Queensland moves to national industrial relations system for the private sector

Queensland moves into national industrial relations system for the private sector

On 31 December 2009 Queensland legislation referred state industrial relations powers for the private sector to the Commonwealth. This referral complemented the Commonwealth legislation for a national industrial relations system, which commenced on 1 January 2010.

The Queensland Parliament passed the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 on 11 November 2009. With the passage of the necessary complementary Commonwealth legislation through the Senate on 2 December 2009, Queensland took the final step in becoming part of a national industrial relations system for the private sector. The new arrangements protect the rights of workers and allow employers to operate under a system that reduces red tape and where their obligations are no different from those in other States and Territories.

The new national industrial relations system applies to all Queensland private sector employees. Public sector and local government workers in Queensland remain under the state industrial relations system.

Transitional arrangements

The Queensland legislation contains transitional arrangements and provides for the saving and transmission of State awards and agreements for private sector employers and employees that have been referred into the national industrial relations system.

During 2010, State awards continue to operate as federal instruments, with the same content as before the referral, and they continue to apply to the same parties. They are subject to the National Employment Standards safety net and national minimum wage order on a no detriment basis; meaning that the more beneficial entitlements in a state award or agreement continue to apply.

During these 12 months, Fair Work Australia is required to make arrangements to transition employers and employees from the State awards to a relevant modern award by 1 January 2011. This includes considering whether modern awards should be amended to continue the effect of terms that are contained in State awards.

At the end of the 12 month period, employees and employers in Queensland’s referred jurisdiction will move onto Commonwealth modern awards. A number of modern awards will contain a phasing in schedule for wages, loading and penalty rates that may be phased in up to 1 July 2014.

Like State awards, State enterprise bargaining agreements applicable to employers and employees that have been referred into the national industrial relations system have been be preserved and continue to operate until either:

• replaced by a new agreement under the Commonwealth Fair Work Act 2009 (Cth) ;
• terminated by agreement of the parties and approved by Fair Work Australia; or
• terminated after the nominal expiry date of the agreement on application by one party to Fair Work Australia (subject to the termination being appropriate and not contrary to the public interest).

With respect to apprentices and trainees, the Apprentices and Trainees Wages and Conditions (Excluding Certain Queensland Government Entities) 2003 Order continues to apply in Queensland for the duration of their apprenticeship or traineeship, where these parties were covered by this Order immediately before 1 January 2010.
 
For corporate employers and their employees to whom training arrangements apply, the Order operates as an ‘award-based transitional instrument’ in the national system. For State Referral employers and their employees to whom training arrangements apply, the Order operates as a ‘Division 2B State instrument’ that still continue to apply beyond 31 December 2010.

Information about wages and employment conditions regarding Queensland private sector employers and employees is available on the Federal Fair Work Infoline on 13 13 94.

Compliance with the national system

Compliance services encompassing the enforcement of awards and agreements for the private sector and audit campaigns are now the responsibility of the Federal Workplace Ombudsman. In this regard, employees who feel they have not received their correct wages and/or employment conditions should lodge claims with the Ombudsman’s office.

Since 1 January 2010 the existing Queensland industrial inspectorate through its extensive regional office locations has been delivering compliance services for and in conjunction with the Federal Workplace Ombudsman. The range of services includes wage complaint investigation, proactive audit campaigns and transitional education visits to employer workplaces to assist in creating awareness of employers’ obligations in the new environment.

The Queensland inspectorate continues to carry out services in relation to Queensland legislation pertaining to child employment, trading hours, private employment agents, workers accommodation and holidays.