Employment Law in Queensland | Employment Lawyers QLD
Employment Law in Queensland | Employment Lawyers QLD
Employment law legislation exists at both state and federal levels. Most Queensland employees are covered by the Fair Work Act 2009 (Cth) (FWA). However, workers employed by the Queensland government are regulated by the Queensland Industrial Relations Act 1999 (IR Act). This article deals with employment law in Queensland.
The Queensland Industrial Relations Act 1999
If you are an employee of the Queensland government, you are covered by the IR Act. This Act stipulates the minimum conditions of employment and the procedure for complaints about unfair dismissals, and establishes the Queensland Industrial Relations Commission and the Queensland Industrial Court.
If you are employed by the Queensland government then you are most likely also covered by an Award. Your Award is the primary document to refer to when looking for terms and conditions relating to your employment as it will override the legislated minimum under the IR Act, but only if the Award provisions are more favourable to the employee than the minimums set out in the Act. Queensland public servants can also refer to the Public Service Act 2008 for matters relating to their employment.
The minimum employment conditions cover:
- the minimum wage
- annual leave
- personal leave
- cultural leave for Aboriginal and Torres Strait Islander ceremonies
- long service leave
- public holidays
- jury service leave
- parental leave (including adoption and surrogacy leave)
- bereavement leave
- notice of termination; and
- redundancy pay.
Most of these Minimum Employment Conditions are in line with the National Employment Standards stipulated under the FWA. Entitlements are generally stipulated for the full time equivalent of service and casual workers, part-time workers, shift workers and pieceworkers should all be aware of their entitlements, as it may differ from the legislated minimum.
Unfair dismissal for Queensland employees
If you have been dismissed from your employment and believe that it was harsh, unjust or unreasonable, or that there was an invalid reason for your dismissal, you may have recourse through the unfair dismissal provisions under the IR Act or through the Fair Work Act. An invalid reason includes being temporarily absent due to illness or injury in circumstances where the absence is reasonable and being a member of an employee organisation. You must bring an application within 21 days of the date of dismissal.
You may be represented by an industrial advocate (from a union) or a lawyer, if the Commission approves. Once you have lodged the application form, the Commission will list the matter for a conference, where you may discuss the merits of your case with your former employer and the prospects of settling or resolving the matter.
Queensland Industrial Relations Commission and Industrial Court of QLD
The Queensland Industrial Relations Commission has many powers including:
- to make orders regarding the minimum wage (which is conducted annually)
- to make orders which it considers appropriate in order to ensure ‘equal remuneration for work of equal or comparable value’ for men and women
- to hear unfair dismissal matters, and
- the power to repeal or vary Awards.
The Industrial Court of Queensland hears cases stated to it by the Queensland Industrial Relations Commission, decides on matters for which a penalty is prescribed, and performs any other functions which are specifically prescribed under the IR Act.
Employment law legislation
All Queensland statutes and regulations related to employment law in Queensland are publicly available on the Queensland Government’s legislation website.
These include:
- Industrial Relations Act 1999
- Industrial Relations Regulation 2011
- Industrial Relations (Tribunals) Rules 2011
- Fair Work (Commonwealth Powers) and Other Provisions Act 2009
- Public Service Act 2008
- Anti-Discrimination Act 1991
The Minimum Employment Conditions are found at Chapter 2 Part 2A of the Industrial Relations Act 1999, and the provisions regarding unfair dismissal are located at Chapter 3 Part 2 of the Act.
Further information, including copies of Awards, Orders, and decisions of the Commission and the Industrial Court can also be obtained from the Queensland Industrial Relations Commission’s website.
Anti-discrimination laws
The Queensland Anti-Discrimination Act 1991 prohibits discrimination on the basis of various attributes such as sex, race, disability and sex work activity in a range of public settings, including in employment. A person can make a complaint about discrimination at work to the Queensland Anti-Discrimination Commission. The Commission may seek to resolve the matter through conciliation or refer it to the Queensland Civil and Administrative Tribunal (QCAT) for determination after a hearing.
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