ek A tts y Queensland Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Queensland Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Contents Part 1 Part 2 11 13 16 Page Preliminary Shorttitle 0... eee eee 6 Amendment of Industrial Relations Act 1999 Actamended .......... 0.0.0. eee 6 Amendment of s 3 (Principal object of this Act).............. 6 Amendment of s 71CA (Queensland Employment Standards subject to provisions of modern industrial instrument) ................. Replacement of s 71LA (Required or permitted provisions). ... . Omission of s 71LB (Non-allowable provisions).............. Amendment of s 71LC (Provisions that contravene s 71LA or 71LB of n effect)... cee teens Omission of ch 2A, pt 3, div 2, sdiv 1 (Required content—all modern industrial instruments) ............ 00.0 c cee eee eee eee 7 71LA Required or permitted provisions ................ 70 Insertion of news 71MCA .......... 2.0... 71MCA Dispute resolution procedure.................0. eo oO @o oo Amendment of s 71N (General matters) ................... Amendment of s 71NA (Provisions related to Queensland Employment Standards) .... 0.0... eee Amendment of s 71NB (Other incidental provisions).......... Insertion of news 71NCA.......... 00... cee eee ee 71NCA Other requirements .....................00005 Replacement of s 71ND (General matters) ................. 71ND General matters ................0 00.00. ee eee Amendment of s 71NE (Provisions about employment relationship) oOo Oo © © © WO OO = 6 Omission of ch 2A, pt 3, div 4 (Non-allowable content) ........ Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Contents 182022252731 Page 2 Amendment of s 140CA (Variation of award modernisation request) 10 Amendment of s 140D (Modern awards objectives)........... 10 Amendment of s 149 (Arbitration if conciliation unsuccessful) . . . 11 Amendment of s 149C (Arbitration powers of full bench)....... 11 Amendment of s 149D (Issues full bench must consider) ...... 11 Amendment of s 156 (Certifying an agreement) ............. 11 Amendment of s 158 (Other options open to commission instead of refusing to certify agreement)................ 0.2 eee eee eee 12 Omission of s 176A (Claims including non-allowable content). . . 12 Amendment of s 319 (Representation of parties) ............ 12 Omission of ch 8, pt 7 (Other matters)..................00. 13 Omission of s 370A (Definitions for div 4) .................. 13 Replacement of s 372 (Right of entry—authorised industrial officer) 13 372 Right of entry—authorised industrial officer........ 13 Omission of s 372A (Notice of entry)................2..00. 14 Omission of s 372B (Employer notice in response to entry notice) 14 Replacement of s 373 (Rights of authorised industrial officer after entering place) ..... 0.0... ec ee ec eeeeeeeeeeee 14 373 Right to inspect and request information—authorised industrial officer ............... 00... e eee eee 14 Omission of ch 15, pt 2 (Particular provisions of industrial instruments) Insertion of new ch 20, pt 20 ....... 2... eee eee eee 17 Part 20 Transitional provisions for Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015 Division 1 Preliminary 839 Definitions for pt 20................002..00000. 17 Division 2 Review of relevant modern awards 840 Purpose of div2.......... 000... cece eee eee 18 841 sommission must review and vary relevant modern award 842 Requirements for review of relevant modern award. . 19 843 Other variations ................ 0020... cee eee 20 844 Commission may increase the number of modern awards 21 845 When variation of relevant modern award comes into Operation ........... 0.000.202 22 846 Application of variation of relevant modern award ... 22 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 3 Schedule 1 Contents Division 3 Provisions for certified agreements 847 Change of nominal expiry date for relevant certified agreement ........ 6... cece eee eee 23 848 No extension of relevant certified agreement....... 25 849 Regulation may vary relevant certified agreement. . . 25 850 Restriction on certification of agreements or determination of arbitration... 0... eee eee eee 25 Division 4 Other matters 851 le happens to incomplete award modernisation process 852 Continuation of existing individual flexibility arrangements 26 853 Application of s 831 for completion of arbitration or certification of agreement...................00. 27 854 Certification of agreement or making of determination if proceeding started before commencement ........ 27 855 Application of amended s 319 .................. 28 856 Effect of repeal of ch 15, pt2................0.. 28 857 Transitional regulation-making power............- 29 Amendment of sch 4 (Provisions for protected action ballots) . . . 29 Amendment of sch 5 (Dictionary)... .............0......05. 30 Minor or technical amendments Legislation amended .............- 06. c eee eee eee eee 30 Minor or technical amendments ....................... 31 Industrial Relations Act 1999 ........ 0.2.2... eee ee eee eee 31 Industrial Relations Regulation 2011..................5... 31 Page 3 A Bill for An Act to amend the /ndusirial Relations Act 1999, and to make amendments to the legislation mentioned in schedule 1, for particular purposes Clause Clause Clause Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015. Part 2 Amendment of Industrial Relations Act 1999 2 Act amended This part amends the /ndustrial Relations Act 1999. Note— See also the amendments in schedule 1. 3 Amendment of s 3 (Principal object of this Act) (1) Section 3— insert— G) promoting and facilitating the regulation of employment by awards and agreements; and (2) Section 3(p)— omit, insert— (0) promoting collective bargaining and establishing the primacy of collective agreements over individual agreements. Page 6 oN 11 1316 18 20 Clause 4 Clause 5 Clause 6 Clause 7 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 4] Amendment of s 71CA (Queensland Employment Standards subject to provisions of modern industrial instrument) Section 71CA, note 2— omit. Replacement of s 71LA (Required or permitted provisions) Section 71LA— omit, insert— 71LA Required or permitted provisions (1) A modern industrial instrument must include the provisions required under— (a) part 2; and (b) for a modern award—division 2, subdivision 2; and (c) for a certified agreement—division 2, subdivision 3. (2) A modern industrial instrument may include the provisions permitted under division 3. (3) This section is subject to section 71NCA. Omission of s 71LB (Non-allowable provisions) Section 71LB— omit. Amendment of s 71LC (Provisions that contravene s 71LA or 71LB of no effect) Section 71LC, 'or 71LB'— omit. Page 7 an &B WNe Co wWnnan 12 15 17 19 22 25 27 Clause Clause Clause Clause Clause Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 8] Page 8 Omission of ch 2A, pt 3, div 2, sdiv 1 (Required content—all modern industrial instruments) Chapter 2A, part 3, division 2, subdivision 1— omit. Insertion of new s 71MCA Chapter 2A, part 3, division 2, subdivision 2, after section 7TIMC— insert— 71MCA Dispute resolution procedure A modern award must contain a dispute resolution procedure that provides for— (a) consultation at the workplace; and (b) the involvement of relevant organisations; and (c) any other matter prescribed by regulation. Amendment of s 71N (General matters) Section 71N(1), ', other than non-allowable provisions,' — omit. Amendment of s 71NA (Provisions related to Queensland Employment Standards) Section 71NA(1), ', other than a non-allowable provision, — omit. Amendment of s 71NB (Other incidental provisions) Section 71NB, ', other than non-allowable provisions,' — omit. BW Ne ortnnun 11 14 17 20 22 24 Clause 13 Clause 14 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 13] Insertion of new s 71NCA Chapter 2A, part 3, division 3, subdivision 1, after section 7TINC— insert— 71NCA Other requirements (1) Despite any other provision of this division, a modern industrial instrument may not include— (a) a provision that discriminates against an employee; or (b) a provision that displaces, or is otherwise inconsistent with, a provision of the Queensland Employment Standards. (2) For subsection (1)(a), a modern industrial instrument does not discriminate against an employee only because it provides for minimum wages for any of the following— (a) all young employees; (b) all employees with a disability; (c) all employees engaged as apprentices or trainees; (d) a class of employees mentioned in paragraph (a), (b), or (c). (3) Subsection (1)(b) does not apply to a provision that may be included in the modern industrial instrument under section 71NA. Replacement of s 71ND (General matters) Section 71ND— omit, insert— 71ND General matters (1) A modern award may include provisions to provide fair and just employment conditions. Page 9 Com ND UN FP WN See NRO RR RR DN WwW iia on Ne ow NN Noe NNN mn B&W 2729 31 Clause Clause Clause Clause Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 15] (2) Without limiting subsection (1), a modern award may include provisions about— (a) minimum wages, including— (i) wage rates for young employees, employees with a disability and employees engaged as apprentices or trainees; and (ii) piece rates; and (b) skill-based classifications and _ career structures. 15 Amendment of s 71NE (Provisions about employment relationship) Section 71NE(1), ', other than non-allowable provisions, — omit. 16 Omission of ch 2A, pt 3, div 4 (Non-allowable content) Chapter 2A, part 3, division 4— omit. 17 Amendment of s 140CA (Variation of award modernisation request) Section 140CA(3) and (4)— omit. 18 Amendment of s 140D (Modern awards objectives) (1) Section 140D(2)(h)— omit. (2) Section 140D(3)(a), *, (h)'— omit. Page 10 FPO WwW ANIADNS W NK 14 1619 21 2325 Clause 19 Clause 20 Clause 21 Clause 22 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 19] (3) Section 140D(5), definitions financial position considerations and public sector entity— omit. Amendment of s 149 (Arbitration if conciliation unsuccessful) Section 149(2)(c)— omit. Amendment of s 149C (Arbitration powers of full bench) Section 149C(2)— omit, insert— (2) An arbitration determination by the full bench must include the provisions required to be included in a certified agreement under chapter 2A, part 3, division 2, subdivision 3. Amendment of s 149D (Issues full bench must consider) (1) Section 149D(2)(e) to (g)— omit. (2) Section 149D(3)— omit. Amendment of s 156 (Certifying an agreement) (1) Section 156(1)(d), 'subdivisions 1 and'— omit, insert— subdivision (2) Section 156(1AA)— omit. Page 11 NDA wa Oo wo 1214 161821 2325 Clause Clause Clause Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 23] Page 12 Amendment of s 158 (Other options open to commission instead of refusing to certify agreement) Section 158(4) to (6)— omit. Omission of s 176A (Claims including non-allowable content) Section 176A— omit. Amendment of s 319 (Representation of parties) (1) Section 319(2)(b) and (ba)— omit, insert— (b) for proceedings before the commission, other than proceedings under section 278 or 408F— (i) _ the proceedings relate to a matter under chapter 4; or (ii) all parties consent; or (iii) the proceedings relate to a matter under chapter 3, or under section 275, 276 or 279, or under chapter 12, part 2 or part 16 and, on application by a party or person— (A) the commission is _ satisfied, having regard to the matter the proceedings relate to, that there are special circumstances making it desirable for the party or person to be legally represented; or (B) the commission is satisfied the party or person can be adequately represented only by a lawyer; or BW Ne on nan 11 1316 1921242628 30 Clause 26 Clause 27 Clause 28 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 26] (2) Section 319(3A)— omit. (3) Section 319(4), '(2)(ba)(ii)' — omit, insert— (2)(b) (iii) Omission of ch 8, pt 7 (Other matters) Chapter 8, part 7— omit. Omission of s 370A (Definitions for div 4) Section 370A— omit. Replacement of s 372 (Right of entry—authorised industrial officer) Section 372— omit, insert— 372 Right of entry—authorised industrial officer d) (2) An authorised industrial officer may enter a workplace at which an employer carries on a calling of the officer's organisation, during the employer's business hours, to exercise a power under section 373. On entering the workplace, the officer must first— (a) notify the employer or the employer's representative of the officer's presence; and (b) produce the officer's authorisation, if required by the employer or representative. Page 13 nk WN lon 11 13 16 182023 25 27 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 29] (3) The employer must not refuse an authorised industrial officer entry to the workplace if the officer complies with subsection (2). Maximum penalty—27 penalty units. (4) _ If the officer does not comply with subsection (2), the officer may be treated as a trespasser. (5) Subsection (2) does not apply if, on entering the workplace, the officer discovers that neither the employer nor the employer's representative having charge of the workplace is present. Clause 29 Omission of s 372A (Notice of entry) Section 372A— omit. Clause 30 Omission of s 372B (Employer notice in response to entry notice) Section 372B— omit. Clause 31 Replacement of s 373 (Rights of authorised industrial officer after entering place) Section 373— omit, insert— 373 Right to inspect and request information—authorised industrial officer (1) | This section applies to an authorised industrial officer who has entered a workplace under section 372. (2) The officer may inspect the time and wages record of— (a) amember employee; or Page 14 FPomarn AUN fF WNe See Ne me ww 15 17 19 21 23 2528 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 (3) (4) (5) (6) (7) Part 2 Amendment of Industrial Relations Act 1999 [s 31] (b) an employee who is eligible to become a member of the officer's organisation. The officer may also inspect a record required to be kept under the code made under section 400I. The employer— (a) must allow the officer to inspect the record for an employee mentioned in subsection (2)(a) or (b), unless the employee has made a written request to the employer that the record not be available for inspection by an authorised industrial officer or a particular authorised industrial officer; and (b) must not allow the officer to inspect the record for an employee who has made a written request to the employer that the record not be available for inspection by an authorised industrial officer or a particular authorised industrial officer; and (c) must allow the officer to inspect the record mentioned in subsection (3). Maximum penalty—27 penalty units. The officer may make a copy of the time and wages record or the record mentioned in subsection (3), but can not require any help from the employer. A person must not, by threats or intimidation, persuade or attempt to persuade an employee or prospective employee to make, or refuse to make, a written request to the employer or prospective employer that the record not be available for inspection by an authorised industrial officer. Maximum penalty—27 penalty units. If the employer keeps particulars other than those mentioned in section 366 in the record, the Page 15 OPMPAD NN FW Ne See NRO roel ell sail eel ell ood COIN MHH WwW Ne ow N e NNNN nbBwWN WWNNNNY rPOoUwUANAD LoS) N WwW RO Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 31] Page 16 (8) (9) (10) dt) (12) (13) employer need not make the other particulars available for inspection. The officer may discuss matters under this Act with the following persons during working or non-working time— (a) the employer; (b) a member employee, or an employee who is eligible to become a member of the officer's organisation. The officer may discuss any other matter with a member employee, or an employee who is eligible to become a member of the officer's organisation, during non-working time. A person must not obstruct the officer exercising a power under subsection (8) or (9). Maximum penalty—27 penalty units. The officer must not— (a) wilfully obstruct the employer, or an employee during the employee's working time; or (b) contravene a requirement of this section. Maximum penalty—27 penalty units. A person must not act as an authorised industrial officer under this section, unless the person holds a current authorisation. Maximum penalty—27 penalty units. In this section— member employee means— (a) an employee who is a member of the authorised industrial officer's organisation; or COAN DD NSW NY RRR WNrF oO ine ns Rr oe ao Noe laa ome <} NN No NNN mn B&W Ny NY WY aon ff Wwhn No) Clause 32 Clause 33 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 32] (b) a former employee who was, or is, a member of the officer's organisation. time and wages record means the time and wages record required to be kept under section 366. Omission of ch 15, pt 2 (Particular provisions of industrial instruments) Chapter 15, part 2— omit. Insertion of new ch 20, pt 20 Chapter 20— insert— Part 20 Transitional provisions for Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015 Division 1 Preliminary 839 Definitions for pt 20 In this part— amended Act means this Act as amended by the amending Act. amending Act means the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Act 2015. pre-amended Act means this Act as in force immediately before the commencement. Page 17 ABW Ne Co mWOnND 11 141620 22 2427 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] Page 18 pre-modernisation award see section 140B. relevant certified agreement means a certified agreement that is— (a) amodern industrial instrument; and (b) certified by the commission before the commencement. relevant modern award means a modern award made by the commission' before _ the commencement. relevant pre-modernisation award, in relation to a relevant modern award, means a pre-modernisation award that applied to all or some of the employees to whom the relevant modern award applies. Division 2 Review of relevant modern awards 840 Purpose of div 2 The purpose of this division is— (a) to provide for the review and variation by the commission of modern awards made, under the award modernisation process, before the commencement; and (b) to ensure the awards mentioned in paragraph (a) are not inconsistent with the amended Act. 841 Commission must review and vary relevant modern award d) This section applies to a relevant modern award if the Minister gives the commission a variation notice under section 140CA in relation to the award modernisation process. OMAN DWN FWY Se eee BRWNr OO 16 18 2022 2427 2931 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 (2) (3) (4) Part 2 Amendment of Industrial Relations Act 1999 [s 33] The commission must review the relevant modern award and vary it under this division as soon as practicable after receiving the variation notice. For reviewing the relevant modern award under this division— (a) the commission must carry out the review in accordance with section 140CC; and (b) section 140CE and chapter 5A, part 3 do not apply. The award modernisation process under which the relevant modern award was made continues for the purpose of enabling the award to be reviewed and varied under this division. 842 Requirements for review of relevant modern award d) (2) In reviewing a relevant modern award under this division, the commission must vary the award to remove— (a) a provision required to be included by repealed section 71M, 71MA or 71MB; and (b) any provision ancillary to a provision mentioned in paragraph (a). Example for paragraph (b)— clause 8.2 of the Queensland Public Service Officers and Other Employees Award—State 2014 Also, the commission must vary the relevant modern award to include a provision that was in a relevant pre-modernisation award about any of the following— (a) union encouragement; (b) union delegates; Page 19 CN AN BWNeE 1214 16 1821 23 26 2830 32 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] Page 20 (3) (4) (c) industrial relations education leave or trade union training leave; (d) right of entry; (e) prevention and settlement of disputes, including employee grievance procedures; (f) termination, change and redundancy. For subsection (2), the commission may amend the provision for insertion in the relevant modern award as the commission considers appropriate having regard to— (a) the desirability of a modern award not duplicating provisions of the Queensland Employment Standards; and (b) the modern awards objectives under section 140D; and (c) in relation to a provision mentioned in subsection (2)(e)—the requirements under section 71MCA. In this section— provision, of a relevant pre-modernisation award, includes a provision of the award that was of no effect because of repealed chapter 15, part 2. 843 Other variations d) (2) The commission may vary a relevant modern award to provide for a matter contained in a relevant pre-modernisation award. For deciding whether to vary the relevant modern award under subsection (1), the commission must have regard to— (a) the provisions permitted to be included in a relevant modern award under section 71ND; and COAN DWP W Ne — So RRR WN Re linen ns RRR ona ee \o NNW NRO 252831 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] (b) the desirability of a modern award not duplicating provisions of the Queensland Employment Standards; and (c) the modern awards objectives under section 140D; and (d) a submission made by a party covered by the relevant modern award about the proposed variation. 844 Commission may increase the number of modern awards d) (2) (3) (4) This section applies if the making of the relevant modern award resulted in a significant reduction in the number of awards covering an industry or occupation. Before reviewing and varying the relevant modern award under this division, the commission must consider whether to increase the number of modern awards covering the industry or occupation. The commission must consider a submission made by a party covered by the relevant modern award about whether to increase the number of modern awards covering the industry or occupation. If the commission decides to increase the number of modern awards covering the industry or occupation, the commission must— (a) vary the relevant modern award to reduce its coverage; and (b) make | or more additional modern awards covering the employees excluded from coverage of the relevant modern award under paragraph (a). Page 21 CAD NFP WNR 1214 161821232629 3133 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] (5) An additional modern award made under subsection (4)(b) is, for the purposes of this division, taken to be a relevant modern award. 845 When variation of relevant modern award comes into operation A variation of the relevant modern award made under this division comes into operation on the day the commission makes a determination varying the award. 846 Application of variation of relevant modern award d) (2) Page 22 A variation of a relevant modern award made under this division applies to an employee who is a party covered by the award if— (a) the variation is in operation; and (b) one of the following applies— (i) (ii) (iii) the employee is covered by a certified agreement that is certified after t variation comes into operation; the employee is covered by determination that is made after t variation comes into operation; if the employee is not covered by certified agreement on the day t variation comes into operation—t! ne ne a ne ne day the variation comes into operation or, if the commission states a later day in the determination varying the award, the stated day. Subsection (3) applies to an employee who was covered by a relevant certified agreement immediately before the commencement. WNe CAND NS 1215 172023252730 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] (3) To remove any doubt, it is declared that the pre-variation modern award continues to apply to the employee until the variation of the relevant modern award starts applying to the employee under subsection (1). Note for subsections (1) to (3)— For an employee who was not covered by a relevant certified agreement before the commencement, other than an employee mentioned in subsection (1)(b)(iii), see section 824. (4) In this section— pre-variation modern award means the relevant modern award as it read immediately before the commencement. Division 3 Provisions for certified agreements 847 Change of nominal expiry date for relevant certified agreement (1) _ This section applies if— (a) each prescribed modern award for a relevant certified agreement has been reviewed and varied under division 2; and (b) the nominal expiry date for the relevant certified agreement is more than 3 months after the variation day. (2) On the variation day, the nominal expiry date for the relevant certified agreement is taken to be the earlier of— (a) the day that is 3 months after the variation day; or (b) if an earlier day is prescribed for the expiry by regulation, the prescribed day. Note— Page 23 ODMADMNBWNe — So leetilentilan WN 15 17 20232629 31 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] Page 24 (3) (4) (5) See section 164(2)(a) in relation to the continued operation of the relevant certified agreement after its nominal expiry date. On the variation day— (a) the requirements under section 143 for a proposed agreement are taken to have been satisfied; and (b) the parties to the relevant certified agreement are taken to have begun negotiations for a proposed agreement. For subsection (3)(a), the proposed parties to the proposed agreement are— (a) each party to the relevant certified agreement; and (b) an employee organisation that could have been bound by the relevant certified agreement under section 166(2). In this section— prescribed modern award, for a relevant certified agreement, means a relevant modern award, or a modern award made under section 844, that applies to all or some of the parties covered by the relevant certified agreement. variation day means— (a) if there is 1 prescribed modern award for the relevant certified agreement—the day the commission makes a determination under division 2 varying the prescribed modern award; or (b) if there is more than 1 prescribed modern award for the relevant certified agreement—the day the commission makes a determination under division 2 varying the last of the prescribed modern awards for the relevant certified agreement. Com ANDY FSF WNK — So a Ne peiens Rw RRR NATNN me ioe} NNNNY WNrFOwo tu nN WVNvunnvwv CmAANIDAN WWWWW Ww ABRWNF OS Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] 848 No extension of relevant certified agreement Section 168 does not apply to a relevant certified agreement. 849 Regulation may vary relevant certified agreement (1) A regulation may vary a relevant certified agreement in the way stated in the regulation. (2) The variation takes effect from the day the regulation commences or, if the regulation states a later day, the later day. (3) This section applies subject to chapter 2A, part 3, of the amended Act. 850 Restriction on certification of agreements or determination of arbitration (1) _ This section applies if— (a) a relevant modern award has not been reviewed and varied by the commission under division 2; and (b) after the commencement, an agreement is proposed under chapter 6 that would cover all or some of the parties covered by the relevant modern award. (2) The commission— (a) must refuse to certify the proposed agreement; and (b) may not make an arbitration determination under section 150. (3) — This section is taken to have had effect on and from the day of introduction into the Legislative Assembly of the Bill for the amending Act. Page 25 Wn Com AND WF 12 14 172022 25 27 29 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] Page 26 Division 4 Other matters 851 What happens to incomplete award modernisation process d) (2) (3) (4) This section applies if, before the commencement, an award modernisation process was started under section 140C. If the commission had started to modernise a pre-modernisation award before the commencement but no modern award was made— (a) the commission must continue to modernise the pre-modernisation award under the amended Act; and (b) any reference of the matter to the full bench ends on the commencement. If the commission had not started to modernise a pre-modernisation award before the commencement, the modernisation process must be conducted under the amended Act. For this section, the process for modernising a pre-modernisation award starts when the commission releases an exposure draft of the proposed modern award. 852 Continuation of existing individual flexibility arrangements d) (2) This section applies to an individual flexibility arrangement entered into under an industrial instrument before the commencement. The individual flexibility arrangement continues to operate despite the repeal of section 71MB. OMANI ANH WH 1215 1719 2123 25 2730 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] 853 Application of s 831 for completion of arbitration or certification of agreement d) (2) (3) (4) This section applies to a matter to which section 831 applies. For making an arbitration determination for the matter— (a) the determination may include a provision mentioned in repealed chapter 15, part 2; and (b) section 149D of the amended Act applies. If the employer and 1 or more parties reach agreement on the terms of a proposed certified agreement, the agreement may include a provision mentioned in repealed chapter 15, part 2. This section applies despite section 831(3). 854 Certification of agreement or making of determination if proceeding started before commencement d) This section applies if— (a) before the commencement— (i) an agreement was proposed under chapter 6 of the pre-amended Act; and (ii) the agreement was not certified by the commission; and (iii) no arbitration determination was made; and (b) each prescribed modern award for the proposed agreement has been reviewed and varied by the commission under division 2. Page 27 OAN DAN BW NY — So RR RRR ABWNR — lon 1821 23 25 27 29 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 33] (2) (3) The amended Act applies for the certification of the agreement or the making of an arbitration determination under section 150. In this section— prescribed modern award, for a_ proposed agreement, means a relevant modern award, or a modern award made under section 844, that applies to all or some of the parties who would be covered by the proposed agreement. 855 Application of amended s 319 d) (2) Section 319 as amended by the amending Act applies to all proceedings before the commission started on or after the commencement. For subsection (1), an arbitration under section 149 starts when the requirements under section 149(1) are first satisfied. 856 Effect of repeal of ch 15, pt 2 d) (2) (3) Page 28 This section applies if— (a) before the commencement, all or part of a provision of a relevant industrial instrument was of no effect because of the operation of repealed chapter 15, part 2; and (b) on the commencement, the instrument is still in force. On the commencement, the provision, or part of the provision, takes effect. In this section— relevant industrial instrument has the meaning given under repealed section 691A. COANDN FP WNKE 121518 2022 24 26 29 Clause 34 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 2 Amendment of Industrial Relations Act 1999 [s 34] 857 Transitional regulation-making power d) (2) (3) (4) (5) A regulation (a transitional regulation) may make provision of a saving or transitional nature for which— (a) itis necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the pre-amended Act to the operation of the amended Act; and (b) this Act does not make provision or sufficient provision. Without limiting subsection (1), a transitional regulation may continue the operation of a provision of the pre-amended Act that was omitted by the amending Act. A transitional regulation may have retrospective operation to a day that is not earlier than the day of the commencement. A transitional regulation must declare it is a transitional regulation. This section and any transitional regulation expire 2 years after the day of commencement. Amendment of sch 4 (Provisions for protected action ballots) (1) Schedule 4, section 8(1)(d)— omit. (2) Schedule 4, section 12A— omit. Page 29 OANDN PWN ee re oO RR RR nNRWN RRR onan Ne ow NN Noe 24 2628 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Part 3 Minor or technical amendments [s 35] Clause 35 Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions employer notice, entry notice, non-allowable provisions, relevant industrial instrument and TCR provision— omit. (2) Schedule 5— insert— relevant industrial instrument, for chapter 2A, see section 71BA. (3) Schedule 5, definition industrial instrument, paragraph (b)— omit. Part 3 Minor or technical amendments Clause 36 Legislation amended Schedule 1 amends the legislation mentioned in it. Page 30 om NI DN FWHY Se cr SO 14 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 Schedule 1 Schedule 1 Minor or technical amendments section 36 Industrial Relations Act 1999 1 Section 89(2)— omit. 2 Section 140CE(1)(b), after 'relates'— insert— on a stated day determined by the commission, having regard to section 824 3 Section 176(3A)— omit. 4 Chapter 15, part 1, heading— omit. Industrial Relations Regulation 2011 1 Sections 7A to 7C— omit. 2 Schedule 1AA— omit. Page 31 Nn on ran 11 13 16 18 Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 32