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Queensland regulation
**What this regulation does (mechanically)
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Direct links to the current provisions in Industrial Relations Regulation 2018.
This regulation may be cited as the Industrial Relations Regulation 2018 .
This regulation commences on 1 March 2018.
The dictionary in schedule 6 defines particular words used in this regulation.
For working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service— the employee’s absence from work if there was a reasonable cause for the absence; the employee’s absence from work because of protected industrial action; another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service. An employee’s absence from work under subsection (1) (a) does break continuous service if— a decision requires the employee to— notify the employer of an absence from work; and substantiate the reason for the absence; and the employee does not comply with the decision. Also, an employee’s absence from work under subsection (1) (a) does break continuous service if— there is no decision mentioned in subsection (2) ; and the employee does not promptly notify the employer of— the employee’s absence from work; and the reason for the absence; and the likely duration of the absence. An employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service. A notification under subsection (1) (c) — must be given during, or within 14 days after the end of, the absence; and may be withdrawn by the employer. If the employer withdraws the notification, it is taken not to have been given. If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act . In this section— protected industrial action see section 233 (1) of the Act . (sec.4-ssec.1) For working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service— the employee’s absence from work if there was a reasonable cause for the absence; the employee’s absence from work because of protected industrial action; another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service. (sec.4-ssec.2) An employee’s absence from work under subsection (1) (a) does break continuous service if— a decision requires the employee to— notify the employer of an absence from work; and substantiate the reason for the absence; and the employee does not comply with the decision. (sec.4-ssec.3) Also, an employee’s absence from work under subsection (1) (a) does break continuous service if— there is no decision mentioned in subsection (2) ; and the employee does not promptly notify the employer of— the employee’s absence from work; and the reason for the absence; and the likely duration of the absence. (sec.4-ssec.4) An employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service. (sec.4-ssec.5) A notification under subsection (1) (c) — must be given during, or within 14 days after the end of, the absence; and may be withdrawn by the employer. (sec.4-ssec.6) If the employer withdraws the notification, it is taken not to have been given. (sec.4-ssec.7) If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act . (sec.4-ssec.8) In this section— protected industrial action see section 233 (1) of the Act .
For section 124 (3) of the Act , the amount taken to be payable is the average weekly remuneration payable to the employee— for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.
For section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information— whether the instrument is for a new business or is a project agreement or a multi-employer agreement; whether or not the instrument is made with an employee organisation; the industry in which the employer is engaged; the name of the relevant award or designated award; for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed; the number of male and female employees to be covered by the instrument; the number of apprentices or trainees to be covered by the instrument; the name and address of each employer to whom the instrument is to apply; if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated; the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument; the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument; a statement that the employer did not do something mentioned in section 195 (b) of the Act ; a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act . The affidavit must be in the form provided for in the rules made under section 551 of the Act . For section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument. (sec.6-ssec.1) For section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information— whether the instrument is for a new business or is a project agreement or a multi-employer agreement; whether or not the instrument is made with an employee organisation; the industry in which the employer is engaged; the name of the relevant award or designated award; for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed; the number of male and female employees to be covered by the instrument; the number of apprentices or trainees to be covered by the instrument; the name and address of each employer to whom the instrument is to apply; if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated; the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument; the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument; a statement that the employer did not do something mentioned in section 195 (b) of the Act ; a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act . (sec.6-ssec.2) The affidavit must be in the form provided for in the rules made under section 551 of the Act . (sec.6-ssec.3) For section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.
For section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example— a superannuation entitlement; and an authorised leave entitlement; and an entitlement to remuneration and promotion as affected by seniority; and an entitlement to notice of, or compensation for, dismissal. In this section— authorised leave means leave authorised by— the employer; or an industrial instrument; or an order of a court or tribunal having power to fix wages and other employment conditions; or the employee’s employment contract; or a Commonwealth or State law. (sec.7-ssec.1) For section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example— a superannuation entitlement; and an authorised leave entitlement; and an entitlement to remuneration and promotion as affected by seniority; and an entitlement to notice of, or compensation for, dismissal. (sec.7-ssec.2) In this section— authorised leave means leave authorised by— the employer; or an industrial instrument; or an order of a court or tribunal having power to fix wages and other employment conditions; or the employee’s employment contract; or a Commonwealth or State law.
For section 297 (1) (a) of the Act , an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer— that the illness or injury will cause the employee to be absent from work; and of the approximate period for which the employee will be absent. An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee— promptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and either— gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or gives the employer other evidence of the illness or injury to the employer’s satisfaction. Without limiting subsection (2) , if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument. Despite subsections (1) to (3) , an illness or injury is not a prescribed illness or injury if— the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and the employee is not on paid sick leave or carer’s leave under chapter 2 , part 3 , division 6 , subdivision 1 or 2 of the Act . (sec.8-ssec.1) For section 297 (1) (a) of the Act , an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer— that the illness or injury will cause the employee to be absent from work; and of the approximate period for which the employee will be absent. (sec.8-ssec.2) An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee— promptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and either— gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or gives the employer other evidence of the illness or injury to the employer’s satisfaction. (sec.8-ssec.3) Without limiting subsection (2) , if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument. (sec.8-ssec.4) Despite subsections (1) to (3) , an illness or injury is not a prescribed illness or injury if— the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and the employee is not on paid sick leave or carer’s leave under chapter 2 , part 3 , division 6 , subdivision 1 or 2 of the Act .
For section 337 (4) (a) of the Act , an application for an authority must— be made in the form provided for in the rules made under section 551 of the Act ; and state whether the person to be authorised is an officer, or employee, of the organisation; and be signed by the applicant’s president or secretary; and be accompanied by— 1 passport-sized photograph of the person signed on the reverse side by the person; and 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person. s 9 amd 2022 SL No. 100 s 3
For section 376 (4) of the Act , the amount is ¾ of the wages payable for the pay period.
For section 948 (6) of the Act , the amount is ¾ of the amount that would otherwise be paid to the health employee on the single occasion, disregarding any deductions for any purpose.
For section 400 (2) (a) of the Act , the particulars are as follows— the name of the person for whom the work is to be carried out; the address of the place of work; the particulars of the work; for modelling work—modelling clothing for a performer—live theatre the period of the work; the gross amount payable to the model or performer by the person for whom the work is to be carried out; an itemised list of the fees payable to the agent by the model or performer; the net amount the model or performer is to receive after payment of the agent’s fees; if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment. In this section— industrial instrument includes a federal industrial instrument. (sec.12-ssec.1) For section 400 (2) (a) of the Act , the particulars are as follows— the name of the person for whom the work is to be carried out; the address of the place of work; the particulars of the work; for modelling work—modelling clothing for a performer—live theatre the period of the work; the gross amount payable to the model or performer by the person for whom the work is to be carried out; an itemised list of the fees payable to the agent by the model or performer; the net amount the model or performer is to receive after payment of the agent’s fees; if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment. (sec.12-ssec.2) In this section— industrial instrument includes a federal industrial instrument.
For section 400 (2) (b) of the Act , the percentage is the percentage provided for under schedule 1 .
For section 400 (2) (b) of the Act , the allowances or payments are as follows— travelling and meal allowance; holiday pay; long service leave payments; superannuation payments; overtime or penalty payments paid on an irregular basis; A model or performer may occasionally work overtime during the period of the work. payments for rehearsals.
In this part— industrial tribunal means the court, commission or registrar.
An application to an industrial tribunal under chapter 12 of the Act must— be filed in the registry; and be in the form provided for in the rules made under section 551 of the Act ; and state the facts and issues the applicant relies on to support the application. However, subsection (1) (c) does not apply to an application to which section 689 of the Act applies. If an applicant to an industrial tribunal under chapter 12 of the Act is not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application. (sec.16-ssec.1) An application to an industrial tribunal under chapter 12 of the Act must— be filed in the registry; and be in the form provided for in the rules made under section 551 of the Act ; and state the facts and issues the applicant relies on to support the application. (sec.16-ssec.2) However, subsection (1) (c) does not apply to an application to which section 689 of the Act applies. (sec.16-ssec.3) If an applicant to an industrial tribunal under chapter 12 of the Act is not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application.
This section applies to an application for— registration as an organisation; or a change of list of callings; or amendment of the name of an organisation, other than an application made under section 660 of the Act ; or amendment of eligibility rules of an organisation. The applicant may file a statement supporting the application when the application is filed. The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed— in a newspaper circulating throughout the State; and if the registrar considers it appropriate, in another newspaper or publication. Also, if the registrar considers it appropriate, the registrar may publish the notice on the QIRC website. The applicant must, within 7 days of publication of the notice under subsection (3) — serve a copy of the notice on each organisation whose callings— include the callings of the applicant’s members; or relate to the applicant’s eligibility rules; and file in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication. The application must be dealt with, as far as is practicable, in the order that it was filed. Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary. (sec.17-ssec.1) This section applies to an application for— registration as an organisation; or a change of list of callings; or amendment of the name of an organisation, other than an application made under section 660 of the Act ; or amendment of eligibility rules of an organisation. (sec.17-ssec.2) The applicant may file a statement supporting the application when the application is filed. (sec.17-ssec.3) The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed— in a newspaper circulating throughout the State; and if the registrar considers it appropriate, in another newspaper or publication. (sec.17-ssec.4) Also, if the registrar considers it appropriate, the registrar may publish the notice on the QIRC website. (sec.17-ssec.5) The applicant must, within 7 days of publication of the notice under subsection (3) — serve a copy of the notice on each organisation whose callings— include the callings of the applicant’s members; or relate to the applicant’s eligibility rules; and file in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication. (sec.17-ssec.6) The application must be dealt with, as far as is practicable, in the order that it was filed. (sec.17-ssec.7) Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary.
An application for any of the following must state the grounds on which it is made— an approval under section 635 of the Act ; an exemption under chapter 12 , part 12 of the Act ; cancellation of an exemption under section 824 of the Act ; a deregistration order.
This section applies to an application for an exemption under section 802 of the Act from holding an election for a stated office. The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application. An applicant may give the notice by including it in a publication it gives its members free of charge. The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with. (sec.19-ssec.1) This section applies to an application for an exemption under section 802 of the Act from holding an election for a stated office. (sec.19-ssec.2) The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application. (sec.19-ssec.3) An applicant may give the notice by including it in a publication it gives its members free of charge. (sec.19-ssec.4) The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with.
For section 813 (1) (b) of the Act , the way a member of the organisation or branch is to be given notice of the making of the resolution is by— giving the member a copy of the resolution; or for an organisation or branch that gives its members a publication free of charge—including a notice of the making of the resolution in the publication.
For section 814 of the Act , the way the notice is to be published is in— a newspaper circulating generally throughout the State; and another newspaper or publication the registrar considers appropriate. The notice must be published within 21 days after the application is filed in the registry. (sec.21-ssec.1) For section 814 of the Act , the way the notice is to be published is in— a newspaper circulating generally throughout the State; and another newspaper or publication the registrar considers appropriate. (sec.21-ssec.2) The notice must be published within 21 days after the application is filed in the registry.
If an application under section 879 of the Act for a deregistration order is made by an organisation, the application must be— under the organisation’s seal; or signed by 2 of the organisation’s officers authorised to sign the application.
This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 879 (4) of the Act . The registrar must make appropriate inquiries by letters sent to the— organisation’s registered office; and members of the organisation’s management committee last known to the registrar at each member’s last known address. If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating— the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and a person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act , in the registry within 35 days of the publication. If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of a notice of objection filed. (sec.23-ssec.1) This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 879 (4) of the Act . (sec.23-ssec.2) The registrar must make appropriate inquiries by letters sent to the— organisation’s registered office; and members of the organisation’s management committee last known to the registrar at each member’s last known address. (sec.23-ssec.3) If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating— the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and a person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act , in the registry within 35 days of the publication. (sec.23-ssec.4) If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of a notice of objection filed.
For section 894 (3) of the Act , an interested person for a decision sought to be made by any of the following applications may object to the making of a decision on the application— an application for amendment of name other than an application made under section 660 of the Act ; an application for amendment of eligibility rules; an application for a change of list of callings. A person who has been given written notice under section 19 (2) of an application for an exemption under section 802 of the Act may object to the making of a decision on the application. A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 812 of the Act may object to the making of a decision on the application. An interested person for a decision sought to be made by an application by the registrar for a deregistration order under section 879 (4) of the Act may object to the making of a decision on the application. A person who may object to the making of a decision on an application must give notice of an objection to the industrial tribunal. (sec.24-ssec.1) For section 894 (3) of the Act , an interested person for a decision sought to be made by any of the following applications may object to the making of a decision on the application— an application for amendment of name other than an application made under section 660 of the Act ; an application for amendment of eligibility rules; an application for a change of list of callings. (sec.24-ssec.2) A person who has been given written notice under section 19 (2) of an application for an exemption under section 802 of the Act may object to the making of a decision on the application. (sec.24-ssec.3) A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 812 of the Act may object to the making of a decision on the application. (sec.24-ssec.4) An interested person for a decision sought to be made by an application by the registrar for a deregistration order under section 879 (4) of the Act may object to the making of a decision on the application. (sec.24-ssec.5) A person who may object to the making of a decision on an application must give notice of an objection to the industrial tribunal.
This section applies to a notice of objection under— section 606 (1) (b) of the Act ; and section 24 . The notice must— be in the form provided for in the rules made under section 551 of the Act ; and state the grounds on which the objection is made; and be filed in the registry within 35 days after— for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or for another objection—the publication of the notice of the application to which the objection relates; and be accompanied by a statement of the facts and issues the objector relies on in support of the objection. For subsection (2) (c) (i) , if written notice of the application was given on more than 1 day under section 19 (2) , the notice of objection must be filed in the registry within 35 days of the latest day on which notice was given. A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice. On application, the relevant industrial tribunal may grant leave to extend the period for filing a notice of objection. (sec.25-ssec.1) This section applies to a notice of objection under— section 606 (1) (b) of the Act ; and section 24 . (sec.25-ssec.2) The notice must— be in the form provided for in the rules made under section 551 of the Act ; and state the grounds on which the objection is made; and be filed in the registry within 35 days after— for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or for another objection—the publication of the notice of the application to which the objection relates; and be accompanied by a statement of the facts and issues the objector relies on in support of the objection. (sec.25-ssec.3) For subsection (2) (c) (i) , if written notice of the application was given on more than 1 day under section 19 (2) , the notice of objection must be filed in the registry within 35 days of the latest day on which notice was given. (sec.25-ssec.4) A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice. (sec.25-ssec.5) On application, the relevant industrial tribunal may grant leave to extend the period for filing a notice of objection.
The applicant may file a written response to an objection in the registry within 14 days after the notice of objection is served on the applicant. The response must be accompanied by a statement of the facts and issues relied on in support of the response. The applicant must serve a copy of the response on the person who objected within 7 days after filing the response. (sec.26-ssec.1) The applicant may file a written response to an objection in the registry within 14 days after the notice of objection is served on the applicant. (sec.26-ssec.2) The response must be accompanied by a statement of the facts and issues relied on in support of the response. (sec.26-ssec.3) The applicant must serve a copy of the response on the person who objected within 7 days after filing the response.
This section applies to an application under chapter 12 of the Act other than— an application made for the purpose of section 660 of the Act ; or an application for an election inquiry under section 688 of the Act . The industrial tribunal that is to hear the application must— fix a time and place to hear the application and objections; and give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act . (sec.27-ssec.1) This section applies to an application under chapter 12 of the Act other than— an application made for the purpose of section 660 of the Act ; or an application for an election inquiry under section 688 of the Act . (sec.27-ssec.2) The industrial tribunal that is to hear the application must— fix a time and place to hear the application and objections; and give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act .
This section applies to a hearing for— cancellation of an approval under section 638 of the Act ; and amendment of rules under chapter 12 , part 6 , division 1 of the Act ; and cancellation of an exemption under section 824 of the Act ; and a deregistration order under section 879 (3) of the Act . A notice under section 27 (2) (b) of the time and place of the hearing must also state the following information— if section 654 or 879 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates; the reasons for the proposed cancellation, amendment or deregistration order; If the registrar considers an organisation’s rules contravene the Act , how the rules contravene the Act . any proposed amendments to the organisation’s rules; that the organisation may make oral or written submissions to show why— the exemption or approval should not be cancelled; or the rules should not be amended; or the deregistration order should not be made; the person to whom the notice is given may file a written submission within a stated time. (sec.28-ssec.1) This section applies to a hearing for— cancellation of an approval under section 638 of the Act ; and amendment of rules under chapter 12 , part 6 , division 1 of the Act ; and cancellation of an exemption under section 824 of the Act ; and a deregistration order under section 879 (3) of the Act . (sec.28-ssec.2) A notice under section 27 (2) (b) of the time and place of the hearing must also state the following information— if section 654 or 879 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates; the reasons for the proposed cancellation, amendment or deregistration order; If the registrar considers an organisation’s rules contravene the Act , how the rules contravene the Act . any proposed amendments to the organisation’s rules; that the organisation may make oral or written submissions to show why— the exemption or approval should not be cancelled; or the rules should not be amended; or the deregistration order should not be made; the person to whom the notice is given may file a written submission within a stated time.
Giving a person an opportunity to be heard under section 894 of the Act includes giving the person an opportunity to make written submissions within a period decided by the tribunal.
An objector may rely only on the grounds stated in the notice of objection given under section 25 . However, the tribunal may allow the objector to rely on another ground if— the objector gives adequate reasons for doing so; and the applicant is given an opportunity to be heard. (sec.30-ssec.1) An objector may rely only on the grounds stated in the notice of objection given under section 25 . (sec.30-ssec.2) However, the tribunal may allow the objector to rely on another ground if— the objector gives adequate reasons for doing so; and the applicant is given an opportunity to be heard.
For section 616 (2) of the Act , the amount is $5.00.
The model election rules are in schedule 2 .
For section 669 (1) of the Act , the information is as follows— the name of each office for which an election is needed; whether the election is because— the term of the office will be ending; or there is a casual vacancy in the office; or of a new office created under the organisation’s or branch’s rules; the number of offices for election; if membership figures are used to calculate the number of offices, the figures when— more than 1 office for which an election is needed has the same name; and the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ; if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division; the day and time of the start and end of the term for each office for which an election is required; whether the organisation or branch has adopted the model election rules without change; if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes— whether the voting system for the election is a direct voting system or a collegiate electoral system; and how the organisation’s or branch’s rules require the result of the election to be decided. The information mentioned in subsection (1) (h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information. Information mentioned in subsection (1) must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 669 (1) of the Act . For section 669 (2) of the Act , the day is the day that is 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules. (sec.33-ssec.1) For section 669 (1) of the Act , the information is as follows— the name of each office for which an election is needed; whether the election is because— the term of the office will be ending; or there is a casual vacancy in the office; or of a new office created under the organisation’s or branch’s rules; the number of offices for election; if membership figures are used to calculate the number of offices, the figures when— more than 1 office for which an election is needed has the same name; and the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ; if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division; the day and time of the start and end of the term for each office for which an election is required; whether the organisation or branch has adopted the model election rules without change; if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes— whether the voting system for the election is a direct voting system or a collegiate electoral system; and how the organisation’s or branch’s rules require the result of the election to be decided. (sec.33-ssec.2) The information mentioned in subsection (1) (h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information. (sec.33-ssec.3) Information mentioned in subsection (1) must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 669 (1) of the Act . (sec.33-ssec.4) For section 669 (2) of the Act , the day is the day that is 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules.
This section— sets out the particulars for section 118 ; and prescribes the particulars for an election result report under section 676 or 818 of the Act . The particulars are as follows— how many ballot papers were printed; how many eligible members were on the roll for the election or ballot, including a supplementary roll; how many ballot papers were given; how many duplicate ballot papers were given; how many ballot papers were not given; how many ballot papers were returned other than as unclaimed mail; how many ballot papers were returned as unclaimed mail; how many ballot papers were not returned; how many votes were informal; how many votes were rejected for a reason other than being informal and the reason for each rejection; For a postal vote, the voter’s voting declaration was— not filled in or signed; or not put in the return envelope; or taken from the return envelope before the manager of the ballot received the return envelope. how many ballot papers were counted; the percentage of voters who voted; how many formal votes were— for an election—for each candidate; or for a proposed amalgamation or withdrawal—for and against the proposal; if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences; if the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114 (2) — the number of votes for and against the alternative amalgamation; and the number of votes that were informal. (sec.34-ssec.1) This section— sets out the particulars for section 118 ; and prescribes the particulars for an election result report under section 676 or 818 of the Act . (sec.34-ssec.2) The particulars are as follows— how many ballot papers were printed; how many eligible members were on the roll for the election or ballot, including a supplementary roll; how many ballot papers were given; how many duplicate ballot papers were given; how many ballot papers were not given; how many ballot papers were returned other than as unclaimed mail; how many ballot papers were returned as unclaimed mail; how many ballot papers were not returned; how many votes were informal; how many votes were rejected for a reason other than being informal and the reason for each rejection; For a postal vote, the voter’s voting declaration was— not filled in or signed; or not put in the return envelope; or taken from the return envelope before the manager of the ballot received the return envelope. how many ballot papers were counted; the percentage of voters who voted; how many formal votes were— for an election—for each candidate; or for a proposed amalgamation or withdrawal—for and against the proposal; if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences; if the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114 (2) — the number of votes for and against the alternative amalgamation; and the number of votes that were informal.
The manager of an election or ballot must— make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and within 1 day of making the declaration, give a copy of it to— the organisation, branch, or constituent part that the election or ballot was about; and for an election—each candidate. The declaration may be countersigned by a scrutineer. (sec.35-ssec.1) The manager of an election or ballot must— make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and within 1 day of making the declaration, give a copy of it to— the organisation, branch, or constituent part that the election or ballot was about; and for an election—each candidate. (sec.35-ssec.2) The declaration may be countersigned by a scrutineer.
The manager of an election or ballot must, within 1 day of the giving of the report for the election under section 676 or 818 of the Act or the ballot under section 118 , give a copy of the report to— the organisation, branch or constituent part that the election or ballot was about; and for an election—each candidate who asks the manager for a copy of the report.
A voter may ask a manager of an election or ballot to give stated information that— may allow the voter to find out whether there has been an irregularity for the election or ballot; and is in the manager’s knowledge. whether ballot papers were posted on the same day if all material required to be given to voters for a ballot was given The manager must give the information to the voter. Maximum penalty—20 penalty units. However, subsection (2) does not make an electoral officer liable for an offence. (sec.37-ssec.1) A voter may ask a manager of an election or ballot to give stated information that— may allow the voter to find out whether there has been an irregularity for the election or ballot; and is in the manager’s knowledge. whether ballot papers were posted on the same day if all material required to be given to voters for a ballot was given (sec.37-ssec.2) The manager must give the information to the voter. Maximum penalty—20 penalty units. (sec.37-ssec.3) However, subsection (2) does not make an electoral officer liable for an offence.
A person, other than the manager of an election or ballot, must not do, or purport to do, an act in the conduct of the ballot, unless authorised by the manager. Maximum penalty—20 penalty units.
The manager of an election or ballot must ensure each ballot paper for the election— has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and is of a type of paper that hides a vote marked on it from view when it is folded once. Maximum penalty—20 penalty units. However, subsection (1) does not make an electoral officer liable for an offence. (sec.39-ssec.1) The manager of an election or ballot must ensure each ballot paper for the election— has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and is of a type of paper that hides a vote marked on it from view when it is folded once. Maximum penalty—20 penalty units. (sec.39-ssec.2) However, subsection (1) does not make an electoral officer liable for an offence.
For section 740 (1) of the Act , the requirements for an organisation’s policy are the requirements mentioned in schedule 3 .
For section 757 (1) (c) of the Act , the registrar must give the organisation written notice of the registrar’s intention to issue a certificate under section 755 of the Act . The notice must state— the reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752 (3) of the Act ; and any proposed changes to the rules under section 757 (3) of the Act ; and that a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules. (sec.41-ssec.1) For section 757 (1) (c) of the Act , the registrar must give the organisation written notice of the registrar’s intention to issue a certificate under section 755 of the Act . (sec.41-ssec.2) The notice must state— the reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752 (3) of the Act ; and any proposed changes to the rules under section 757 (3) of the Act ; and that a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules.
For section 759 (6) (b) of the Act , the registrar must give each reporting unit of an organisation written notice of— the registrar’s intention to revoke a certificate issued to the organisation; and any proposed rule changes. The notice must state— the reasons for the proposed revocation; and that a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes. (sec.42-ssec.1) For section 759 (6) (b) of the Act , the registrar must give each reporting unit of an organisation written notice of— the registrar’s intention to revoke a certificate issued to the organisation; and any proposed rule changes. (sec.42-ssec.2) The notice must state— the reasons for the proposed revocation; and that a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes.
For sections 757 (4) and 759 (8) of the Act , the registrar must, for the purpose of giving an organisation and an affected reporting unit an opportunity to be heard on a matter— fix a time and a place for a hearing on the matter; and give the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating— the matter that is to be heard; and the time and place for the hearing; and that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and how submissions may be made. The organisation and an affected reporting unit may make submissions to the registrar by— giving the registrar written submissions at least 2 days before the hearing; or appearing at the hearing and making oral submissions. (sec.43-ssec.1) For sections 757 (4) and 759 (8) of the Act , the registrar must, for the purpose of giving an organisation and an affected reporting unit an opportunity to be heard on a matter— fix a time and a place for a hearing on the matter; and give the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating— the matter that is to be heard; and the time and place for the hearing; and that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and how submissions may be made. (sec.43-ssec.2) The organisation and an affected reporting unit may make submissions to the registrar by— giving the registrar written submissions at least 2 days before the hearing; or appearing at the hearing and making oral submissions.
For section 778 (3) (a) of the Act , a concise financial report must include— the following financial statements included in the general purpose financial report— a profit and loss statement, or other operating statement; a balance sheet; a statement of cash flows; and disclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and the principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and reports or statements mentioned in section 763 (2) (c) of the Act included in the general purpose financial report; and a statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and the notice mentioned in section 787 (6) of the Act . A concise report may include other information from the full report. In this section— full report means a report mentioned in section 778 (1) (a) of the Act . (sec.44-ssec.1) For section 778 (3) (a) of the Act , a concise financial report must include— the following financial statements included in the general purpose financial report— a profit and loss statement, or other operating statement; a balance sheet; a statement of cash flows; and disclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and the principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and reports or statements mentioned in section 763 (2) (c) of the Act included in the general purpose financial report; and a statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and the notice mentioned in section 787 (6) of the Act . (sec.44-ssec.2) A concise report may include other information from the full report. (sec.44-ssec.3) In this section— full report means a report mentioned in section 778 (1) (a) of the Act .
For section 785 (5) of the Act , the period is as soon as practicable after the end of the financial year.
For section 785 (8) (b) of the Act , the certificate must certify whether, in the opinion of the designated officer— all requirements prescribed under the Act for establishing and keeping the ORU’s accounts have been complied with in all material respects during the financial year; and the general purpose financial statement presents a true and fair view, in compliance with the prescribed accounting standards, of the ORU’s transactions for the financial year and the financial position at the end of the year.
For section 787 (1) of the Act , the information is the information mentioned in schedule 4 .
Existing organisations may jointly apply to the commission for recognition as a federation. The application must— be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and include the following particulars— the proposed federation’s name; the names of the existing organisations proposed to be constituent organisations of the proposed federation; the proposed federation’s address for service; the names of the proposed officers of the federation; and be accompanied by a copy of— the proposed federation’s rules; or the agreement about the proposed federation’s functions and powers. The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation. If the application is allowed, the registrar must enter the following particulars in the register kept under section 614 (1) (a) of the Act — the federation’s name; its constituent organisations’ names. (sec.48-ssec.1) Existing organisations may jointly apply to the commission for recognition as a federation. (sec.48-ssec.2) The application must— be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and include the following particulars— the proposed federation’s name; the names of the existing organisations proposed to be constituent organisations of the proposed federation; the proposed federation’s address for service; the names of the proposed officers of the federation; and be accompanied by a copy of— the proposed federation’s rules; or the agreement about the proposed federation’s functions and powers. (sec.48-ssec.3) The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation. (sec.48-ssec.4) If the application is allowed, the registrar must enter the following particulars in the register kept under section 614 (1) (a) of the Act — the federation’s name; its constituent organisations’ names.
After it is recognised, a federation may represent its constituent organisations and the members of the constituent organisations under the Act . However— an organisation belonging to a federation may still represent itself or its members; and a federation may not become a party to an industrial instrument. (sec.49-ssec.1) After it is recognised, a federation may represent its constituent organisations and the members of the constituent organisations under the Act . (sec.49-ssec.2) However— an organisation belonging to a federation may still represent itself or its members; and a federation may not become a party to an industrial instrument.
A federation may, with the commission’s approval, amend its composition— if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or to release an organisation from the federation. If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 614 (1) (a) of the Act . (sec.50-ssec.1) A federation may, with the commission’s approval, amend its composition— if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or to release an organisation from the federation. (sec.50-ssec.2) If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 614 (1) (a) of the Act .
A federation ends— on the amalgamation day for the proposed amalgamation; or if a ballot application for the proposed amalgamation is not made within 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or if, on an application by the Minister or by a person the full bench considers is an interested person, a full bench decides the achievement of an object of this Act is being prevented by the industrial conduct of the federation or any of its constituent organisations—on the day the decision is made.
This section applies to a federation if there is a change in— a particular mentioned in section 48 (2) (b) ; or the federation’s rules; or the agreement about the federation’s functions and powers. Within 28 days after the change, the federation is to file in the registry a statement including the details of the change. (sec.52-ssec.1) This section applies to a federation if there is a change in— a particular mentioned in section 48 (2) (b) ; or the federation’s rules; or the agreement about the federation’s functions and powers. (sec.52-ssec.2) Within 28 days after the change, the federation is to file in the registry a statement including the details of the change.
Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. The application must— state the grounds on which it is made; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and be filed in the registry before or with the ballot application for the proposed amalgamation. Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants. If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. If, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect. There is a community of interest between existing organisations about the existing organisations’ industrial interests if— a substantial number of members of 1 of the organisations are— eligible to become members of the other organisation or each of the other organisations; or engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or bound by the same industrial instruments as other members; or for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or the commission is otherwise satisfied there is a community of interest. (sec.53-ssec.1) Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. (sec.53-ssec.2) The application must— state the grounds on which it is made; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and be filed in the registry before or with the ballot application for the proposed amalgamation. (sec.53-ssec.3) Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants. (sec.53-ssec.4) If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. (sec.53-ssec.5) If, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect. (sec.53-ssec.6) There is a community of interest between existing organisations about the existing organisations’ industrial interests if— a substantial number of members of 1 of the organisations are— eligible to become members of the other organisation or each of the other organisations; or engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or bound by the same industrial instruments as other members; or for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or the commission is otherwise satisfied there is a community of interest.
A community of interest declaration ends if— the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and a ballot application for the proposed amalgamation is not filed within 6 months after the declaration. The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about the existing organisations’ industrial interests. (sec.54-ssec.1) A community of interest declaration ends if— the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and a ballot application for the proposed amalgamation is not filed within 6 months after the declaration. (sec.54-ssec.2) The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about the existing organisations’ industrial interests.
Anything that must or may be done under this part by a constituent part must or may be done by— a management committee of the constituent part; or if there is no management committee of the constituent part—the representative constituent member.
A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about. A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw. An approval under subsection (1) may be given only by the organisation’s management committee. The management committee’s approval must be by resolution. Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution— a scheme; a scheme amendment; a proposed amendment of its rules in a scheme. (sec.56-ssec.1) A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about. (sec.56-ssec.2) A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw. (sec.56-ssec.3) An approval under subsection (1) may be given only by the organisation’s management committee. (sec.56-ssec.4) The management committee’s approval must be by resolution. (sec.56-ssec.5) Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution— a scheme; a scheme amendment; a proposed amendment of its rules in a scheme.
The scheme for a proposed amalgamation must state the following— the general nature of the amalgamation, showing— the existing organisations; and if an existing organisation is the proposed amalgamated organisation—that fact; and if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and the organisations that are proposed to be deregistered; that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation; if it is proposed to change an existing organisation’s name—particulars of the proposed change; if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments; if an association is proposed to be registered as an organisation—its eligibility and other rules; if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change; the arrangements that will exist on amalgamation for the property of the proposed deregistering organisations; the arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations. The scheme for a proposed withdrawal must state the following— the general nature of the withdrawal, showing— the amalgamated organisation; and the name and rules of the proposed newly registered organisation; that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation. Subsections (1) and (2) do not limit the matters stated in a scheme. (sec.57-ssec.1) The scheme for a proposed amalgamation must state the following— the general nature of the amalgamation, showing— the existing organisations; and if an existing organisation is the proposed amalgamated organisation—that fact; and if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and the organisations that are proposed to be deregistered; that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation; if it is proposed to change an existing organisation’s name—particulars of the proposed change; if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments; if an association is proposed to be registered as an organisation—its eligibility and other rules; if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change; the arrangements that will exist on amalgamation for the property of the proposed deregistering organisations; the arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations. (sec.57-ssec.2) The scheme for a proposed withdrawal must state the following— the general nature of the withdrawal, showing— the amalgamated organisation; and the name and rules of the proposed newly registered organisation; that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation. (sec.57-ssec.3) Subsections (1) and (2) do not limit the matters stated in a scheme.
A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations. Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about. Each alternative scheme must show details of the differences between— the proposed amalgamation and each proposed alternative amalgamation; and a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under— the proposed amalgamation; and each proposed alternative amalgamation. (sec.58-ssec.1) A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations. (sec.58-ssec.2) Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about. (sec.58-ssec.3) Each alternative scheme must show details of the differences between— the proposed amalgamation and each proposed alternative amalgamation; and a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under— the proposed amalgamation; and each proposed alternative amalgamation.
The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme. The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. The permission may— for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees— as far as the amendment affects the proposed amalgamated organisation or its rules; and despite the proposed amalgamated organisation’s rules; and for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part— as far as the amendment affects the proposed newly registered organisation or its rules; and despite the proposed newly registered organisation’s rules; and provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and be given on conditions stated by the commission. If the commission gives the permission on conditions and the conditions are contravened, the commission may— amend the scheme; or give directions or make orders about— holding the ballot; or procedures for the amalgamation or withdrawal. Subsection (4) does not limit the commission’s other powers. If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment. (sec.59-ssec.1) The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme. (sec.59-ssec.2) The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. (sec.59-ssec.3) The permission may— for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees— as far as the amendment affects the proposed amalgamated organisation or its rules; and despite the proposed amalgamated organisation’s rules; and for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part— as far as the amendment affects the proposed newly registered organisation or its rules; and despite the proposed newly registered organisation’s rules; and provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and be given on conditions stated by the commission. (sec.59-ssec.4) If the commission gives the permission on conditions and the conditions are contravened, the commission may— amend the scheme; or give directions or make orders about— holding the ballot; or procedures for the amalgamation or withdrawal. (sec.59-ssec.5) Subsection (4) does not limit the commission’s other powers. (sec.59-ssec.6) If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment.
A scheme outline must be no more than 3,000 words, unless the commission approves otherwise. The outline may, if the commission approves, include things other than words, including, for example, diagrams, illustrations and photographs. The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline. The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline. The commission may amend the outline to— correct factual errors; or ensure it complies with the Act . (sec.60-ssec.1) A scheme outline must be no more than 3,000 words, unless the commission approves otherwise. (sec.60-ssec.2) The outline may, if the commission approves, include things other than words, including, for example, diagrams, illustrations and photographs. (sec.60-ssec.3) The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline. (sec.60-ssec.4) The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline. (sec.60-ssec.5) The commission may amend the outline to— correct factual errors; or ensure it complies with the Act .
An application may be made to the commission for an amalgamation ballot. The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation. The application must— be accompanied by— a copy of the scheme for the proposed amalgamation; and a written scheme outline; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 , signed by the president or secretary of the existing organisation whose management committee passed it; and be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5) (b) has been complied with. Service of a document on the applicant nominated under subsection (3) (b) is taken to be service on each of the applicants. An application may be made only if each existing organisation’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge. (sec.61-ssec.1) An application may be made to the commission for an amalgamation ballot. (sec.61-ssec.2) The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation. (sec.61-ssec.3) The application must— be accompanied by— a copy of the scheme for the proposed amalgamation; and a written scheme outline; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 , signed by the president or secretary of the existing organisation whose management committee passed it; and be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5) (b) has been complied with. (sec.61-ssec.4) Service of a document on the applicant nominated under subsection (3) (b) is taken to be service on each of the applicants. (sec.61-ssec.5) An application may be made only if each existing organisation’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge.
An application may be made to the commission for a withdrawal ballot. However, an application may not be made if— it is more than 2 years after the amalgamation happened; or in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal. The application may be made by— the lesser of— the number equal to 5% of the constituent members on the day the application is filed; or 2,000 constituent members; or the management committee of a constituent part. An application may be made only if the constituent part has given the constituent members notice of the making of the application. The notice must be given— personally; or by post, addressed to the constituent member’s residential address; or in a publication the amalgamated organisation or constituent part gives the constituent members free of charge. The application must state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part. The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with. (sec.62-ssec.1) An application may be made to the commission for a withdrawal ballot. (sec.62-ssec.2) However, an application may not be made if— it is more than 2 years after the amalgamation happened; or in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal. (sec.62-ssec.3) The application may be made by— the lesser of— the number equal to 5% of the constituent members on the day the application is filed; or 2,000 constituent members; or the management committee of a constituent part. (sec.62-ssec.4) An application may be made only if the constituent part has given the constituent members notice of the making of the application. (sec.62-ssec.5) The notice must be given— personally; or by post, addressed to the constituent member’s residential address; or in a publication the amalgamated organisation or constituent part gives the constituent members free of charge. (sec.62-ssec.6) The application must state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part. (sec.62-ssec.7) The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.
A proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption ) from the requirement to hold a ballot for the amalgamation. The application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application. The application must— be filed in the registry together with the ballot application for the amalgamation; and state the ground on which it is made; and be signed by the president or secretary of the applicant; and be accompanied by an affidavit by a member of the applicant’s management committee stating— the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and subsection (4) (b) has been complied with. An application may be made only if the applicant’s management committee has— resolved to make the application; and notified the organisation’s members of the making of the resolution by— giving each member a copy of the resolution; or including it in a publication the organisation gives its members free of charge. (sec.63-ssec.1) A proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption ) from the requirement to hold a ballot for the amalgamation. (sec.63-ssec.2) The application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application. (sec.63-ssec.3) The application must— be filed in the registry together with the ballot application for the amalgamation; and state the ground on which it is made; and be signed by the president or secretary of the applicant; and be accompanied by an affidavit by a member of the applicant’s management committee stating— the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and subsection (4) (b) has been complied with. (sec.63-ssec.4) An application may be made only if the applicant’s management committee has— resolved to make the application; and notified the organisation’s members of the making of the resolution by— giving each member a copy of the resolution; or including it in a publication the organisation gives its members free of charge.
This section applies if— an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act ; and the organisations propose to amalgamate under the Act . The organisations may apply to the commission for an exemption from holding an amalgamation ballot. The application must— be filed in the registry with the ballot application for the amalgamation; and state the grounds on which it is made; and be signed by the president or secretary of each organisation; and be accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4) (b) and (c) has been complied with. An application may be made only if the management committee of each organisation has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge; and notified each member of the member’s right to object to the application under section 74 in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including notice of the right in a publication the organisation gives its members free of charge. (sec.64-ssec.1) This section applies if— an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act ; and the organisations propose to amalgamate under the Act . (sec.64-ssec.2) The organisations may apply to the commission for an exemption from holding an amalgamation ballot. (sec.64-ssec.3) The application must— be filed in the registry with the ballot application for the amalgamation; and state the grounds on which it is made; and be signed by the president or secretary of each organisation; and be accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4) (b) and (c) has been complied with. (sec.64-ssec.4) An application may be made only if the management committee of each organisation has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge; and notified each member of the member’s right to object to the application under section 74 in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including notice of the right in a publication the organisation gives its members free of charge.
This section applies if— a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act , section 110 . The constituent part may apply to the commission for an exemption from holding a withdrawal ballot. The application must— be filed in the registry with the ballot application for the withdrawal; and state the grounds on which it is made; and state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part; and be signed by the representative constituent member; and be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with. An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways— personally; by post, addressed to the constituent member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge. (sec.65-ssec.1) This section applies if— a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act , section 110 . (sec.65-ssec.2) The constituent part may apply to the commission for an exemption from holding a withdrawal ballot. (sec.65-ssec.3) The application must— be filed in the registry with the ballot application for the withdrawal; and state the grounds on which it is made; and state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part; and be signed by the representative constituent member; and be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with. (sec.65-ssec.4) An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways— personally; by post, addressed to the constituent member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.
An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot ). A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot ). The application must— be filed in the registry with the ballot application for the amalgamation or withdrawal; and state, or be accompanied by, the proposal for the alternative ballot; and for an amalgamation ballot— be signed by the applicant’s president or secretary; and be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and for a withdrawal ballot— be signed by the applicant’s representative constituent member; and be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with. An application for an amalgamation ballot may be made only if the applicant’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including it in a publication the organisation gives its members free of charge. An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge. The alternative ballot must provide— that the ballot is to be— a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and held at meetings of the members; and carried out by the electoral commission; and otherwise held under the Act ; and that members are to be given at least 21 days notice of— the meetings; and the things to be considered at the meetings; and each member’s entitlement to an absentee vote; and for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99 ; and for absentee voting. (sec.66-ssec.1) An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot ). (sec.66-ssec.2) A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot ). (sec.66-ssec.3) The application must— be filed in the registry with the ballot application for the amalgamation or withdrawal; and state, or be accompanied by, the proposal for the alternative ballot; and for an amalgamation ballot— be signed by the applicant’s president or secretary; and be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and for a withdrawal ballot— be signed by the applicant’s representative constituent member; and be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with. (sec.66-ssec.4) An application for an amalgamation ballot may be made only if the applicant’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including it in a publication the organisation gives its members free of charge. (sec.66-ssec.5) An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge. (sec.66-ssec.6) The alternative ballot must provide— that the ballot is to be— a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and held at meetings of the members; and carried out by the electoral commission; and otherwise held under the Act ; and that members are to be given at least 21 days notice of— the meetings; and the things to be considered at the meetings; and each member’s entitlement to an absentee vote; and for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99 ; and for absentee voting.
A party to an application under section 53 (1) or 61 (1) may file a notice of the withdrawal of the application in the registry. If a notice is filed under subsection (1) , the registrar must take the steps the registrar considers necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal. The parties to an application under section 53 (1) or 61 (1) may jointly file a notice of withdrawal of the application in the registry. An applicant under section 62 (1) , 63 (1) , 64 (2) , 65 (2) or 66 may file a notice of withdrawal of the application in the registry. A party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application. However, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application. The statement must be signed by an authorised officer of the party or applicant or the representative constituent member. (sec.67-ssec.1) A party to an application under section 53 (1) or 61 (1) may file a notice of the withdrawal of the application in the registry. (sec.67-ssec.2) If a notice is filed under subsection (1) , the registrar must take the steps the registrar considers necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal. (sec.67-ssec.3) The parties to an application under section 53 (1) or 61 (1) may jointly file a notice of withdrawal of the application in the registry. (sec.67-ssec.4) An applicant under section 62 (1) , 63 (1) , 64 (2) , 65 (2) or 66 may file a notice of withdrawal of the application in the registry. (sec.67-ssec.5) A party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application. (sec.67-ssec.6) However, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application. (sec.67-ssec.7) The statement must be signed by an authorised officer of the party or applicant or the representative constituent member.
An existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case ) supporting either or both of the following— the proposed principal amalgamation; each proposed alternative amalgamation. A constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case ) supporting the withdrawal. A ‘yes’ case must be no more than 2,000 words. A ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal. (sec.68-ssec.1) An existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case ) supporting either or both of the following— the proposed principal amalgamation; each proposed alternative amalgamation. (sec.68-ssec.2) A constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case ) supporting the withdrawal. (sec.68-ssec.3) A ‘yes’ case must be no more than 2,000 words. (sec.68-ssec.4) A ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Industrial Relations Regulation 2018 .
This regulation commences on 1 March 2018.
The dictionary in schedule 6 defines particular words used in this regulation.
For working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service— the employee’s absence from work if there was a reasonable cause for the absence; the employee’s absence from work because of protected industrial action; another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service. An employee’s absence from work under subsection (1) (a) does break continuous service if— a decision requires the employee to— notify the employer of an absence from work; and substantiate the reason for the absence; and the employee does not comply with the decision. Also, an employee’s absence from work under subsection (1) (a) does break continuous service if— there is no decision mentioned in subsection (2) ; and the employee does not promptly notify the employer of— the employee’s absence from work; and the reason for the absence; and the likely duration of the absence. An employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service. A notification under subsection (1) (c) — must be given during, or within 14 days after the end of, the absence; and may be withdrawn by the employer. If the employer withdraws the notification, it is taken not to have been given. If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act . In this section— protected industrial action see section 233 (1) of the Act . (sec.4-ssec.1) For working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service— the employee’s absence from work if there was a reasonable cause for the absence; the employee’s absence from work because of protected industrial action; another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service. (sec.4-ssec.2) An employee’s absence from work under subsection (1) (a) does break continuous service if— a decision requires the employee to— notify the employer of an absence from work; and substantiate the reason for the absence; and the employee does not comply with the decision. (sec.4-ssec.3) Also, an employee’s absence from work under subsection (1) (a) does break continuous service if— there is no decision mentioned in subsection (2) ; and the employee does not promptly notify the employer of— the employee’s absence from work; and the reason for the absence; and the likely duration of the absence. (sec.4-ssec.4) An employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service. (sec.4-ssec.5) A notification under subsection (1) (c) — must be given during, or within 14 days after the end of, the absence; and may be withdrawn by the employer. (sec.4-ssec.6) If the employer withdraws the notification, it is taken not to have been given. (sec.4-ssec.7) If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act . (sec.4-ssec.8) In this section— protected industrial action see section 233 (1) of the Act .
Who is affected
**Why it matters (practical consequences and implementation mechanics)
It converts high‑level Act obligations into exact operational steps. That reduces uncertainty about process but imposes specific compliance tasks (forms, affidavits, timelines, notices, publications, ballot security and recordkeeping). Examples: proposed bargaining instruments must be accompanied by a prescribed affidavit with demographic, negotiation and no‑disadvantage test statements (s6); a ‘yes’ case and a ‘no’ case for amalgamation ballots have word limits and filing times (ss68–69).
Who pays and who decides:
Compliance burden and risk:
**Trade‑offs, incentives and likely effects on behaviour (mechanisms, not judgements)
Certainty vs administrative cost: the regulation reduces legal ambiguity by prescribing forms and steps (likely lowering dispute costs over ‘how’ to do something) but increases upfront compliance costs and managerial time for organisations and employers (e.g. affidavit contents, publication, election materials).
Centralised control and conditional flexibility: the commission’s power to permit scheme amendments or to accept undertakings (ss59, 80–83) concentrates decision authority with the regulator. That gives the commission tools to resolve borderline cases without starting over, but creates opportunities for contested interpretations and for parties to rely on regulator goodwill or conditions.
Concentrated benefits, diffuse costs: management committees and organisers of amalgamations gain procedural routes (e.g. management‑committee resolution can approve schemes — s56), a concentrated benefit. Costs — publication, ballots, and administration — fall diffusely on members and organisations.
Substitution and jurisdictional effects: declarations identifying certain employers as not national system employers (ss145–147) change which industrial law applies to those employers; this shifts regulatory jurisdiction and the set of applicable statutory rules and dispute forums for employees of those employers.
Examples of concrete compliance items and their locations
Bottom line This regulation is a detailed, operational companion to the Industrial Relations Act. It prescribes exactly how many routine but high‑stakes processes must be carried out (applications, ballots, elections, amalgamations/withdrawals, reporting and recordkeeping). The mechanical effects are clear: it reduces ambiguity by imposing forms and timelines, shifts substantial administrative work and compliance cost onto organisations and employers, centralises decision‑making power with the commission/registrar/ballot managers, and specifies who pays in a limited set of circumstances (the State pays for fresh ballots ordered after inquiry under s133).
For section 124 (3) of the Act , the amount taken to be payable is the average weekly remuneration payable to the employee— for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.
For section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information— whether the instrument is for a new business or is a project agreement or a multi-employer agreement; whether or not the instrument is made with an employee organisation; the industry in which the employer is engaged; the name of the relevant award or designated award; for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed; the number of male and female employees to be covered by the instrument; the number of apprentices or trainees to be covered by the instrument; the name and address of each employer to whom the instrument is to apply; if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated; the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument; the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument; a statement that the employer did not do something mentioned in section 195 (b) of the Act ; a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act . The affidavit must be in the form provided for in the rules made under section 551 of the Act . For section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument. (sec.6-ssec.1) For section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information— whether the instrument is for a new business or is a project agreement or a multi-employer agreement; whether or not the instrument is made with an employee organisation; the industry in which the employer is engaged; the name of the relevant award or designated award; for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed; the number of male and female employees to be covered by the instrument; the number of apprentices or trainees to be covered by the instrument; the name and address of each employer to whom the instrument is to apply; if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated; the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument; the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument; a statement that the employer did not do something mentioned in section 195 (b) of the Act ; a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act . (sec.6-ssec.2) The affidavit must be in the form provided for in the rules made under section 551 of the Act . (sec.6-ssec.3) For section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.
For section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example— a superannuation entitlement; and an authorised leave entitlement; and an entitlement to remuneration and promotion as affected by seniority; and an entitlement to notice of, or compensation for, dismissal. In this section— authorised leave means leave authorised by— the employer; or an industrial instrument; or an order of a court or tribunal having power to fix wages and other employment conditions; or the employee’s employment contract; or a Commonwealth or State law. (sec.7-ssec.1) For section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example— a superannuation entitlement; and an authorised leave entitlement; and an entitlement to remuneration and promotion as affected by seniority; and an entitlement to notice of, or compensation for, dismissal. (sec.7-ssec.2) In this section— authorised leave means leave authorised by— the employer; or an industrial instrument; or an order of a court or tribunal having power to fix wages and other employment conditions; or the employee’s employment contract; or a Commonwealth or State law.
For section 297 (1) (a) of the Act , an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer— that the illness or injury will cause the employee to be absent from work; and of the approximate period for which the employee will be absent. An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee— promptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and either— gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or gives the employer other evidence of the illness or injury to the employer’s satisfaction. Without limiting subsection (2) , if the employee is required under an industrial instrument to notify the employer of an absence from wo
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