immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.\n- (i) a protected action ballot order was made under the repealed Act in relation to the proposed agreement;\n- (ii) immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.\n- (a) deciding the PABO application mentioned in subsection (1)(a) and, if the application is granted, conducting the protected action ballot; or\n- (b) conducting the protected action ballot mentioned in subsection (1)(b).","sortOrder":1455},{"sectionNumber":"sec.1021D","sectionType":"section","heading":"Continuation of conciliation etc.","content":"### sec.1021D Continuation of conciliation etc.\n\nThis section applies if, immediately before the commencement, the commission was helping the parties negotiate under old chapter 6, division 1, subdivision 2.\nFrom the commencement—\nthe conciliation process continues under chapter 4, part 3 of this Act; and\nprotected industrial action may be taken under chapter 4, part 8 of this Act.\nFor section 177, conciliation of the matter started when conciliation started under the repealed Act.\nAn order made by the commission before the commencement under old section 148A continues in effect despite the repeal of the repealed Act.\nThis section does not limit section 1021A.\n(sec.1021D-ssec.1) This section applies if, immediately before the commencement, the commission was helping the parties negotiate under old chapter 6, division 1, subdivision 2.\n(sec.1021D-ssec.2) From the commencement— the conciliation process continues under chapter 4, part 3 of this Act; and protected industrial action may be taken under chapter 4, part 8 of this Act.\n(sec.1021D-ssec.3) For section 177, conciliation of the matter started when conciliation started under the repealed Act.\n(sec.1021D-ssec.4) An order made by the commission before the commencement under old section 148A continues in effect despite the repeal of the repealed Act.\n(sec.1021D-ssec.5) This section does not limit section 1021A.\n- (a) the conciliation process continues under chapter 4, part 3 of this Act; and\n- (b) protected industrial action may be taken under chapter 4, part 8 of this Act.","sortOrder":1456},{"sectionNumber":"ch.18-pt.2-div.7","sectionType":"division","heading":"Industrial tribunals and registry","content":"## Industrial tribunals and registry","sortOrder":1457},{"sectionNumber":"sec.1022","sectionType":"section","heading":"Continuation of members of court, commission and registry","content":"### sec.1022 Continuation of members of court, commission and registry\n\nThis section applies to a person who, immediately before the commencement, was appointed under the repealed Act to the office of—\nthe president of the court;\nthe vice-president of the court;\na deputy president (court);\na deputy president of the commission;\nan industrial commissioner;\nan associate to the president, vice-president, a deputy president or an industrial commissioner;\nthe registrar.\nThe person’s appointment to the office continues under this Act on the same terms and conditions of appointment that applied to the person immediately before the commencement, including a term about when the appointment ends.\n(sec.1022-ssec.1) This section applies to a person who, immediately before the commencement, was appointed under the repealed Act to the office of— the president of the court; the vice-president of the court; a deputy president (court); a deputy president of the commission; an industrial commissioner; an associate to the president, vice-president, a deputy president or an industrial commissioner; the registrar.\n(sec.1022-ssec.2) The person’s appointment to the office continues under this Act on the same terms and conditions of appointment that applied to the person immediately before the commencement, including a term about when the appointment ends.\n- (a) the president of the court;\n- (b) the vice-president of the court;\n- (c) a deputy president (court);\n- (d) a deputy president of the commission;\n- (e) an industrial commissioner;\n- (f) an associate to the president, vice-president, a deputy president or an industrial commissioner;\n- (g) the registrar.","sortOrder":1458},{"sectionNumber":"sec.1023","sectionType":"section","heading":"Existing proceedings","content":"### sec.1023 Existing proceedings\n\nThis section applies if—\nbefore the commencement, a person started a proceeding under the repealed Act; and\nimmediately before the commencement, the proceeding had not ended.\nThe repealed Act continues to apply to the proceeding, and the proceeding must be heard and decided, as if the Industrial Relations Act 2016 had not commenced.\n(sec.1023-ssec.1) This section applies if— before the commencement, a person started a proceeding under the repealed Act; and immediately before the commencement, the proceeding had not ended.\n(sec.1023-ssec.2) The repealed Act continues to apply to the proceeding, and the proceeding must be heard and decided, as if the Industrial Relations Act 2016 had not commenced.\n- (a) before the commencement, a person started a proceeding under the repealed Act; and\n- (b) immediately before the commencement, the proceeding had not ended.","sortOrder":1459},{"sectionNumber":"sec.1024","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.1024 Proceedings not yet started\n\nThis section applies if—\nimmediately before the commencement, a person could, under the repealed Act, have started a proceeding within a particular period; and\non the commencement, the person has not started the proceeding.\nThe Industrial Relations Act 2016 does not apply to the proceeding.\nThe person may, within the period mentioned in paragraph (1)(a), start the proceeding under the repealed Act, and the proceeding must be heard and decided, as if the Industrial Relations Act 2016 had not commenced.\n(sec.1024-ssec.1) This section applies if— immediately before the commencement, a person could, under the repealed Act, have started a proceeding within a particular period; and on the commencement, the person has not started the proceeding.\n(sec.1024-ssec.2) The Industrial Relations Act 2016 does not apply to the proceeding.\n(sec.1024-ssec.3) The person may, within the period mentioned in paragraph (1)(a), start the proceeding under the repealed Act, and the proceeding must be heard and decided, as if the Industrial Relations Act 2016 had not commenced.\n- (a) immediately before the commencement, a person could, under the repealed Act, have started a proceeding within a particular period; and\n- (b) on the commencement, the person has not started the proceeding.","sortOrder":1460},{"sectionNumber":"sec.1025","sectionType":"section","heading":"Application of rules made under repealed Act","content":"### sec.1025 Application of rules made under repealed Act\n\nThe rules made under old section 338, as in force immediately before the commencement, continue to have effect as if they were rules made under section 551.\n(sec.1025-ssec) The rules made under old section 338, as in force immediately before the commencement, continue to have effect as if they were rules made under section 551.","sortOrder":1461},{"sectionNumber":"ch.18-pt.2-div.8","sectionType":"division","heading":"Enforcement","content":"## Enforcement","sortOrder":1462},{"sectionNumber":"sec.1026","sectionType":"section","heading":"Continued appointment of inspectors","content":"### sec.1026 Continued appointment of inspectors\n\nThis section applies to a person who, immediately before the commencement, was appointed as an inspector under the repealed Act.\nThe person continues as an inspector under this Act on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.1026-ssec.1) This section applies to a person who, immediately before the commencement, was appointed as an inspector under the repealed Act.\n(sec.1026-ssec.2) The person continues as an inspector under this Act on the same terms of appointment that applied to the person immediately before the commencement.","sortOrder":1463},{"sectionNumber":"ch.18-pt.2-div.9","sectionType":"division","heading":"Records and wages","content":"## Records and wages","sortOrder":1464},{"sectionNumber":"sec.1027","sectionType":"section","heading":"Authorised industrial officers taken to be authorised under this Act","content":"### sec.1027 Authorised industrial officers taken to be authorised under this Act\n\nThis section applies to an authority issued by the registrar under old section 364 that, immediately before the commencement, was still in force or had been suspended.\nThe authority is taken to have been issued under section 337.\nThe authority continues to be subject to any conditions that applied to the authority immediately before the commencement as if the conditions were imposed under this Act.\nIf the authority was, immediately before the commencement, suspended under old section 365 for a period, the authority continues to be suspended for the period.\n(sec.1027-ssec.1) This section applies to an authority issued by the registrar under old section 364 that, immediately before the commencement, was still in force or had been suspended.\n(sec.1027-ssec.2) The authority is taken to have been issued under section 337.\n(sec.1027-ssec.3) The authority continues to be subject to any conditions that applied to the authority immediately before the commencement as if the conditions were imposed under this Act.\n(sec.1027-ssec.4) If the authority was, immediately before the commencement, suspended under old section 365 for a period, the authority continues to be suspended for the period.","sortOrder":1465},{"sectionNumber":"sec.1028","sectionType":"section","heading":"Applications under old s 365(1) continued","content":"### sec.1028 Applications under old s 365(1) continued\n\nThis section applies to an application made under old section 365(1) that, immediately before the commencement—\nhad not been finally decided by the commission; or\nhad been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or\nthe application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided.\nThe application is taken to have been made under section 338.\nWithout limiting subsection (2), an appeal or review in relation to a decision by the commission about the application may be started or continued as if the application and the decision about the application, had been made under this Act.\n(sec.1028-ssec.1) This section applies to an application made under old section 365(1) that, immediately before the commencement— had not been finally decided by the commission; or had been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or the application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided.\n(sec.1028-ssec.2) The application is taken to have been made under section 338.\n(sec.1028-ssec.3) Without limiting subsection (2), an appeal or review in relation to a decision by the commission about the application may be started or continued as if the application and the decision about the application, had been made under this Act.\n- (a) had not been finally decided by the commission; or\n- (b) had been finally decided by the commission but for which the period for an appeal or review of the decision had not finished; or\n- (c) the application had been finally decided by the commission but for which an appeal or review of the commission’s decision had not been finally decided.","sortOrder":1466},{"sectionNumber":"sec.1029","sectionType":"section","heading":"Notices taken to be issued under this Act","content":"### sec.1029 Notices taken to be issued under this Act\n\nA notice issued under a provision of the repealed Act mentioned in column 1 that was in force immediately before the commencement is taken to have been issued under the provision set out opposite the former provision in column 2—\nProvision of the repealed Act\nProvision of this Act\nsection 371\nsection 344\nsection 373A\nsection 345\nsection 374\nsection 346","sortOrder":1467},{"sectionNumber":"sec.1030","sectionType":"section","heading":"Written objection taken to be made under this Act","content":"### sec.1030 Written objection taken to be made under this Act\n\nA written objection made and not revoked before the commencement, is taken to have been made under section 344.\nIn this section—\nwritten objection means a written request made by a member employee or a person eligible to be a member employee under old section 373 that a time and wages record for the employee not be made available to authorised industrial officers or a particular authorised industrial officer.\n(sec.1030-ssec.1) A written objection made and not revoked before the commencement, is taken to have been made under section 344.\n(sec.1030-ssec.2) In this section— written objection means a written request made by a member employee or a person eligible to be a member employee under old section 373 that a time and wages record for the employee not be made available to authorised industrial officers or a particular authorised industrial officer.","sortOrder":1468},{"sectionNumber":"sec.1031","sectionType":"section","heading":"Continuation of agreement about contributions to superannuation fund","content":"### sec.1031 Continuation of agreement about contributions to superannuation fund\n\nAn employer may continue to contribute to another superannuation fund in accordance with an agreement under repealed section 405.\nIn this section—\nrepealed section 405 means the Industrial Relations Act 1999 , section 405 as in force immediately before 1 April 2005.\n(sec.1031-ssec.1) An employer may continue to contribute to another superannuation fund in accordance with an agreement under repealed section 405.\n(sec.1031-ssec.2) In this section— repealed section 405 means the Industrial Relations Act 1999 , section 405 as in force immediately before 1 April 2005.","sortOrder":1469},{"sectionNumber":"ch.18-pt.2-div.10","sectionType":"division","heading":"Private employment agents’ fees","content":"## Private employment agents’ fees","sortOrder":1470},{"sectionNumber":"sec.1032","sectionType":"section","heading":"Orders and applications under old ch 11A","content":"### sec.1032 Orders and applications under old ch 11A\n\nOld chapter 11A continues to apply, despite its repeal, in relation to fees received by private employment agents in contravention of old section 408D(1) or (2) before the commencement.\nWithout limiting subsection (1)—\nan application made under old section 408F or 408G, but not decided, before the commencement may continue to be dealt with under old chapter 11A; and\nan application may be made under old section 408F or 408G in relation to a fee mentioned in subsection (1); and\nold section 408H—\ncontinues to apply to an order made under old section 408E or 408G before the commencement; or\napplies to an order made under old section 408E or 408G on or after the commencement as the section is continued in effect under subsection (1).\n(sec.1032-ssec.1) Old chapter 11A continues to apply, despite its repeal, in relation to fees received by private employment agents in contravention of old section 408D(1) or (2) before the commencement.\n(sec.1032-ssec.2) Without limiting subsection (1)— an application made under old section 408F or 408G, but not decided, before the commencement may continue to be dealt with under old chapter 11A; and an application may be made under old section 408F or 408G in relation to a fee mentioned in subsection (1); and old section 408H— continues to apply to an order made under old section 408E or 408G before the commencement; or applies to an order made under old section 408E or 408G on or after the commencement as the section is continued in effect under subsection (1).\n- (a) an application made under old section 408F or 408G, but not decided, before the commencement may continue to be dealt with under old chapter 11A; and\n- (b) an application may be made under old section 408F or 408G in relation to a fee mentioned in subsection (1); and\n- (c) old section 408H— (i) continues to apply to an order made under old section 408E or 408G before the commencement; or (ii) applies to an order made under old section 408E or 408G on or after the commencement as the section is continued in effect under subsection (1).\n- (i) continues to apply to an order made under old section 408E or 408G before the commencement; or\n- (ii) applies to an order made under old section 408E or 408G on or after the commencement as the section is continued in effect under subsection (1).\n- (i) continues to apply to an order made under old section 408E or 408G before the commencement; or\n- (ii) applies to an order made under old section 408E or 408G on or after the commencement as the section is continued in effect under subsection (1).","sortOrder":1471},{"sectionNumber":"ch.18-pt.2-div.11","sectionType":"division","heading":"Industrial organisations and associated entities","content":"## Industrial organisations and associated entities","sortOrder":1472},{"sectionNumber":"sec.1033","sectionType":"section","heading":"Organisations under repealed Act to continue","content":"### sec.1033 Organisations under repealed Act to continue\n\nA body that was an organisation under the repealed Act immediately before the commencement is taken to be an organisation under this Act.","sortOrder":1473},{"sectionNumber":"sec.1034","sectionType":"section","heading":"Provision for old s 415 (General requirements for applications)","content":"### sec.1034 Provision for old s 415 (General requirements for applications)\n\nA registration application filed under the old section 415 but not decided before the commencement must be decided as if it had been filed under section 603 of this Act.","sortOrder":1474},{"sectionNumber":"sec.1035","sectionType":"section","heading":"Provision for old s 426 (Registrar’s functions for register and rules)","content":"### sec.1035 Provision for old s 426 (Registrar’s functions for register and rules)\n\nThe register of organisations kept by the registrar under old section 426 immediately before the commencement is taken to be the register of organisations kept by the registrar under section 614(1) of this Act.\nA copy of an organisation’s rules kept by the registrar under old section 426 immediately before the commencement is taken to be the copy of the organisation’s rules kept by the registrar under section 614(2) of this Act.\n(sec.1035-ssec.1) The register of organisations kept by the registrar under old section 426 immediately before the commencement is taken to be the register of organisations kept by the registrar under section 614(1) of this Act.\n(sec.1035-ssec.2) A copy of an organisation’s rules kept by the registrar under old section 426 immediately before the commencement is taken to be the copy of the organisation’s rules kept by the registrar under section 614(2) of this Act.","sortOrder":1475},{"sectionNumber":"sec.1036","sectionType":"section","heading":"Provision for old s 427 (Change of callings)","content":"### sec.1036 Provision for old s 427 (Change of callings)\n\nA application filed by an organisation under old section 427 to change its list of callings but not decided before the commencement must be dealt with as if it had been filed under section 615 of this Act.","sortOrder":1476},{"sectionNumber":"sec.1037","sectionType":"section","heading":"Provision for old s 428 (Organisation must have complying rules)","content":"### sec.1037 Provision for old s 428 (Organisation must have complying rules)\n\nAn organisation’s rules for matters required of it under old chapter 12, parts 3 and 4 as in force immediately before the commencement continue to be the organisation’s rules for matters required of it under chapter 12, parts 3 and 4 of this Act.\n(sec.1037-ssec.1) An organisation’s rules for matters required of it under old chapter 12, parts 3 and 4 as in force immediately before the commencement continue to be the organisation’s rules for matters required of it under chapter 12, parts 3 and 4 of this Act.","sortOrder":1477},{"sectionNumber":"sec.1038","sectionType":"section","heading":"Provision for old s 447 (Approval application)","content":"### sec.1038 Provision for old s 447 (Approval application)\n\nA application filed by an organisation under old section 447 for approval for ballots to decide the result of its elections for its elected officers not to be postal ballots but not decided before the commencement must be dealt with as if it had been filed under section 635 of this Act.","sortOrder":1478},{"sectionNumber":"sec.1039","sectionType":"section","heading":"Provision for old s 459 (Powers of commission)","content":"### sec.1039 Provision for old s 459 (Powers of commission)\n\nAn application made under old section 459 but not decided before the commencement must be dealt with as if it had been made under section 646 of this Act.","sortOrder":1479},{"sectionNumber":"sec.1040","sectionType":"section","heading":"Provision for old s 461 (Financial help for application)","content":"### sec.1040 Provision for old s 461 (Financial help for application)\n\nAn application made under old section 461 but not decided before the commencement must be dealt with as if it had been made under section 648 of this Act.","sortOrder":1480},{"sectionNumber":"sec.1041","sectionType":"section","heading":"Provision for old s 466 (Breach of demarcation dispute undertaking)","content":"### sec.1041 Provision for old s 466 (Breach of demarcation dispute undertaking)\n\nA demarcation dispute undertaking given by an organisation to the commission and in force immediately before the commencement continues in force according to its terms.","sortOrder":1481},{"sectionNumber":"sec.1042","sectionType":"section","heading":"Provision for old s 468 (Amendment to cure noncompliance if rule declared void)","content":"### sec.1042 Provision for old s 468 (Amendment to cure noncompliance if rule declared void)\n\nThis section applies if—\nthe court made a declaration mentioned in old section 468(1)(a) about a contravention of old section 435; and\nthe organisation’s rules have not been amended to address the contravention within 3 months after the declaration is made.\nThe appropriate tribunal may amend the rules to comply with section 623 for the matters that gave rise to the declaration.\nIn this section—\nappropriate tribunal means—\nfor an organisation’s eligibility rules—the commission; or\nfor other rules—the registrar.\n(sec.1042-ssec.1) This section applies if— the court made a declaration mentioned in old section 468(1)(a) about a contravention of old section 435; and the organisation’s rules have not been amended to address the contravention within 3 months after the declaration is made.\n(sec.1042-ssec.2) The appropriate tribunal may amend the rules to comply with section 623 for the matters that gave rise to the declaration.\n(sec.1042-ssec.3) In this section— appropriate tribunal means— for an organisation’s eligibility rules—the commission; or for other rules—the registrar.\n- (a) the court made a declaration mentioned in old section 468(1)(a) about a contravention of old section 435; and\n- (b) the organisation’s rules have not been amended to address the contravention within 3 months after the declaration is made.\n- (a) for an organisation’s eligibility rules—the commission; or\n- (b) for other rules—the registrar.","sortOrder":1482},{"sectionNumber":"sec.1043","sectionType":"section","heading":"Provision for old s 472 (Approval to change ‘union’ to ‘organisation’ in name)","content":"### sec.1043 Provision for old s 472 (Approval to change ‘union’ to ‘organisation’ in name)\n\nAn application made for an order under old section 472 but not decided before the commencement must be dealt with as if it had been made for an order under section 660 of this Act.","sortOrder":1483},{"sectionNumber":"sec.1044","sectionType":"section","heading":"Provision for old s 473 (Approval for other name amendment)","content":"### sec.1044 Provision for old s 473 (Approval for other name amendment)\n\nAn application made for an order under old section 473 but not decided before the commencement must be dealt with as if it had been made for an order under section 661 of this Act.","sortOrder":1484},{"sectionNumber":"sec.1045","sectionType":"section","heading":"Provision for old s 474 (Approval for eligibility rule amendment)","content":"### sec.1045 Provision for old s 474 (Approval for eligibility rule amendment)\n\nAn application made for an order under old section 474 but not decided before the commencement must be dealt with as if it had been made for an order under section 662 of this Act.","sortOrder":1485},{"sectionNumber":"sec.1046","sectionType":"section","heading":"Provision for old s 478 (When amendment may be made)","content":"### sec.1046 Provision for old s 478 (When amendment may be made)\n\nAn application made for an approval under old section 478 but not decided before the commencement must be dealt with as if it had been made for an approval under section 666 of this Act.","sortOrder":1486},{"sectionNumber":"sec.1047","sectionType":"section","heading":"Provision for old s 482 (Registrar must arrange for elections)","content":"### sec.1047 Provision for old s 482 (Registrar must arrange for elections)\n\nAn election arranged by the registrar under old section 482 before the commencement to be conducted after the commencement may be conducted as if it had been arranged under section 670 of this Act.","sortOrder":1487},{"sectionNumber":"sec.1048","sectionType":"section","heading":"Provision for old s 502 (Referral to commission)","content":"### sec.1048 Provision for old s 502 (Referral to commission)\n\nAn election inquiry started in the commission under old section 502 but not completed before the commencement may be completed after the commencement as if it had been started under section 690 of this Act.","sortOrder":1488},{"sectionNumber":"sec.1049","sectionType":"section","heading":"Provision for old s 503 (Commission may authorise registrar to investigate)","content":"### sec.1049 Provision for old s 503 (Commission may authorise registrar to investigate)\n\nAn order of the commission authorising the registrar to do anything mentioned in old section 503(1) that had not been completed before the commencement may be acted on and completed as if the order had been made by the commission under section 691 of this Act.","sortOrder":1489},{"sectionNumber":"sec.1050","sectionType":"section","heading":"Provision for old s 512 (Financial help for application)","content":"### sec.1050 Provision for old s 512 (Financial help for application)\n\nAn application made under old section 512 but not decided before the commencement must be dealt with as if it had been made under section 700 of this Act.","sortOrder":1490},{"sectionNumber":"sec.1051","sectionType":"section","heading":"Provision for old s 519 (Prospective candidates)","content":"### sec.1051 Provision for old s 519 (Prospective candidates)\n\nAn application made under old section 519 but not decided before the commencement must be dealt with as if it had been made under section 706 of this Act.","sortOrder":1491},{"sectionNumber":"sec.1052","sectionType":"section","heading":"Provision for old s 520 (Existing office holders)","content":"### sec.1052 Provision for old s 520 (Existing office holders)\n\nAn application made under old section 520 but not decided before the commencement must be dealt with as if it had been made under section 707 of this Act.","sortOrder":1492},{"sectionNumber":"sec.1053","sectionType":"section","heading":"Provision for old s 524 (Declaration about eligibility or ceasing to hold office)","content":"### sec.1053 Provision for old s 524 (Declaration about eligibility or ceasing to hold office)\n\nAn application made under old section 524 but not decided before the commencement must be dealt with as if it had been made under section 711 of this Act.","sortOrder":1493},{"sectionNumber":"sec.1054","sectionType":"section","heading":"Provision for old s 535 (Recovering member’s liabilities)","content":"### sec.1054 Provision for old s 535 (Recovering member’s liabilities)\n\nAn application made under old section 535 but not decided before the commencement must be decided with as if it had been made under section 722 of this Act.","sortOrder":1494},{"sectionNumber":"sec.1055","sectionType":"section","heading":"Provision for old s 554 (Obligation to keep accounting records)","content":"### sec.1055 Provision for old s 554 (Obligation to keep accounting records)\n\nOld section 554 continues, despite its repeal, to have effect after the commencement in relation to each organisation to which it applies until its effect, according to its terms, in relation to the organisation is spent.","sortOrder":1495},{"sectionNumber":"sec.1056","sectionType":"section","heading":"Provision for old s 555 (Obligation to prepare accounts)","content":"### sec.1056 Provision for old s 555 (Obligation to prepare accounts)\n\nA reporting unit’s general purpose financial report prepared under section 763 of this Act for the first financial year ending after the commencement may consist of the accounts and statements that the reporting unit would be required to prepare under old section 555 were that section to apply to the reporting unit.","sortOrder":1496},{"sectionNumber":"sec.1057","sectionType":"section","heading":"Provision for old s 557A (Register of gifts, hospitality and other benefits given and received must be kept)","content":"### sec.1057 Provision for old s 557A (Register of gifts, hospitality and other benefits given and received must be kept)\n\nA register of benefits kept by an organisation under old section 557A immediately before the commencement is taken to be a register of benefits kept by the organisation under section 742 of this Act.","sortOrder":1497},{"sectionNumber":"sec.1058","sectionType":"section","heading":"Provision for old s 557H (Financial registers must be kept for 7 years)","content":"### sec.1058 Provision for old s 557H (Financial registers must be kept for 7 years)\n\nOld section 557H continues, despite its repeal, to have effect after the commencement until its effect, according to its terms, is spent.","sortOrder":1498},{"sectionNumber":"sec.1059","sectionType":"section","heading":"Provision for old s 557I (Inspection of financial registers)","content":"### sec.1059 Provision for old s 557I (Inspection of financial registers)\n\nOld section 557I continues, despite its repeal, to have effect after the commencement until its effect, according to its terms, is spent.","sortOrder":1499},{"sectionNumber":"sec.1060","sectionType":"section","heading":"Provision for old s 557Y (Financial disclosure statements must be kept for 7 years)","content":"### sec.1060 Provision for old s 557Y (Financial disclosure statements must be kept for 7 years)\n\nOld section 557Y continues, despite its repeal, to have effect after the commencement until its effect, according to its terms, is spent.","sortOrder":1500},{"sectionNumber":"sec.1061","sectionType":"section","heading":"Provision for old s 557Z (Inspection of financial disclosure statements)","content":"### sec.1061 Provision for old s 557Z (Inspection of financial disclosure statements)\n\nOld section 557Z continues, despite its repeal, to have effect after the commencement until its effect, according to its terms, is spent.","sortOrder":1501},{"sectionNumber":"sec.1062","sectionType":"section","heading":"Provision for old s 566 (Obligation to publish audit report and financial disclosure statement)","content":"### sec.1062 Provision for old s 566 (Obligation to publish audit report and financial disclosure statement)\n\nA prosecution for a contravention of old section 566 may be brought or continued, and punishment imposed, under the section after the commencement despite the repeal of the section.","sortOrder":1502},{"sectionNumber":"sec.1063","sectionType":"section","heading":"Provision for old s 569 (False or misleading statements about reports or statements)","content":"### sec.1063 Provision for old s 569 (False or misleading statements about reports or statements)\n\nA prosecution for a contravention of old section 569 may be brought or continued, and punishment imposed, under the section after the commencement despite the repeal of the section.","sortOrder":1503},{"sectionNumber":"sec.1064","sectionType":"section","heading":"Provision for old s 570 (Report and statement must be filed and published)","content":"### sec.1064 Provision for old s 570 (Report and statement must be filed and published)\n\nA prosecution for a contravention of old section 570 may be brought or continued, and punishment imposed, under the section after the commencement despite the repeal of the section.","sortOrder":1504},{"sectionNumber":"sec.1065","sectionType":"section","heading":"Provision for old s 571 (Grounds for registrar’s investigation)","content":"### sec.1065 Provision for old s 571 (Grounds for registrar’s investigation)\n\nThis section applies if, immediately before the commencement, the registrar had started an investigation under old section 571 but had not reported the results of the investigation to the chief executive as required under old section 574A.\nDespite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.\n(sec.1065-ssec.1) This section applies if, immediately before the commencement, the registrar had started an investigation under old section 571 but had not reported the results of the investigation to the chief executive as required under old section 574A.\n(sec.1065-ssec.2) Despite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.","sortOrder":1505},{"sectionNumber":"sec.1066","sectionType":"section","heading":"Provision for old s 575 (Registrar’s examinations and audits","content":"### sec.1066 Provision for old s 575 (Registrar’s examinations and audits\n\nThis section applies if, immediately before the commencement, a registrar’s auditor had started an examination under old section 575 but had not given the registrar an audit report as required under that section.\nDespite the repeal of the repealed Act, that Act continues to apply in relation to the examination.\n(sec.1066-ssec.1) This section applies if, immediately before the commencement, a registrar’s auditor had started an examination under old section 575 but had not given the registrar an audit report as required under that section.\n(sec.1066-ssec.2) Despite the repeal of the repealed Act, that Act continues to apply in relation to the examination.","sortOrder":1506},{"sectionNumber":"sec.1067","sectionType":"section","heading":"Provision for old s 580 (Exemption if federal election held)","content":"### sec.1067 Provision for old s 580 (Exemption if federal election held)\n\nAn exemption granted under old section 580 and in force immediately before the commencement continues to have effect, after the commencement, as if it had been granted under section 802.","sortOrder":1507},{"sectionNumber":"sec.1068","sectionType":"section","heading":"Provision for old s 582 (Exemption)","content":"### sec.1068 Provision for old s 582 (Exemption)\n\nAn exemption granted under old section 582 and in force immediately before the commencement continues to have effect, after the commencement, as if it had been granted under section 804.","sortOrder":1508},{"sectionNumber":"sec.1069","sectionType":"section","heading":"Provision for old s 590 (Who may apply)","content":"### sec.1069 Provision for old s 590 (Who may apply)\n\nAn application for exemption filed under old section 590 but not decided before the commencement is taken to have been filed under section 820.","sortOrder":1509},{"sectionNumber":"sec.1070","sectionType":"section","heading":"Provision for old s 591 (Grant of exemption)","content":"### sec.1070 Provision for old s 591 (Grant of exemption)\n\nAn exemption granted under old section 591 and in force immediately before the commencement continues to have effect as if it had been granted under section 821.","sortOrder":1510},{"sectionNumber":"sec.1071","sectionType":"section","heading":"Provision for old s 594 (Who may apply)","content":"### sec.1071 Provision for old s 594 (Who may apply)\n\nAn application for exemption filed under old section 594 but not decided before the commencement is taken to have been filed under section 812.","sortOrder":1511},{"sectionNumber":"sec.1072","sectionType":"section","heading":"Provision for old s 596 (Publication of application)","content":"### sec.1072 Provision for old s 596 (Publication of application)\n\nThis section applies if—\na notice stating details of an application for exemption has been filed under old section 594 has been published under old section 596; and\nthe application has not been decided.\nThe notice stating details of the application is taken to have been published under section 814.\n(sec.1072-ssec.1) This section applies if— a notice stating details of an application for exemption has been filed under old section 594 has been published under old section 596; and the application has not been decided.\n(sec.1072-ssec.2) The notice stating details of the application is taken to have been published under section 814.\n- (a) a notice stating details of an application for exemption has been filed under old section 594 has been published under old section 596; and\n- (b) the application has not been decided.","sortOrder":1512},{"sectionNumber":"sec.1073","sectionType":"section","heading":"Provision for old s 599 (Obligation to appoint returning officer)","content":"### sec.1073 Provision for old s 599 (Obligation to appoint returning officer)\n\nThis section applies if an organisation or branch complied, or partly complied, with old section 599 but the election for which nominations were called did not take place before the commencement.\nThe organisation or branch is taken to have complied, or partly complied, with section 817 to the same extent it had complied, or partly complied, with old section 599.\n(sec.1073-ssec.1) This section applies if an organisation or branch complied, or partly complied, with old section 599 but the election for which nominations were called did not take place before the commencement.\n(sec.1073-ssec.2) The organisation or branch is taken to have complied, or partly complied, with section 817 to the same extent it had complied, or partly complied, with old section 599.","sortOrder":1513},{"sectionNumber":"sec.1074","sectionType":"section","heading":"Provision for old s 612 (Amalgamations and withdrawals)","content":"### sec.1074 Provision for old s 612 (Amalgamations and withdrawals)\n\nThis section applies to an amalgamation or withdrawal to which old section 612 would have applied if it had not been repealed.\nSection 834 applies to the amalgamation or withdrawal with any necessary changes.\n(sec.1074-ssec.1) This section applies to an amalgamation or withdrawal to which old section 612 would have applied if it had not been repealed.\n(sec.1074-ssec.2) Section 834 applies to the amalgamation or withdrawal with any necessary changes.","sortOrder":1514},{"sectionNumber":"sec.1075","sectionType":"section","heading":"Provision for old s 613 (Commission may decide)","content":"### sec.1075 Provision for old s 613 (Commission may decide)\n\nAn application made to the commission under old section 613 but not decided before the commencement is taken to have been made to the commission under section 835.","sortOrder":1515},{"sectionNumber":"sec.1076","sectionType":"section","heading":"Provision for old s 617 (Amalgamation permitted only under div 2)","content":"### sec.1076 Provision for old s 617 (Amalgamation permitted only under div 2)\n\nAnything done for old section 617 in relation to an amalgamation started but not finished before the commencement is taken to have been done for section 845.","sortOrder":1516},{"sectionNumber":"sec.1077","sectionType":"section","heading":"Provision for old s 622 (Requirements for withdrawal)","content":"### sec.1077 Provision for old s 622 (Requirements for withdrawal)\n\nAnything done for old section 622 in relation to a withdrawal started but not finished before the commencement is taken to have been done for section 844.","sortOrder":1517},{"sectionNumber":"sec.1078","sectionType":"section","heading":"Provision for old s 636A (Making complaint about organisation or officer)","content":"### sec.1078 Provision for old s 636A (Making complaint about organisation or officer)\n\nThis section applies to a complaint made to the chief executive under old section 636A but not finalised at the commencement.\nThe chief executive, and others, may deal with the complaint as if it had been made under section 859.\nSubsection (4) applies if—\nsomething was done or happened in relation to the complaint under a provision of the repealed Act (the old provision ); and\na provision of this Act is a corresponding provision to the old provision.\nThe thing that was done or happened under the old provision is taken to have been done or to have happened under the corresponding provision for the purpose of dealing with the complaint under this Act.\nSubsection (4) does not apply to a thing that was done or happened in relation to the complaint if the thing was, or is alleged to be, a contravention of an old provision.\nFor this section, a provision of this Act (the new provision ) is a corresponding provision to an old provision if the new provision deals with its subject matter in a similar way to the way the same subject matter was dealt with by the old provision.\n(sec.1078-ssec.1) This section applies to a complaint made to the chief executive under old section 636A but not finalised at the commencement.\n(sec.1078-ssec.2) The chief executive, and others, may deal with the complaint as if it had been made under section 859.\n(sec.1078-ssec.3) Subsection (4) applies if— something was done or happened in relation to the complaint under a provision of the repealed Act (the old provision ); and a provision of this Act is a corresponding provision to the old provision.\n(sec.1078-ssec.4) The thing that was done or happened under the old provision is taken to have been done or to have happened under the corresponding provision for the purpose of dealing with the complaint under this Act.\n(sec.1078-ssec.5) Subsection (4) does not apply to a thing that was done or happened in relation to the complaint if the thing was, or is alleged to be, a contravention of an old provision.\n(sec.1078-ssec.6) For this section, a provision of this Act (the new provision ) is a corresponding provision to an old provision if the new provision deals with its subject matter in a similar way to the way the same subject matter was dealt with by the old provision.\n- (a) something was done or happened in relation to the complaint under a provision of the repealed Act (the old provision ); and\n- (b) a provision of this Act is a corresponding provision to the old provision.","sortOrder":1518},{"sectionNumber":"sec.1079","sectionType":"section","heading":"Provision for old ch 12, pt 16, div 2","content":"### sec.1079 Provision for old ch 12, pt 16, div 2\n\nThis section applies if an application for the deregistration of an organisation had been filed under old chapter 12, part 16, division 2 but not finally decided before the commencement.\nThe application must be decided, and any deregistration has effect, as if the repealed Act had not been repealed.\n(sec.1079-ssec.1) This section applies if an application for the deregistration of an organisation had been filed under old chapter 12, part 16, division 2 but not finally decided before the commencement.\n(sec.1079-ssec.2) The application must be decided, and any deregistration has effect, as if the repealed Act had not been repealed.","sortOrder":1519},{"sectionNumber":"sec.1080","sectionType":"section","heading":"Provision for old ch 12, pt 16, div 3","content":"### sec.1080 Provision for old ch 12, pt 16, div 3\n\nThis section applies if the commission has brought deregistration proceedings against an organisation under old chapter 12, part 16, division 3 but the proceedings had not finished before the commencement.\nThe proceedings must be decided, and any deregistration has effect, as if the repealed Act had not been repealed.\n(sec.1080-ssec.1) This section applies if the commission has brought deregistration proceedings against an organisation under old chapter 12, part 16, division 3 but the proceedings had not finished before the commencement.\n(sec.1080-ssec.2) The proceedings must be decided, and any deregistration has effect, as if the repealed Act had not been repealed.","sortOrder":1520},{"sectionNumber":"ch.18-pt.2-div.12","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1521},{"sectionNumber":"sec.1081","sectionType":"section","heading":"Provision for old s 664A","content":"### sec.1081 Provision for old s 664A\n\nOld section 664A continues to apply to an act or omission constituting an offence under that section that happened before the commencement.\n(sec.1081-ssec) Old section 664A continues to apply to an act or omission constituting an offence under that section that happened before the commencement.","sortOrder":1522},{"sectionNumber":"sec.1082","sectionType":"section","heading":"Existing declarations of employers not to be national system employers under old s 692","content":"### sec.1082 Existing declarations of employers not to be national system employers under old s 692\n\nA declaration made by regulation under old section 692(3) and in effect immediately before the commencement is taken to have been made under section 955 of this Act.\nA relevant day fixed under old section 692(5) for the declaration made by old section 692(2), or a declaration made under old section 692(3), continues in effect as if it had been fixed under section 956 of this Act.\nAn industrial instrument taken to exist under old section 692D(2) continues to exist for the purposes of section 960 of this Act.\n(sec.1082-ssec.1) A declaration made by regulation under old section 692(3) and in effect immediately before the commencement is taken to have been made under section 955 of this Act.\n(sec.1082-ssec.2) A relevant day fixed under old section 692(5) for the declaration made by old section 692(2), or a declaration made under old section 692(3), continues in effect as if it had been fixed under section 956 of this Act.\n(sec.1082-ssec.3) An industrial instrument taken to exist under old section 692D(2) continues to exist for the purposes of section 960 of this Act.","sortOrder":1523},{"sectionNumber":"sec.1083","sectionType":"section","heading":"Existing permits","content":"### sec.1083 Existing permits\n\nA permit issued under old section 695 or 696 that was in effect immediately before the commencement continues in effect under the corresponding provision of this Act.\nFor subsection (1), the corresponding provision of this Act is—\nfor a permit under old section 695—section 978; or\nfor a permit under old section 696—section 979.\n(sec.1083-ssec.1) A permit issued under old section 695 or 696 that was in effect immediately before the commencement continues in effect under the corresponding provision of this Act.\n(sec.1083-ssec.2) For subsection (1), the corresponding provision of this Act is— for a permit under old section 695—section 978; or for a permit under old section 696—section 979.\n- (a) for a permit under old section 695—section 978; or\n- (b) for a permit under old section 696—section 979.","sortOrder":1524},{"sectionNumber":"sec.1084","sectionType":"section","heading":"References to repealed Act","content":"### sec.1084 References to repealed Act\n\nA reference in an Act or document to the repealed Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":1525},{"sectionNumber":"sec.1085","sectionType":"section","heading":null,"content":"### Section sec.1085\n\ns 1085 exp 1 March 2018 (see s 1085(4))","sortOrder":1526},{"sectionNumber":"ch.18-pt.3","sectionType":"part","heading":"Transitional provision for Workers’ Compensation and Rehabilitation (Coal Workers’ Pneumoconiosis) and Other Legislation Amendment Act 2017","content":"# Transitional provision for Workers’ Compensation and Rehabilitation (Coal Workers’ Pneumoconiosis) and Other Legislation Amendment Act 2017","sortOrder":1527},{"sectionNumber":"sec.1086","sectionType":"section","heading":"Existing appeals under Workers’ Compensation and Rehabilitation Act 2003","content":"### sec.1086 Existing appeals under Workers’ Compensation and Rehabilitation Act 2003\n\nThis section applies to an appeal started under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 13, part 3 but not decided before the commencement, if the appeal is against a decision to allow an application for compensation under that Act.\nSection 566 applies to the appeal.\nHowever, this section does not affect an order that the decision be wholly or partly stayed made before the commencement.\ns 1086 ins 2017 No. 27 s 16\n(sec.1086-ssec.1) This section applies to an appeal started under the Workers’ Compensation and Rehabilitation Act 2003 , chapter 13, part 3 but not decided before the commencement, if the appeal is against a decision to allow an application for compensation under that Act.\n(sec.1086-ssec.2) Section 566 applies to the appeal.\n(sec.1086-ssec.3) However, this section does not affect an order that the decision be wholly or partly stayed made before the commencement.","sortOrder":1528},{"sectionNumber":"ch.18-pt.4","sectionType":"part","heading":"Transitional provisions for Community Services Industry (Portable Long Service Leave) Act 2020","content":"# Transitional provisions for Community Services Industry (Portable Long Service Leave) Act 2020","sortOrder":1529},{"sectionNumber":"sec.1087","sectionType":"section","heading":"Existing proceedings not affected by ch 15A, pt 2","content":"### sec.1087 Existing proceedings not affected by ch 15A, pt 2\n\nThis section applies in relation to a proceeding that—\nstarted, but was not completed, before the commencement; and\nrelates to employees’ wage entitlements before the commencement.\nChapter 15A, part 2 does not affect the outcome of the proceeding.\ns 1087 ins 2020 No. 19 s 137\n(sec.1087-ssec.1) This section applies in relation to a proceeding that— started, but was not completed, before the commencement; and relates to employees’ wage entitlements before the commencement.\n(sec.1087-ssec.2) Chapter 15A, part 2 does not affect the outcome of the proceeding.\n- (a) started, but was not completed, before the commencement; and\n- (b) relates to employees’ wage entitlements before the commencement.","sortOrder":1530},{"sectionNumber":"sec.1088","sectionType":"section","heading":"No double payment of 2019 wage adjustment","content":"### sec.1088 No double payment of 2019 wage adjustment\n\nThis section applies if—\non the commencement, a certified agreement is varied under chapter 15A, part 3; and\nafter the commencement, another agreement (the replacement agreement ) is certified under chapter 4 that covers the employees who were covered by the certified agreement mentioned in paragraph (a).\nThe replacement agreement must not provide for an additional wage increase in relation to 2019.\nThis section applies despite chapter 4.\ns 1088 ins 2020 No. 19 s 137\n(sec.1088-ssec.1) This section applies if— on the commencement, a certified agreement is varied under chapter 15A, part 3; and after the commencement, another agreement (the replacement agreement ) is certified under chapter 4 that covers the employees who were covered by the certified agreement mentioned in paragraph (a).\n(sec.1088-ssec.2) The replacement agreement must not provide for an additional wage increase in relation to 2019.\n(sec.1088-ssec.3) This section applies despite chapter 4.\n- (a) on the commencement, a certified agreement is varied under chapter 15A, part 3; and\n- (b) after the commencement, another agreement (the replacement agreement ) is certified under chapter 4 that covers the employees who were covered by the certified agreement mentioned in paragraph (a).","sortOrder":1531},{"sectionNumber":"sec.1089","sectionType":"section","heading":"Application of modified collective bargaining process","content":"### sec.1089 Application of modified collective bargaining process\n\nChapter 15A, part 5 applies in relation to an application to certify an agreement if the application is made on or after the commencement, regardless of when the agreement was made.\ns 1089 ins 2020 No. 19 s 137","sortOrder":1532},{"sectionNumber":"sec.1090","sectionType":"section","heading":null,"content":"### Section sec.1090\n\ns 1090 ins 2020 No. 19 s 137\nexp 30 September 2020 (see s 1090(4))","sortOrder":1533},{"sectionNumber":"ch.18-pt.5","sectionType":"part","heading":"Transitional provisions for Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020","content":"# Transitional provisions for Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020","sortOrder":1534},{"sectionNumber":"sec.1091","sectionType":"section","heading":"Application of provisions about fair work claims","content":"### sec.1091 Application of provisions about fair work claims\n\nChapter 11, part 3, division 4 only applies to a proceeding for a fair work claim that is started after the commencement.\ns 1091 ins 2020 No. 34 s 15","sortOrder":1535},{"sectionNumber":"sec.1092","sectionType":"section","heading":"Application of provisions about conciliation of unpaid amount claims","content":"### sec.1092 Application of provisions about conciliation of unpaid amount claims\n\nChapter 11, part 5, division 5A only applies to a proceeding for an unpaid amount claim that is started after the commencement.\ns 1092 ins 2020 No. 34 s 15","sortOrder":1536},{"sectionNumber":"ch.18-pt.6","sectionType":"part","heading":"Transitional provisions for Industrial Relations and Other Legislation Amendment Act 2022","content":"# Transitional provisions for Industrial Relations and Other Legislation Amendment Act 2022","sortOrder":1537},{"sectionNumber":"sec.1093","sectionType":"section","heading":"Declaration about sick leave being exclusive of public holidays","content":"### sec.1093 Declaration about sick leave being exclusive of public holidays\n\nTo remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave.\nSection 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.\nAn existing industrial instrument is an industrial instrument—\nin effect before the commencement; and\nthat provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.\nA replacement industrial instrument , in relation to an existing industrial instrument, is an industrial instrument—\nmade after the commencement; and\nthat covers the same, or substantially the same, employees as the existing industrial instrument; and\nthat provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.\ns 1093 ins 2022 No. 27 s 62\n(sec.1093-ssec.1) To remove any doubt, it is declared that sick leave under section 40 is, and always has been, exclusive of a public holiday that falls during the leave.\n(sec.1093-ssec.2) Section 40, as in force from the commencement, and subsection (1) do not affect an existing industrial instrument, or a replacement industrial instrument, to the extent the instrument provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.\n(sec.1093-ssec.3) An existing industrial instrument is an industrial instrument— in effect before the commencement; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.\n(sec.1093-ssec.4) A replacement industrial instrument , in relation to an existing industrial instrument, is an industrial instrument— made after the commencement; and that covers the same, or substantially the same, employees as the existing industrial instrument; and that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.\n- (a) in effect before the commencement; and\n- (b) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee.\n- (a) made after the commencement; and\n- (b) that covers the same, or substantially the same, employees as the existing industrial instrument; and\n- (c) that provides for the effect on an employee’s entitlement to sick leave if a public holiday falls during a period of sick leave taken by the employee to be the same, or substantially the same, as under the existing industrial instrument.","sortOrder":1538},{"sectionNumber":"sec.1094","sectionType":"section","heading":"Required evidence for personal leave taken or started before commencement","content":"### sec.1094 Required evidence for personal leave taken or started before commencement\n\nThis section applies in relation to the following leave under chapter 2, part 3, division 6—\nsick leave to which section 41 applies, taken by an employee before the commencement;\ncarer’s leave to which section 45(1) applies, taken by an employee before the commencement;\nbirth-related leave started by an employee before the commencement.\nFormer section 41, 45, 63 or 64 continues to apply in relation to the evidence the employee is required to give the employer for the leave as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 1094 ins 2022 No. 27 s 62\n(sec.1094-ssec.1) This section applies in relation to the following leave under chapter 2, part 3, division 6— sick leave to which section 41 applies, taken by an employee before the commencement; carer’s leave to which section 45(1) applies, taken by an employee before the commencement; birth-related leave started by an employee before the commencement.\n(sec.1094-ssec.2) Former section 41, 45, 63 or 64 continues to apply in relation to the evidence the employee is required to give the employer for the leave as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\n(sec.1094-ssec.3) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.\n- (a) sick leave to which section 41 applies, taken by an employee before the commencement;\n- (b) carer’s leave to which section 45(1) applies, taken by an employee before the commencement;\n- (c) birth-related leave started by an employee before the commencement.","sortOrder":1539},{"sectionNumber":"sec.1095","sectionType":"section","heading":"Entitlement to adoption leave and cultural parent leave in relation to child over 5 years","content":"### sec.1095 Entitlement to adoption leave and cultural parent leave in relation to child over 5 years\n\nThis section applies if—\nan employee adopts a child aged over 5 years; or\nthe parentage of a child aged over 5 years is transferred to an employee under a cultural recognition order.\nChapter 2, part 3, division 8, as in force from the commencement, applies in relation to parental leave for the adoption or transfer of parentage, regardless of whether the adoption happened, or the cultural recognition order was made, before or after the commencement.\ns 1095 ins 2022 No. 27 s 62\n(sec.1095-ssec.1) This section applies if— an employee adopts a child aged over 5 years; or the parentage of a child aged over 5 years is transferred to an employee under a cultural recognition order.\n(sec.1095-ssec.2) Chapter 2, part 3, division 8, as in force from the commencement, applies in relation to parental leave for the adoption or transfer of parentage, regardless of whether the adoption happened, or the cultural recognition order was made, before or after the commencement.\n- (a) an employee adopts a child aged over 5 years; or\n- (b) the parentage of a child aged over 5 years is transferred to an employee under a cultural recognition order.","sortOrder":1540},{"sectionNumber":"sec.1096","sectionType":"section","heading":"Application to work part-time after taking parental leave","content":"### sec.1096 Application to work part-time after taking parental leave\n\nAn employee may make an application under section 74(2), as in force from the commencement, regardless of whether the employee returned to work as mentioned in that section before or after the commencement.\ns 1096 ins 2022 No. 27 s 62","sortOrder":1541},{"sectionNumber":"sec.1097","sectionType":"section","heading":"Entitlement to birth-related leave after birth of stillborn child","content":"### sec.1097 Entitlement to birth-related leave after birth of stillborn child\n\nSection 85A, as in force from the commencement, applies in relation to the birth of a stillborn child after the commencement, regardless of whether the pregnancy that ends by the birth started before or after the commencement.\ns 1097 ins 2022 No. 27 s 62","sortOrder":1542},{"sectionNumber":"sec.1098","sectionType":"section","heading":"Entitlement to flexible parental leave","content":"### sec.1098 Entitlement to flexible parental leave\n\nSection 87B, as in force from the commencement, applies to an employee regardless of whether the employee became entitled to the parental leave under chapter 2, part 3, division 8, subdivision 2 mentioned in that section before or after the commencement.\ns 1098 ins 2022 No. 27 s 62","sortOrder":1543},{"sectionNumber":"sec.1099","sectionType":"section","heading":"Unpaid wages held by clerk of a Magistrates Court before commencement","content":"### sec.1099 Unpaid wages held by clerk of a Magistrates Court before commencement\n\nThis section applies if, immediately before the commencement, the clerk of a Magistrates Court held an amount paid to the clerk by an employer as wages payable to a former employee under former section 375.\nThe clerk must pay the amount to the public trustee.\nThe public trustee must deal with the amount as unclaimed moneys under the Public Trustee Act 1978 .\nIn this section—\nformer section 375 means section 375 as in force from time to time before the commencement.\npublic trustee means the public trustee under the Public Trustee Act 1978 .\ns 1099 ins 2022 No. 27 s 62\n(sec.1099-ssec.1) This section applies if, immediately before the commencement, the clerk of a Magistrates Court held an amount paid to the clerk by an employer as wages payable to a former employee under former section 375.\n(sec.1099-ssec.2) The clerk must pay the amount to the public trustee.\n(sec.1099-ssec.3) The public trustee must deal with the amount as unclaimed moneys under the Public Trustee Act 1978 .\n(sec.1099-ssec.4) In this section— former section 375 means section 375 as in force from time to time before the commencement. public trustee means the public trustee under the Public Trustee Act 1978 .","sortOrder":1544},{"sectionNumber":"sec.1100","sectionType":"section","heading":"Existing applications for orders about right to represent group of employees","content":"### sec.1100 Existing applications for orders about right to represent group of employees\n\nThis section applies to an application for an order under section 479 made, but not decided, before the commencement.\nFormer chapter 11, part 2, division 4, subdivision 10 continues to apply to the application as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\nIn this section—\nformer chapter 11, part 2, division 4, subdivision 10 means chapter 11, part 2, division 4, subdivision 10 as in force from time to time before the commencement.\ns 1100 ins 2022 No. 27 s 62\n(sec.1100-ssec.1) This section applies to an application for an order under section 479 made, but not decided, before the commencement.\n(sec.1100-ssec.2) Former chapter 11, part 2, division 4, subdivision 10 continues to apply to the application as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\n(sec.1100-ssec.3) In this section— former chapter 11, part 2, division 4, subdivision 10 means chapter 11, part 2, division 4, subdivision 10 as in force from time to time before the commencement.","sortOrder":1545},{"sectionNumber":"sec.1101","sectionType":"section","heading":"Health employment overpayments and health employment transition loans","content":"### sec.1101 Health employment overpayments and health employment transition loans\n\nThe repeal of chapter 15, part 3 by the Industrial Relations and Other Legislation Amendment Act 2022 does not affect the validity of an agreement between a health employer and a health employee, or a health employer and a former health employee, entered into before the commencement, about—\nthe recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or\na loan made by the employer to the employee or former employee mentioned in repealed section 949(1).\nHowever, an unrecoverable outstanding amount may not be recovered by the State as a debt due to the State.\nAn unrecoverable outstanding amount is an amount of an overpayment mentioned in subsection (1)(a), or a loan mentioned in subsection (1)(b), if—\nthe overpayment or loan was made before 14 August 2012; and\nimmediately before the commencement—\nthe amount of the overpayment or loan had not been recovered by a health employer; and\nthe health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and\nthe health employee had not repaid any of the amount of the overpayment or loan to a health employer.\nFor subsection (3)(b)(iii), a deduction from an amount payable to a health employee under repealed chapter 15, part 3 does not count as an amount repaid by the employee.\nIn this section—\nhealth employee see repealed section 947.\nhealth employer see repealed section 947.\ns 1101 ins 2022 No. 27 s 62\n(sec.1101-ssec.1) The repeal of chapter 15, part 3 by the Industrial Relations and Other Legislation Amendment Act 2022 does not affect the validity of an agreement between a health employer and a health employee, or a health employer and a former health employee, entered into before the commencement, about— the recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or a loan made by the employer to the employee or former employee mentioned in repealed section 949(1).\n(sec.1101-ssec.2) However, an unrecoverable outstanding amount may not be recovered by the State as a debt due to the State.\n(sec.1101-ssec.3) An unrecoverable outstanding amount is an amount of an overpayment mentioned in subsection (1)(a), or a loan mentioned in subsection (1)(b), if— the overpayment or loan was made before 14 August 2012; and immediately before the commencement— the amount of the overpayment or loan had not been recovered by a health employer; and the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and the health employee had not repaid any of the amount of the overpayment or loan to a health employer.\n(sec.1101-ssec.4) For subsection (3)(b)(iii), a deduction from an amount payable to a health employee under repealed chapter 15, part 3 does not count as an amount repaid by the employee.\n(sec.1101-ssec.5) In this section— health employee see repealed section 947. health employer see repealed section 947.\n- (a) the recovery, by the employer, of an amount paid by the employer to the employee or former employee in relation to employment, or purportedly in relation to employment, to which the employee or former employee was not entitled (an overpayment ); or\n- (b) a loan made by the employer to the employee or former employee mentioned in repealed section 949(1).\n- (a) the overpayment or loan was made before 14 August 2012; and\n- (b) immediately before the commencement— (i) the amount of the overpayment or loan had not been recovered by a health employer; and (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer.\n- (i) the amount of the overpayment or loan had not been recovered by a health employer; and\n- (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and\n- (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer.\n- (i) the amount of the overpayment or loan had not been recovered by a health employer; and\n- (ii) the health employee had not agreed in writing to repay the amount of the overpayment or loan to a health employer; and\n- (iii) the health employee had not repaid any of the amount of the overpayment or loan to a health employer.","sortOrder":1546},{"sectionNumber":"sec.1102","sectionType":"section","heading":"Existing appointment of agent to represent party or person in proceedings","content":"### sec.1102 Existing appointment of agent to represent party or person in proceedings\n\nThis section applies if a party or person appointed an agent under former section 529 to represent the party or person in proceedings and, immediately before the commencement, the proceedings had not ended.\nFormer section 529 continues to apply in relation to the appointment of the agent to represent the party or person in the proceedings as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\nIn this section—\nformer section 529 means section 529 as in force from time to time before the commencement.\ns 1102 ins 2022 No. 27 s 62\n(sec.1102-ssec.1) This section applies if a party or person appointed an agent under former section 529 to represent the party or person in proceedings and, immediately before the commencement, the proceedings had not ended.\n(sec.1102-ssec.2) Former section 529 continues to apply in relation to the appointment of the agent to represent the party or person in the proceedings as if the Industrial Relations and Other Legislation Amendment Act 2022 had not been enacted.\n(sec.1102-ssec.3) In this section— former section 529 means section 529 as in force from time to time before the commencement.","sortOrder":1547},{"sectionNumber":"ch.18-pt.7","sectionType":"part","heading":"Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024","content":"# Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024","sortOrder":1548},{"sectionNumber":"sec.1103","sectionType":"section","heading":"Entitlement to late term pregnancy leave and increased period of flexible parental leave","content":"### sec.1103 Entitlement to late term pregnancy leave and increased period of flexible parental leave\n\nSection 85AA as in force from the commencement applies in relation to a pregnant employee regardless of whether the pregnancy started before or after the commencement.\nSection 87B as in force from the commencement applies in relation to an employee regardless of whether the employee became entitled to the parental leave under chapter 2, part 3, division 8, subdivision 2 mentioned in that section before or after the commencement.\ns 1103 ins 2024 No. 40 s 15\n(sec.1103-ssec.1) Section 85AA as in force from the commencement applies in relation to a pregnant employee regardless of whether the pregnancy started before or after the commencement.\n(sec.1103-ssec.2) Section 87B as in force from the commencement applies in relation to an employee regardless of whether the employee became entitled to the parental leave under chapter 2, part 3, division 8, subdivision 2 mentioned in that section before or after the commencement.","sortOrder":1549},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1550},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.4-sec.1 Definitions for schedule\n\nIn this schedule—\nchief executive means the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered.\nhealth service employee see the Hospital and Health Boards Act 2011 , schedule 2 .\nhealth system employer means—\nthe department in which the Hospital and Health Boards Act 2011 is administered; or\na prescribed Service.\nprescribed Service see the Hospital and Health Boards Act 2011 , schedule 2 .\n- (a) the department in which the Hospital and Health Boards Act 2011 is administered; or\n- (b) a prescribed Service.","sortOrder":1551},{"sectionNumber":"sch.4-sec.2","sectionType":"section","heading":"Chief executive to be employer for particular purposes","content":"### sch.4-sec.2 Chief executive to be employer for particular purposes\n\nThis section applies to a health service employee employed by a prescribed Service.\nFor chapters 3 to 6 , the chief executive is taken to be the employer of the employee instead of the prescribed Service.\n(sch.4-sec.2-ssec.1) This section applies to a health service employee employed by a prescribed Service.\n(sch.4-sec.2-ssec.2) For chapters 3 to 6 , the chief executive is taken to be the employer of the employee instead of the prescribed Service.","sortOrder":1552},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Modification of ch 3 —Modern awards","content":"# Modification of ch 3 —Modern awards","sortOrder":1553},{"sectionNumber":"sch.4-sec.3","sectionType":"section","heading":"Modern award covers prescribed Services and employees","content":"### sch.4-sec.3 Modern award covers prescribed Services and employees\n\nThis section applies to modern awards applying to health service employees employed by a prescribed Service.\nDespite the chief executive being a party to the modern award, the award covers prescribed Services and their employees.\n(sch.4-sec.3-ssec.1) This section applies to modern awards applying to health service employees employed by a prescribed Service.\n(sch.4-sec.3-ssec.2) Despite the chief executive being a party to the modern award, the award covers prescribed Services and their employees.","sortOrder":1554},{"sectionNumber":"sch.4-pt.3","sectionType":"part","heading":"Modification of chapter 4 —Collective bargaining","content":"# Modification of chapter 4 —Collective bargaining","sortOrder":1555},{"sectionNumber":"sch.4-sec.4","sectionType":"section","heading":"How s 174 (Peace obligation period to assist negotiations) applies","content":"### sch.4-sec.4 How s 174 (Peace obligation period to assist negotiations) applies\n\nThis section applies to negotiations between the chief executive and the health service employees employed by a prescribed Service or an employee organisation representing the employees.\nFor section 174 , the prescribed Service has the same obligations as the negotiating parties during the peace obligation period.\n(sch.4-sec.4-ssec.1) This section applies to negotiations between the chief executive and the health service employees employed by a prescribed Service or an employee organisation representing the employees.\n(sch.4-sec.4-ssec.2) For section 174 , the prescribed Service has the same obligations as the negotiating parties during the peace obligation period.","sortOrder":1556},{"sectionNumber":"sch.4-sec.5","sectionType":"section","heading":"How s 175 (Application of division) applies","content":"### sch.4-sec.5 How s 175 (Application of division) applies\n\nFor section 175 (1) (b) , a prescribed Service is also taken to be a negotiating party if authorised by the chief executive.","sortOrder":1557},{"sectionNumber":"sch.4-sec.6","sectionType":"section","heading":"How s 221 (Who is covered by a bargaining instrument) applies","content":"### sch.4-sec.6 How s 221 (Who is covered by a bargaining instrument) applies\n\nThis section applies to a certified agreement or bargaining award between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.\nFor section 221 , the certified agreement or bargaining award covers the prescribed Services.\n(sch.4-sec.6-ssec.1) This section applies to a certified agreement or bargaining award between the chief executive and the health service employees of the prescribed Services or an employee organisation representing the employees.\n(sch.4-sec.6-ssec.2) For section 221 , the certified agreement or bargaining award covers the prescribed Services.","sortOrder":1558},{"sectionNumber":"sch.4-sec.7","sectionType":"section","heading":"How s 222 (Application of bargaining instrument to successor employers) applies","content":"### sch.4-sec.7 How s 222 (Application of bargaining instrument to successor employers) applies\n\nSection 222 (2) (b) and (c) apply subject to the modifications contained in this schedule.","sortOrder":1559},{"sectionNumber":"sch.4-pt.4","sectionType":"part","heading":"Modification of chapter 6 —Industrial disputes","content":"# Modification of chapter 6 —Industrial disputes","sortOrder":1560},{"sectionNumber":"sch.4-sec.8","sectionType":"section","heading":"When chief executive taken to be party to industrial dispute","content":"### sch.4-sec.8 When chief executive taken to be party to industrial dispute\n\nThis section applies if section 261 (1) applies in relation to a dispute involving a prescribed Service as an employer.\nFor the application of this section, it does not matter whether the dispute was started by the prescribed Service.\nThe prescribed Service must give the chief executive written notice of the dispute—\nat the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and\nin a way mentioned in section 261 (3) .\nThe chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive, or an authorised delegate of the chief executive, gives the prescribed Service written notice that the prescribed Service is to be a party to the dispute.\nIn deciding whether to give a written notice under subsection (3) , the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\nIf the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the written notice given by the chief executive or authorised delegate under subsection (3) as soon as practicable after receiving the notice.\n(sch.4-sec.8-ssec.1) This section applies if section 261 (1) applies in relation to a dispute involving a prescribed Service as an employer. For the application of this section, it does not matter whether the dispute was started by the prescribed Service.\n(sch.4-sec.8-ssec.2) The prescribed Service must give the chief executive written notice of the dispute— at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and in a way mentioned in section 261 (3) .\n(sch.4-sec.8-ssec.3) The chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive, or an authorised delegate of the chief executive, gives the prescribed Service written notice that the prescribed Service is to be a party to the dispute.\n(sch.4-sec.8-ssec.4) In deciding whether to give a written notice under subsection (3) , the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\n(sch.4-sec.8-ssec.5) If the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the written notice given by the chief executive or authorised delegate under subsection (3) as soon as practicable after receiving the notice.\n- (a) at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and\n- (b) in a way mentioned in section 261 (3) .","sortOrder":1561},{"sectionNumber":"sch.4-sec.9","sectionType":"section","heading":"When chief executive may intervene in industrial dispute","content":"### sch.4-sec.9 When chief executive may intervene in industrial dispute\n\nThis section applies if—\nthe chief executive has given a prescribed Service written notice under section 8 (3) of this schedule that the prescribed Service is to be a party to an industrial dispute; and\nduring the proceedings the chief executive considers the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\nThe chief executive may intervene in the proceedings.\nOn intervention, the chief executive becomes a party to the proceedings.\n(sch.4-sec.9-ssec.1) This section applies if— the chief executive has given a prescribed Service written notice under section 8 (3) of this schedule that the prescribed Service is to be a party to an industrial dispute; and during the proceedings the chief executive considers the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\n(sch.4-sec.9-ssec.2) The chief executive may intervene in the proceedings.\n(sch.4-sec.9-ssec.3) On intervention, the chief executive becomes a party to the proceedings.\n- (a) the chief executive has given a prescribed Service written notice under section 8 (3) of this schedule that the prescribed Service is to be a party to an industrial dispute; and\n- (b) during the proceedings the chief executive considers the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.","sortOrder":1562},{"sectionNumber":"sch.4-pt.5","sectionType":"part","heading":"Modification of chapter 8 —Rights and responsibilities of employees, employers, organisations etc.","content":"# Modification of chapter 8 —Rights and responsibilities of employees, employers, organisations etc.","sortOrder":1563},{"sectionNumber":"sch.4-sec.10","sectionType":"section","heading":"How s 320 (Matters to be considered in deciding an application) applies","content":"### sch.4-sec.10 How s 320 (Matters to be considered in deciding an application) applies\n\nThis section applies if the dismissal of a health service employee by a health system employer relates to the employee’s conduct, capacity or performance at another health system employer.\nFor section 320 , the commission may decide that a dismissal was not harsh, unjust or unreasonable even though the dismissal related to the employee’s conduct, capacity or performance at another health system employer.\n(sch.4-sec.10-ssec.1) This section applies if the dismissal of a health service employee by a health system employer relates to the employee’s conduct, capacity or performance at another health system employer.\n(sch.4-sec.10-ssec.2) For section 320 , the commission may decide that a dismissal was not harsh, unjust or unreasonable even though the dismissal related to the employee’s conduct, capacity or performance at another health system employer.","sortOrder":1564},{"sectionNumber":"sch.4-pt.6","sectionType":"part","heading":"Modification of other provisions","content":"# Modification of other provisions","sortOrder":1565},{"sectionNumber":"sch.4-sec.11","sectionType":"section","heading":"Who makes application to commission as employer","content":"### sch.4-sec.11 Who makes application to commission as employer\n\nThis section applies to a provision of this Act (other than a provision of chapters 3 to 6 ) under which an application may be made to the commission by an employer about a matter.\nIf the application relates to health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make the application for the matter.\nHowever, the chief executive may give the prescribed Service written notice that the prescribed Service may make the application as the employer.\nIn deciding whether to give a written notice under subsection (3) , the chief executive must have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\nIf the prescribed Service makes the application, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) when making the application.\n(sch.4-sec.11-ssec.1) This section applies to a provision of this Act (other than a provision of chapters 3 to 6 ) under which an application may be made to the commission by an employer about a matter.\n(sch.4-sec.11-ssec.2) If the application relates to health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make the application for the matter.\n(sch.4-sec.11-ssec.3) However, the chief executive may give the prescribed Service written notice that the prescribed Service may make the application as the employer.\n(sch.4-sec.11-ssec.4) In deciding whether to give a written notice under subsection (3) , the chief executive must have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\n(sch.4-sec.11-ssec.5) If the prescribed Service makes the application, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) when making the application.","sortOrder":1566},{"sectionNumber":"sch.4-sec.12","sectionType":"section","heading":"Who is party to proceedings as employer before commission","content":"### sch.4-sec.12 Who is party to proceedings as employer before commission\n\nThis section applies to a proceeding in the commission for a matter (other than a proceeding under chapters 3 to 6 ) if the proceeding relates to health service employees employed by a prescribed Service.\nThe chief executive is taken to be the employer for the proceeding instead of the prescribed Service unless—\nthe chief executive has given written notice under section 11 (3) of this schedule that a prescribed Service may make application for a matter the subject of the proceeding; or\nif paragraph (a) does not apply—the chief executive gives the prescribed Service written notice that the prescribed Service is the employer for the proceeding.\nIn deciding whether to give a written notice under subsection (2) (b) , the chief executive must have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\nThe prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (2) (b) as soon as practicable after receiving the notice.\n(sch.4-sec.12-ssec.1) This section applies to a proceeding in the commission for a matter (other than a proceeding under chapters 3 to 6 ) if the proceeding relates to health service employees employed by a prescribed Service.\n(sch.4-sec.12-ssec.2) The chief executive is taken to be the employer for the proceeding instead of the prescribed Service unless— the chief executive has given written notice under section 11 (3) of this schedule that a prescribed Service may make application for a matter the subject of the proceeding; or if paragraph (a) does not apply—the chief executive gives the prescribed Service written notice that the prescribed Service is the employer for the proceeding.\n(sch.4-sec.12-ssec.3) In deciding whether to give a written notice under subsection (2) (b) , the chief executive must have regard to whether the matter may affect the terms and conditions of employment of health service employees in more than 1 health system employer.\n(sch.4-sec.12-ssec.4) The prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (2) (b) as soon as practicable after receiving the notice.\n- (a) the chief executive has given written notice under section 11 (3) of this schedule that a prescribed Service may make application for a matter the subject of the proceeding; or\n- (b) if paragraph (a) does not apply—the chief executive gives the prescribed Service written notice that the prescribed Service is the employer for the proceeding.","sortOrder":1567},{"sectionNumber":"sch.4-sec.13","sectionType":"section","heading":"Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding","content":"### sch.4-sec.13 Commission’s orders may bind prescribed Services even if chief executive is taken to be employer or party for proceeding\n\nThis section applies to a proceeding before the commission if the chief executive is a party to the proceeding because the chief executive is taken to be the employer of health service employees instead of a prescribed Service.\nThe commission may make orders, give directions or do anything else it may do under this Act in relation to the prescribed Service as if the prescribed Service was a party to the proceeding.\nSubsection (2) does not limit the orders, directions or other action the commission may take in relation to the chief executive.\n(sch.4-sec.13-ssec.1) This section applies to a proceeding before the commission if the chief executive is a party to the proceeding because the chief executive is taken to be the employer of health service employees instead of a prescribed Service.\n(sch.4-sec.13-ssec.2) The commission may make orders, give directions or do anything else it may do under this Act in relation to the prescribed Service as if the prescribed Service was a party to the proceeding.\n(sch.4-sec.13-ssec.3) Subsection (2) does not limit the orders, directions or other action the commission may take in relation to the chief executive.","sortOrder":1568}],"analysis":{"summary":{"name":"Industrial Relations Act 2016","slug":"industrial-relations-act-2016","title_id":"qld:act-2016-063","version_id":174731,"analysis_type":"summary","content_quality":"complete","complexity_score":5,"scope_assessment":{"changed":false,"description":"Scope follows section 3 main purpose: a fair and balanced industrial relations framework supporting State and local government employment and Queensland-only private sector employment, plus carve-outs for long service leave, jury service leave and emergency service leave."},"complexity_factors":["split jurisdiction with Commonwealth Fair Work Act 2009 under sections 12 and 13","Queensland Employment Standards in chapter 2 part 3 cover 12 distinct entitlement areas","general protections regime in chapter 8 part 1 mirrors Commonwealth Fair Work Act chapter 3 part 3-1 with mutual exclusion under section 281","unfair dismissal jurisdiction qualified by probationary period, casual carve-out, fixed term carve-out, high income threshold under section 333 of the Fair Work Act 2009 (Cwlth)","1103 sections plus schedules across 18 chapters; Industrial Court, Commission, Magistrates Court and Registry split across chapter 11"],"plain_english_summary":"The Industrial Relations Act 2016 (Qld) is the State industrial relations statute. It applies to Queensland public sector and local government employment and any private sector employment that the Commonwealth Fair Work Act 2009 does not reach (section 12). It also reaches private sector employment for limited purposes: long service leave, jury service leave and emergency service leave (section 13(1)) and civil remedies for general protections contraventions of chapter 4 part 4-1 of the Commonwealth Fair Work Act (section 13(2)).\n\nChapter 2 carries the Queensland Employment Standards: minimum wage, maximum weekly hours, flexible working arrangements, annual leave, personal leave, domestic and family violence leave, parental leave, long service leave, public holidays, emergency service and jury service leave, notice of termination and redundancy, superannuation, and information statements. Modern awards and certified agreements sit in chapters 3 and 4. Chapter 5 covers equal remuneration. Chapter 8 part 1 sets the general protections regime: workplace rights, freedom of association, industrial activity, sham contracting, with adverse action defined in section 282.\n\nChapter 8 part 2 covers unfair dismissal: section 316 (harsh, unjust or unreasonable test), section 317 (21-day application clock), section 320 (factors), section 321 (reinstatement), section 322 (compensation capped at six months' wages or half the high income threshold).\n\nChapter 9 sets record-keeping (sections 339 and 340 require six-year retention with 40 penalty unit caps). Chapter 10 covers private employment agents. Chapter 11 establishes the Industrial Court of Queensland, Industrial Relations Commission, Industrial Magistrates Court and Industrial Registry. Chapter 12 governs registered industrial organisations. The State is bound but cannot be prosecuted (section 5)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5","severity":"medium","reasoning":"Binding a party to obligations while simultaneously immunising them from prosecution for breach of those obligations renders the binding largely illusory for enforcement purposes. If the State commits an offence under the Act, no prosecution can follow, making the binding of the State performative rather than substantive for criminal provisions.","confidence":0.82,"description":"The Act binds the State (sec.5(1)) but the State cannot be prosecuted for an offence (sec.5(2)). This creates a situation where the State is theoretically bound by the Act but immune from its primary enforcement mechanism for criminal provisions."},{"type":"self_contradicting","section":"sec.4(a)","severity":"low","reasoning":"While not impossible to pursue both simultaneously, embedding both as co-equal legislative objectives creates an inherent internal conflict that provides no guidance to decision-makers when the two goals conflict in practice. A tribunal asked to balance industrial outcomes against both goals simultaneously faces an impossible optimisation problem.","confidence":0.65,"description":"The Act simultaneously pursues 'strong economic growth' and 'low inflation' as co-equal goals. These objectives are in fundamental macroeconomic tension: strong growth typically generates inflationary pressure, and suppressing inflation often requires constraining growth."},{"type":"self_contradicting","section":"sec.4(h) and sec.4(m)","severity":"medium","reasoning":"ILO Convention No. 87 (cited in sec.4(r)) protects freedom of association including the negative right not to associate. Mandating the primacy of collective agreements over individual ones may conflict with this negative freedom, creating a tension within the Act's own stated objectives and international obligations.","confidence":0.7,"description":"Section 4(h) establishes the primacy of collective agreements over individual agreements, while section 4(m) recognises the right of individuals to freedom of association and the right to organise. Freedom of association necessarily includes the right NOT to associate collectively, yet the Act subordinates individual agreements to collective ones, potentially compelling individuals into collective outcomes they did not choose."},{"type":"impossible_compliance","section":"sec.29","severity":"medium","reasoning":"The deemed refusal mechanism produces a legal outcome (refusal with dispute rights) without the procedural content that a genuine refusal must contain under sec.28(4). An employer who simply fails to respond cannot comply with sec.28(4) retroactively for a deemed refusal, creating an enforcement gap and a category of refusal that is simultaneously valid in effect but defective in form.","confidence":0.85,"description":"Section 29 deems an employer to have 'decided to refuse' a flexible working request if no written notice is given within 21 days. However, sec.28(4) requires that a refusal notice must state written reasons and inform the employee of commission jurisdiction. A deemed refusal contains no written reasons and no such statement, yet triggers the same dispute resolution rights as a formal refusal—creating a refusal without the required content of a refusal."},{"type":"self_contradicting","section":"sec.51(2) and sec.51(3)","severity":"low","reasoning":"If the entitlement depends on employer agreement, there is no standalone right to the leave. But if the employer cannot unreasonably refuse, the leave functions more like a right subject to reasonable limitation. The drafting conflates two distinct legal models, making it unclear whether an employee has a right to the leave or merely a right not to have it unreasonably refused.","confidence":0.75,"description":"Section 51(2) provides that an employee may take cultural leave 'if the employer agrees', while sec.51(3) immediately states the employer 'must not unreasonably refuse the leave'. These provisions sit in logical tension: framing the leave as conditional on employer agreement while mandating that refusal must not be unreasonable conflates a permissive entitlement with a quasi-right."},{"type":"circular_definition","section":"sec.45(2)(b)","severity":"medium","reasoning":"The provision purports to offer two alternatives for evidencing domestic violence: a statutory declaration, or the items in sec.45(3)(a)-(d). But sec.45(3)(a)-(d) are administrative notification requirements, not evidentiary items about the occurrence of domestic violence. Treating notice of intention and estimated period of absence as 'evidence' of domestic violence is logically incoherent.","confidence":0.88,"description":"Section 45(2)(b) requires an employee taking carer's leave for domestic violence to provide 'evidence mentioned in section 45(3)(a) to (d)' as an alternative to a statutory declaration. However, section 45(3)(a) to (d) is simply the general notification information (notice of intention, name of person, reason, estimated period of absence) — none of which constitutes evidence of domestic violence. This creates a circular self-reference that provides no meaningful evidentiary standard."},{"type":"impossible_compliance","section":"sec.37(3) and sec.37(5)","severity":"low","reasoning":"The combined effect of secs.37(2) and (3) means that cashing out is only available to employees with more than 4 weeks accrued leave. This is likely intentional, but the drafting creates a situation where the cashing-out regime in sec.37 is entirely inaccessible to a significant proportion of employees at any given time, particularly those who have recently returned from leave.","confidence":0.6,"description":"Section 37(3) prohibits cashing out annual leave if it would result in accrued leave falling below 4 weeks. Section 37(5) requires the employer to pay 'at least the full amount that would have been payable had the employee taken the annual leave forgone'. If an employee has exactly 4 weeks accrued leave, they can never cash out any leave (as any cashing out would breach the 4-week floor), making sec.37(5) operationally unreachable for employees at or near the minimum accrual threshold."},{"type":"circular_definition","section":"sec.2","severity":"low","reasoning":"A commencement provision cannot logically be subject to its own commencement mechanism. If sec.2 only commences by proclamation, there is no operative law to require the proclamation or to give it effect. This is a common drafting anomaly in Australian legislation but remains a logical circularity. In practice, courts read commencement provisions as self-executing, but the text as drafted is internally circular.","confidence":0.72,"description":"Section 2 provides that Chapter 19, Part 8 (other than specified provisions) commences on assent, and that 'the remaining provisions of this Act commence on a day to be fixed by proclamation'. Sections 1 and 2 themselves are not carved out of the proclamation requirement, yet they must logically be in force before any other provision can operate. This creates a bootstrapping problem: sec.2 purports to govern its own commencement."},{"type":"self_contradicting","section":"sec.4(b)","severity":"low","reasoning":"Responsiveness to democratically-decided priorities necessarily involves responding to politically determined directions. An apolitical public service that follows political directions is not truly apolitical; it is politically compliant. The objective conflates operational neutrality with political insulation in a way that is logically irreconcilable.","confidence":0.68,"description":"The Act aims to promote 'high-performing, apolitical State government and local government sectors that are responsive to democratically-decided priorities'. Being 'apolitical' while being 'responsive to democratically-decided priorities' is inherently contradictory: democratic priorities are by definition political, as they emerge from a political process and reflect the values of the governing party."}],"contradictions":[{"severity":"medium","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.85,"description":"The Act purports to bind the State as a person subject to all obligations under the Act, while simultaneously exempting the State from prosecution for any offence under the Act. This creates an asymmetric legal position where the State bears duties but not criminal liability for their breach."},{"severity":"low","section_a":"sec.17","section_b":"sec.18(1)","confidence":0.65,"description":"Section 17 provides that the Queensland Employment Standards (QES) have effect despite inconsistency with another State law, unless the other law is more favourable. Section 18(1) provides that industrial instruments cannot displace the QES unless more favourable. These provisions are directionally consistent, but sec.18(2) then states the QES 'have effect subject to' more favourable industrial instrument provisions — creating ambiguity about whether the QES or the instrument is the operative standard when both apply, as the QES simultaneously prevails over and is subject to the instrument."},{"severity":"medium","section_a":"sec.19(2)","section_b":"sec.19(3)","confidence":0.7,"description":"Section 19(2) establishes that certified agreements prevail over modern awards to the extent of inconsistency. Section 19(3) provides that a project agreement operates to the exclusion of any certified agreement. However, the Act does not explicitly address how a project agreement interacts with a modern award — leaving an unresolved hierarchy gap where the instrument that displaces the certified agreement has no defined relationship to the modern award the certified agreement itself displaced."},{"severity":"medium","section_a":"sec.4(h)(ii)","section_b":"sec.4(m)","confidence":0.68,"description":"Section 4(h)(ii) establishes the primacy of collective agreements over individual agreements as a legislative objective. Section 4(m) recognises the right to freedom of association, which under ILO Convention No. 87 (cited in sec.4(r)) includes the negative right not to associate. Mandating collective agreement primacy potentially overrides an individual's freedom not to be bound by collective outcomes, contradicting the freedom of association objective."},{"severity":"low","section_a":"sec.42(2)","section_b":"sec.40(1)","confidence":0.62,"description":"Section 40(1) entitles employees to 10 days sick leave per completed year of employment. Section 42(2) entitles employees to use up to 10 days of sick leave as carer's leave. If an employee uses all 10 days as carer's leave, they have exhausted their sick leave entitlement for the year and have no remaining sick leave for their own illness — yet sec.40 frames the entitlement as being for the employee's own illness. The drafting creates a single pool used for two distinct purposes with no mechanism to prevent complete depletion for personal illness needs."},{"severity":"high","section_a":"sec.28(2)","section_b":"sec.29","confidence":0.87,"description":"Section 28(2) provides that an employer may only refuse a flexible working request on 'reasonable grounds', and sec.28(4) requires written reasons to be given. Section 29 deems non-response within 21 days to be a refusal. A deemed refusal necessarily lacks any grounds (reasonable or otherwise) and lacks written reasons, meaning the deemed refusal is simultaneously treated as valid for dispute purposes but structurally non-compliant with the mandatory requirements of a valid refusal under sec.28."},{"severity":"medium","section_a":"sec.7(1)","section_b":"sec.7(2)(a)","confidence":0.8,"description":"Section 7(1) defines an employer as a person who is NOT a national system employer under the Commonwealth Fair Work Act. Section 7(2)(a) then expressly includes national system employers within the definition of employer for specified provisions. This means that national system employers simultaneously are and are not employers under the Act, depending on context — a direct definitional contradiction that could create jurisdictional confusion."},{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.8(2)(a)","confidence":0.8,"description":"Mirroring the employer definition issue: sec.8(1) defines an employee by reference to employment by an employer (who is defined as not a national system employer), yet sec.8(2)(a) includes national system employees within the definition of employee for certain provisions. This creates the same definitional contradiction as in sec.7 — a person can simultaneously be and not be an employee depending on which subsection applies."},{"severity":"medium","section_a":"sec.51(2)","section_b":"sec.51(3)","confidence":0.82,"description":"Section 51(2) states cultural leave may be taken 'if the employer agrees', conditioning the entitlement on employer consent. Section 51(3) states the employer 'must not unreasonably refuse'. These two provisions create a direct contradiction: either the leave requires employer agreement (in which case refusal for any reason is permissible), or the employer cannot unreasonably refuse (in which case the employee has a qualified right regardless of agreement). The provisions cannot be simultaneously true as drafted."}]},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond traditional industrial relations. Originally focused on wages and working conditions, it now encompasses comprehensive social protections including domestic and family violence leave (section 52), protections against sexual harassment and gender-based harassment (section 4), cultural leave for Aboriginal and Torres Strait Islander employees (section 51), and flexible working arrangements. The scope has shifted from purely economic workplace regulation to broader social justice and wellbeing framework, as explicitly stated in section 3 regarding 'social justice for Queenslanders' and section 4's extensive list of purposes including diversity, inclusion, and work-life balance."},"complexity_factors":["Extensive cross-referencing with Commonwealth Fair Work Act (national system employer/employee definitions in sections 7-8)","Multiple overlapping definitions of 'employee' and 'employer' with context-specific variations (sections 7-8, 14)","Complex interaction rules between Queensland Employment Standards, industrial instruments, and employment contracts (sections 17-20)","Detailed conditional entitlements based on employment type (full-time, part-time, long-term casual, short-term casual) requiring careful navigation","Nested exceptions throughout leave provisions (e.g., sections 30, 39, 46 exclude specific worker categories)","Mathematical formulas for calculating entitlements (section 35 - default average commission)","Extensive subordinate legislation references (modern awards, certified agreements, arbitration determinations)","Temporal complexity with grandfathering clauses (e.g., section 31(5) excludes pre-1999 employment)","Multiple amendment references indicating evolving scope (2022 No. 27, 2024 No. 40)","Schedule 5 dictionary defines 'particular words' but text shows heavy reliance on defined terms throughout"],"plain_english_summary":"This is Queensland's main industrial relations law, which sets the rules for how employers and employees interact in the workplace. It covers most Queensland public sector workers (State government, local councils, and related entities) and some private sector workers not covered by the Commonwealth Fair Work Act.\n\n**What it does:**\n- **Sets minimum standards** (called the 'Queensland Employment Standards') that all covered employers must provide, including:\n  - Minimum wage\n  - Maximum 38-hour work weeks (with exceptions for reasonable additional hours)\n  - Annual leave (4 weeks, or 5 for shift workers)\n  - Sick leave (10 days per year)\n  - Carer's leave for family emergencies\n  - Bereavement and compassionate leave\n  - Domestic and family violence leave (10 days paid)\n  - Parental leave\n  - Long service leave\n  - Public holidays\n  - Notice periods and redundancy pay\n\n- **Protects workers' rights** by:\n  - Guaranteeing the right to request flexible working arrangements\n  - Preventing discrimination, bullying, and sexual harassment\n  - Ensuring equal pay for work of equal value\n  - Protecting employees who take carer's leave or domestic violence leave from being penalised\n  - Supporting collective bargaining (union negotiations) over individual contracts\n\n- **Establishes the Industrial Relations Commission** - an independent body that resolves disputes, approves agreements, and sets wages.\n\n- **Interacts with Commonwealth law**: Most private sector workers in Queensland are covered by the federal Fair Work Act instead. This Queensland Act fills the gaps for State and local government employees, and some specific areas like long service leave that apply more broadly.\n\n**Who it affects:**\n- State government employees and departments\n- Local council workers\n- Public service entities\n- Some statutory bodies (like school P&Cs)\n- Outworkers, apprentices, and trainees\n- Casual workers (with some modified entitlements)\n\n**Why it matters:**\nThis Act provides the safety net of minimum conditions for hundreds of thousands of Queensland workers. It ensures fair treatment, prevents exploitation, and provides mechanisms to resolve workplace disputes. Recent updates have strengthened protections against domestic violence and sexual harassment, and improved rights for casual workers."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-act-2016","history":"/api/acts/industrial-relations-act-2016/history","analysis":"/api/acts/industrial-relations-act-2016/analysis","conflicts":"/api/acts/industrial-relations-act-2016/conflicts","importantCases":"/api/acts/industrial-relations-act-2016/important-cases","documents":"/api/acts/industrial-relations-act-2016/documents"}}