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Industrial Relations Act 2016
sec.143Content of modern awards
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### sec.143 Content of modern awards
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.
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) .
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.
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.
(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.
(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) .
(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.
(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.
- (a) does not include a provision that discriminates against an employee; and Note— See, however, subsection (2) .
- (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
- (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 .
- (d) does not include an objectionable term within the meaning of section 301 ; and
- (e) is stated in plain English and its structure and content is easy to understand; and
- (f) does not include provisions that are obsolete; and
- (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) .
- (h) includes provisions stating the employers, employees and organisations the award applies to; and
- (i) provides fair standards for employees in the context of living standards generally prevailing in the community; and
- (j) is suited to the efficient performance of work according to the needs of particular enterprises, industries or workplaces; and
- (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
- (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
- (l) takes into account employees’ family responsibilities.
- (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
- (a) all young employees;
- (b) all employees with a disability;
- (c) all employees engaged as apprentices or trainees;
- (d) a class of employees mentioned in paragraph (a) , (b) or (c) .
- (a) is covered, or will be covered, by the modern award; or
- (b) is entitled to represent the industrial interests of employees who are, or will be, covered by the modern award.