Industrial Relations and Other Legislation Amendment Bill 2022 (Qld)

An Act to amend the Anti-Discrimination Act 1991, the Associations Incorporation Act 1981, the Associations Incorporation Regulation 1999, the Industrial Relations Act 2016 and the Public Trustee Act 1978 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Industrial Relations and Other Legislation Amendment Act 2022.

2 Commencement Part 2, division 3 commences on a day to be fixed by proclamation.

Part 2 Amendment of Industrial Relations Act 2016

Division 1 Preliminary

3 Act amended This part and schedule 1 amend the Industrial Relations Act 2016.

Division 2 Amendments commencing on assent

4 Amendment of s 4 (How main purpose is primarily achieved) Section 4(i), after 'preventing and eliminating'— insert— sexual harassment, sex or gender-based harassment,

5 Amendment of s 40 (Entitlement to sick leave) (1) Section 40— insert— (3A) Sick leave is exclusive of a public holiday that falls during the leave. (2) Section 40(3A) to (5)— renumber as section 40(4) to (6).

6 Amendment of s 41 (Requirement for employee to give notice etc.) Section 41(1)(b)— omit, insert— (b) if the employee is absent for more than 2 days and the employer requires evidence of the illness—the employee giving the employer sufficient evidence of the illness to satisfy a reasonable person.

7 Amendment of s 45 (Employee to provide evidence to employer) Section 45(1), from 'a doctor's'— omit, insert— sufficient evidence to satisfy a reasonable person that the person is ill with an illness requiring care or support by another person.

8 Amendment of s 57 (Definitions for division) (1) Section 57, definition maternity leave— omit. (2) Section 57— insert— stillborn child means a child— (a) who has shown no sign of respiration or heartbeat, or other sign of life, after delivery of the child has been completed; and (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400g or more. (3) Section 57, definition child, paragraphs (a) and (c), '5 years'— omit, insert— 16 years (4) Section 57, definition long birth-related leave, paragraph (a)— omit, insert— (a) leave taken by a pregnant employee— (i) for the birth of the employee's child; or (ii) to enable the employee to be responsible for the care of the child; or (5) Section 57, definition short adoption leave, 'placed with'— omit, insert— adopted by (6) Section 57, definition short birth-related leave, paragraph (b), after 'living child'— insert— or stillborn child