Queensland Introduces New Industrial Relations Bill 2016

Friday 2 September 2016 @ 11.45 a.m. | Industrial Law

The Queensland Palaszczuk Government has introduced the Industrial Relations Bill 2016 into Parliament with the purpose of restoring fairness to the State’s industrial relations jurisdiction. The Bill is a result of the Palaszczuk Government’s independent review into the State’s industrial relations laws and tribunals. The Bill seeks to establish key defining features of the state's industrial relations system that would provide for a system that is fair and balanced as well economically and socially sound for Queenslanders.

The Review

The report that came from the review, ‘A review of the industrial relations framework of Queensland’, was published on 4 March 2016 and made a series of recommendations that sought to provide a sound foundation for a modern, fair and balanced system of industrial relations. As a result of the Commonwealth’s expansion of its industrial relations jurisdiction in 2005 to cover all trading corporations in the private sector, and the referral by the States of the non-incorporated private sectors to the Commonwealth in 2010, Queensland’s industrial relations jurisdiction now almost exclusively covers only the core public sector workers and Local government employees. The Report made a series of recommendations to reflect this changed reality.

Queensland Minister for Industrial Relations, Ms Grace Grace said:

"Job security, domestic violence, gender equality, the effects of changing technology and work-life balance are some of the other key areas highlighted in the review.”

The Report’s recommendations promote:

  • genuine consultation and cooperative industrial relations underpinned by collective bargaining for setting wages and conditions;
  • the independence of the industrial tribunals;
  • strong, effective and transparent governance;
  • accountability obligations for state-registered industrial organisations; and
  • the Queensland Government as a model employer.

Furthermore, the Report recommended the adoption of Commonwealth protections towards private sector employees including introducing a general protections and an anti-bullying jurisdiction in Queensland.

The Bill

According to Ms Grace in her explanatory speech:

“The bill establishes the key defining features of the state industrial relations system. These are a set of minimum employment conditions and standards; collective bargaining as a cornerstone for setting wages and conditions; a set of individual rights to fair treatment; effective, transparent and accountable governance and reporting obligations for all registered industrial organisations and employer associations; and a strong and effective independent umpire…The bill gives effect to the bargaining model developed in the report of the review panel, placing the emphasis on the parties to reach agreement through good faith bargaining and for the commission to assist the parties to reach agreement through conciliation. Arbitration will be available as a last resort only when an agreement cannot be reached.”

On top of this, the Bill strengthens workers’ rights with new significant protections such as those recommended in the report as detailed above. Further to this, it will align Queensland’s minimum employment standards with the national employment standards for parental, carers, and compassionate leave as well as provide for the ability to negotiate for flexible working arrangements. The Bill also gives the Queensland Industrial Relations Commission exclusive jurisdiction to hear any appeals from the Anti-Discrimination Commission Queensland with regards to all workplace-related anti-discrimination matters.

Local Government Association of Queensland Criticism

The LGAQ, who has been battling the Palaszczuk Government's industrial relations directive and reforms since the release of the report is critical of the new Bill. Having recently been defeated in a Supreme Court judicial review of Ms Grace’s ability to issue ministerial directions to restore the local worker’s condition, LGAQ now argues that, if passed, the new laws will set Queensland’s industrial relations back a century. 

LGAQ chief executive Greg Hallam argues that the law would allow the Minister the ability to dictate how many awards there should be and to ultimately make determinations under the guise of an independent umpire while sideline the Independent Queensland Industrial Relations Commission. He said:

“"Why have an independent umpire in the form of the Industrial Relations Commission when the Government herself is going to make those determinations? It's completely wrong and it takes away any faith that the system is independent, impartial or fair."

Ms Grace has since defended her Bill and expressed that she would be happy to discuss any issues of concern with LGAQ. 

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Related Articles: