Queensland Industrial Relations Act 2016 Updates
Friday 20 January 2017 @ 10.54 a.m. | Industrial Law
The Queensland Industrial Relations Act 2016 was assented on 9 December 2016. As previously reported, the Act will attempt to restore fairness to the State’s industrial relations jurisdiction. During its process through Parliament, the Act received a few amendments to clarify provisions of the Act and to ensure that the policy objectives of the overall Act are achieved.
Amendments to the Bill
During its Committee Hearing at Bill stage, issues were raised by stakeholders in relation to legal representation as brought up by the Act. Primarily, the Act as assented provides clarity that legal representation is generally to be by consent of the parties as is currently provided under the existing Queensland Industrial Relations Act 1999. It further affirms that legal representation can only be made by leave of the Commission in matters before the Full Bench. The amendments, as explained by the Queensland Government, strikes an appropriate balance to maintain the ‘layperson tribunal’ provisions while recognising complexity in matters where legal representation may be required.
Further amendments made to the Public Service Act 2008 were added to strengthen the conversion arrangements for temporary employees in the public sector to move to permanent employment, by ensuring that temporary employee reviews are conducted in a timely way and will take into account relevant parts of an industrial instrument. The amendments also introduced fair treatment appeal rights for public servants with the purpose of contributing to a fairer and more productive workplace.
Commencement of the Act
The majority of the Act will commence on a day fixed by proclamation, but, unless otherwise proclaimed, will completely commence by 9 December 2017.
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Sources:
Industrial Relations Act 2016; Bill, Explanatory Notes and Speech as Published on Law One
