QueenslandIndustrial
Relations Act 1999WORKPLACERELATIONSREGULATION1997Reprinted as in force on 2 December
1999(includes amendments up to SL No. 133 of
1999)Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat2December1999.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s13s3Workplace Relations Regulation 1997WORKPLACE RELATIONS REGULATION1997[as amended by all amendments that
commenced on or before 2 December 1999]†PART
1—PRELIMINARY˙Short title1.This
regulation may be cited as theWorkplace
Relations Regulation1997.˙Commencement2.This
regulation commences on 27 March 1997.˙Definitions3.In
this regulation—“authorised leave”means leave
authorised by—(a)the employer; or(b)an
industrial instrument, industrial agreement or EFA; or(c)anorderofacourtortribunalhavingpowertofixwagesandother employment conditions; or(d)the employee’s employment contract;
or(e)a Commonwealth or State
law.
s44s4Workplace Relations Regulation 1997†PART 2—CERTIFIED AGREEMENTS˙Certifying an agreement—Act, s
254.For section 25(9) of the Act, an
agreement must be accompanied by anaffidavit
containing the following information—(a)theregion,definedbythechiefexecutive,wheretherelevantemployees1are employed;(b)the
number of male relevant employees and the number of femalerelevant employees;(c)the
number of apprentices and trainees;(d)whetherornottheagreementismadewithanemployeeorganisation;(e)theindustryorprincipalactivityinwhichtheemployerisengaged;(f)the
name of the relevant or designated award;(g)the
average percentage by which the wages of relevant employeeswill
increase or decrease under the agreement;(h)the
name of the relevant or designated award;(i)the
nominal expiry date of the agreement;(j)the
steps taken to ensure—(i)section 25(4)
and (5) of the Act has been complied with; and(ii)section 61 of the Act has not been
contravened;(k)where the procedures for preventing
and settling disputes can befound in the
agreement;(l)if the agreement was made under
section 20 of the Act—the stepstaken to ensure
section 25(7) of the Act has not been contravened;(m)if the agreement applies only to a
part of a single business—anexplanation as
to how the part is—1Relevant employees are the employees
whose employment will be subject to theagreement—see
section 25(10) of the Act.
s55s7Workplace Relations Regulation 1997(i)a geographically distinct part of the
single business; or(ii)a distinct
operational or organisational unit within the singlebusiness;(n)thepersonswhonegotiatedtheagreementandthepersonsforwhom
they acted.˙Particulars to accompany notice—Act, s
415.Forsection41(e)oftheAct,iftheinitiatingpartyisanemployeeacting on his or her own behalf and for other
employees, the notice muststate the basis on which the employee
acts for the other employees.˙Protected action—Act, s 436.For section 43(7) of the Act, the
prescribed purpose is the assessmentofeligibilityfor,orthecalculationof,anentitlementarisingfromtheemployee’s employment including, for
example—(a)a superannuation entitlement;
and(b)an authorised leave entitlement;
and(c)anentitlementtoremunerationandpromotionasaffectedbyseniority; and(d)any
entitlement to notice of dismissal.˙Complementary laws—Act, s 667.(1)For section 66
of the Act, the Commonwealth provisions that applyas a
law of the State are amended as set out in this section.(2)Part VIB, division 2, heading—omit, insert—‘Division2—Makingagreementswithemployersotherthanconstitutional corporations or the
Commonwealth’.(3)Section 170LH,
‘employers who are constitutional corporations or theCommonwealth’—
s76s7Workplace Relations Regulation 1997omit, insert—‘employersotherthanconstitutionalcorporationsortheCommonwealth’.(4)Section 170LH(b)—omit,
insert—‘(b)employees any of
whose terms and conditions are governed by:(i)an
award, a certified agreement or an AWA under this Act inits
operation as a law of the Commonwealth; or(ii)an
old IR agreement (within the meaning of regulation 2 oftheWorkplaceRelationsRegulationsoftheCommonwealth).’.(5)Section 170LI(1)(a)—omit,
insert—‘(a)anemployerotherthanaconstitutionalcorporationortheCommonwealth; and’.(6)Section 170LI—insert—‘(3)
In this section:“persons”means persons
any of whose terms and conditions are governedby:(a)an award, a certified agreement or an
AWA under this Act in itsoperation as a law of the
Commonwealth; or(b)an old IR agreement (within the
meaning of regulation 2 of theWorkplace
Relations Regulations of the Commonwealth).’.(7)Section 170MB(1)(b)—omit,
insert—‘(b)at a later time,
a new employer;’.
s77s7Workplace Relations Regulation 1997(8)Section 170MB—insert—‘(1A) If:(a)an
employer that is a Commonwealth-law employer within themeaning of subsection (1B) is bound by an
agreement that, underthisActinitsoperationasalawoftheCommonwealth,isacertified agreement (the
certified agreement); and(b)the
application for certification for the certified agreement
statedthat it was made under Division 2 of Part
VIB in its operation aslaw of the Commonwealth; and(c)at a later time, a new employer that
is not a Commonwealth-lawemployerwithinthemeaningofsubsection(1B)becomesthesuccessor, transmittee or assignee (whether
immediate or not) ofthe whole or a part of the business
concerned;then from the later time:(d)thenewemployerisboundbythecertifiedagreement(totheextent that it
relates to the whole or the part of the business), as if:(i)that agreement had been certified
under Division 4; and(ii)the new employer
became bound by that agreement undersubsection (1);
and(e)thepreviousemployerisnotboundbythatagreement,totheextent that it relates to the whole or
the part of the business; and(f)a
reference in this Part to the employer includes a reference to
thenew employer, and does not include the
previous employer, to theextentthatthecontextrelatestothewholeorthepartofthebusiness.‘(1B)Forsubsection(1A),anemployerisaCommonwealth-lawemployer if the
employer:(a)is a constitutional corporation;
or(b)is the Commonwealth; or(c)carriesonasinglebusinessorpartofasinglebusinessinaTerritory;
or
s88s9Workplace Relations Regulation 1997(d)isawatersideemployerwhoemployswatersideworkersinasingle business or part of a single
business of the employer; or(e)employsmaritimeemployeesinasinglebusinessorpartofasingle business of the employer;
or(f)isaflightcrewofficer’semployerwhoemploysflightcrewofficers in a
single business or part of a single business of theemployer.’.(9)Section 170MB(2), ‘Subsection (1) does
not’—omit, insert—‘Subsections (1)
and (1A) do not’.†PART 3—QUEENSLAND WORKPLACEAGREEMENTS˙Matters to be included in QWA—Act, s
758.(1)Forsection75(1)oftheAct,theprescribedprovisionsaboutdiscrimination are in schedule 1.(2)For section 75(5) of the Act, the
prescribed model dispute resolutionprocedure is in
schedule 2.˙Filing requirements—Act, s 829.(1)For section
82(7) of the Act, the other information required2is asfollows—(a)theaddresswheretheemployeeisemployed,includingthepostcode;(b)a
postal address nominated by the employee;2This
information will be the basis for the chief executive’s report to
the MinisteraboutdevelopmentsintheStateinbargainingforthemakingofQWAs.Thereport will not identify either of the
parties to a QWA, except with the consent ofboth
parties.See section 111 of the Act.
s
119s 12Workplace
Relations Regulation 1997(c)whether any of
the following applies—(i)the employee is
female;(ii)the employee is
an apprentice or trainee;(d)if the employee
is under 21 years—the employee’s date of birth;(e)whether the employee was employed by the
employer when theagreement was made;(f)theindustryorprincipalactivityinwhichtheemployerisengaged;(g)the
name of the relevant or designated award;(h)the
percentage by which the wages of the employee will increaseor
decrease under the agreement.(2)The
information under subsection (1) must be in the form
providedfor in the rules of court.˙Immunity conditional on giving
notice—Act, s 10211.Forsection102oftheAct,anoticemustbeinwritingandmustinclude, or be
accompanied by, particulars of—(a)any
matter that the party intending to take the action proposes as
amatter that should be dealt with by the QWA;
and(b)the proposed nominal expiry date of
the QWA; and(c)the proposed date or dates on which
the action will take place; and(d)the
proposed duration of the action; and(e)the
proposed nature and form of the action.˙Identity of QWA parties not to be
disclosed—Act, s 10912.For section 109(2)(b) of the Act, a
disclosure to an officer of thecourt,commissionordepartmentwhoisperformingofficialdutiesisauthorised.
s
1310s 35Workplace
Relations Regulation 1997˙Form of QWAs or
ancillary documents—Act, s 48513.Forsection485(2)(c)3oftheAct,aQWAorancillarydocumentmust—(a)be made in the form provided for in
the rules of court; and(b)be in the
English language; and(c)be printed in
legible typescript; and(d)include the full
name of each party who signs the document.˙Witnessing signatures on QWAs or ancillary
documents—Act, s 48514.Forsection485(2)(d)4oftheAct,thefollowingpersonscannotwitness a party’s
signature on a QWA or ancillary document—(a)the
other party to the QWA or ancillary document;(b)the
bargaining agent of the other party to the QWA or ancillarydocument;(c)iftheotherpartytotheQWAorancillarydocumentisacorporation—a
person who is a director of the corporation or aperson involved in the day to day management
of the corporation.†PART 5—DISMISSALS˙Meaning of temporary absence—Act, s
21735.(1)For section
217(b)(i)5of the Act, an absence from work
becauseof illness or injury is temporary if—(a)the employee gives the employer a
certificate signed by a doctorfor the illness
or injury within—3Section 485 (Regulation-making power)
of the Act4Section 485 (Regulation-making power)
of the Act5Section 217 (When dismissal is
unlawful) of the Act
s
3711s 37Workplace
Relations Regulation 1997(i)24 hours after
the start of the absence; or(ii)a
longer period that is reasonable in the circumstances; or(b)the employee—(i)isrequiredunderanindustrialinstrument,industrialagreementorEFAtonotifytheemployerofanabsencefrom work and
substantiate the reason for the absence; and(ii)complies with the industrial instrument,
industrial agreementor EFA.(2)However, an absence from work because of
illness or injury is nottemporary if—(a)the
absence extends for more than 3 months, unless the employeeis
on paid sick leave for the duration of the absence; or(b)the total absences within a 1 year
period, whether because of 1 ormore illnesses
or injuries, extend for more than 3 months, unlesstheemployeeisonpaidsickleaveforthedurationoftheabsences.˙Misconduct—Act, s 22637.Misconduct of a type mentioned in section
226(1)(b)6of the Act alsoincludes—(a)the employee being intoxicated at
work; and(b)conduct by the employee that causes
imminent and serious riskto—(i)a
person’s health or safety; or(ii)thereputation,viabilityorprofitabilityoftheemployer’sbusiness;
and(c)wilful or deliberate behaviour by the
employee that is inconsistentwith the
continuation of the employment contract; and(d)theemployeerefusingtocarryoutalawfulandreasonableinstruction that
is consistent with the employment contract.6Section 226 (Notice of dismissal or
compensation) of the Act
s
3812s 38Workplace
Relations Regulation 1997˙Working out
continuous service—Act, s 22638.(1)For
section 226(5)7of the Act, the following things do
not breakan employee’s continuity of service with the
employer—(a)a suspension, stand down or other
interruption or termination oftheemployee’semployment,bytheemployer,toavoidtheemployer’s obligations under section 226 of
the Act;(b)the employee’s absence from work on
authorised leave;(c)theemployee’sabsencefromworkiftherewasareasonablecausefortheabsence,including,forexample,becauseofanillness or
injury;(d)the employee’s absence from work
because of—(i)protected action under section 43 of
the Act; or(ii)QWA industrial
action under section 1018of the
Act;(e)another absence from work by the
employee, unless the employergives the
employee notice that the absence from work breaks theemployee’s continuity of service.(2)Anemployee’sabsencefromworkundersubsection(1)(c)doesbreak the
continuity of service unless—(a)if a
decision requires the employee to—(i)notify the employer of an absence from work;
and(ii)substantiate the
reason for the absence;the employee complies with the
decision; or(b)if a decision mentioned in paragraph
(a) does not apply to theemployee—the employee informs the
employer within 24 hoursafterthestartoftheabsence,orwithinalongerperiodifitisreasonable in the circumstances, of—(i)the employee’s absence from work;
and(ii)the reason for
the absence; and7Section 226 (Notice of dismissal or
compensation) of the Act8Section 43
(Protected action) of the ActSection 101
(Limited immunity conferred) of the Act
s
3913s 39Workplace
Relations Regulation 1997(iii)the likely
duration of the absence.(3)Anemployee’sabsencefromworkundersubsection(1)(d)doesbreakthecontinuityofserviceifthecommissionhasdecided(whenworkingouttheemployee’sentitlementtonoticeofdismissalortocompensation instead of notice) the
absence must be taken to be a break inthe employee’s
continuity of service.(4)A notice under
subsection (1)(e)—(a)mustbegivenduring,orwithin14daysaftertheendof,theabsence; and(b)may
be withdrawn by the employer.(5)If
the employer withdraws the notice, it is taken not to have
beengiven.(6)If
an employee’s absence from work does not break the
employee’scontinuityofserviceunderthissection,theperiodofabsencemustbeincluded as a period of service when
calculating the employee’s continuousservice.˙Compensation for commission or piece
rate employees—Act, s 22639.For section
226(8)9of the Act, the amount taken to be
payable is theaverage weekly remuneration received by the
employee—(a)foranemployeewhowascontinuouslyemployedbytheemployerfor3monthsormoreimmediatelybeforedismissal—in the 3 months before dismissal;
or(b)foranemployeewhowascontinuouslyemployedbytheemployer for a
period of less than 3 months immediately beforedismissal—in
that period.9Section 226 (Notice of dismissal or
compensation) of the Act
s
4014s 42Workplace
Relations Regulation 1997†PART
6—MISCELLANEOUS˙Application for issue of
authorisation—Act, s 39240.(1)Forsection392(4)(a)10oftheAct,anapplicationfortheauthorisation of a person must—(a)be made in the form provided for in
the rules of court; and(b)be accompanied
by the fee provided for in the rules of court; and(c)besignedbythepresidentandsecretaryoftheapplicantorganisation.(2)The
application must—(a)identify whether the person is an
officer, or whether the person isan employee, of
the organisation; and(b)be accompanied
by—(i)2 passport size (4.5 cm x 3.5 cm)
photographs, each signedon the reverse side by the person;
and(ii)2specimensignaturesofthepersonendorsedbythepresidentorthesecretaryoftheapplicantorganisationasbeing genuine signatures of the
person.˙Recovery from employee of amounts
overpaid—Act, s 42541.The amount prescribed for section
425(4) of the Act is three-quartersof the wages
payable for the pay period.˙Certificate of employment on termination—Act,
s 47742.(1)Forsection477(1)oftheAct,acertificateofemploymentontermination must include the following
particulars—(a)the full name and address of the
employee;(b)a description of the trade or
occupation in which the employeewas
engaged;10Section 392 (Authorising industrial
officers) of the Act
s
4315s 43Workplace
Relations Regulation 1997(c)thedatesonwhichtheemployeecommencedandceasedemployment in
each of the respective trades or occupations;(d)the
address of the workplace at which the employee was engaged.(2)The certificate must be signed and
dated by the employer.˙Application of
Commonwealth regulations43.(1)Forsections66,215and375oftheAct,theCommonwealthregulations apply
as a law of the State.(2)In this
section—“Commonwealthregulations”meanstheregulationsmadeundertheCommonwealth Act relating to—(a)part VIA, division 3, subdivision B of
the Commonwealth Act;and(b)part
VIB of the Commonwealth Act, and the other provisions ofthat
Act as far as they relate to the part; and(c)partsIVAandVIDoftheCommonwealthAct,andtheotherprovisions of that Act as far as they relate
to the parts.
16Workplace Relations Regulation
1997¡SCHEDULE 1†PROVISIONS ABOUT DISCRIMINATIONsection 8(1)The parties
agree that the effect of this agreement is not to allow anyconduct or treatment, either direct or
indirect, that would—(a)contravene
theAnti-Discrimination Act 1991;
or(b)discriminate on the basis of family
responsibilities.
17Workplace Relations Regulation
1997¡SCHEDULE 2†MODEL DISPUTE RESOLUTION PROCEDUREsection 8(2)In relation to
any matter that may be in dispute between the parties to
thisQWA, the parties—(a)will
attempt to resolve the matter at the workplace level,
including,for example—(i)theemployeeandhisorhersupervisormeetingandconferring on the matter; and(ii)ifthematterisnotresolvedatthemeeting,thepartiesarranging
further discussions involving more senior levels ofmanagement (as appropriate); and(b)acknowledgetherightofeitherpartytoappoint,inwriting,anotherpersontoactforthepartyinrelationtoresolvingthematter at the workplace level; and(c)agree to allow either party to refer
the matter to mediation if thematter can not
be resolved at the workplace level; and(d)agreethatifeitherpartyrefersthemattertomediation,bothparties will participate in the mediation
process in good faith; and(e)acknowledgetherightofeitherpartytoappoint,inwriting,another person
to act for the party in relation to the mediationprocess; and(f)agree that while the parties attempt to
resolve the matter—(i)the parties continue to work in
accordance with normal workpractices unless
the employee has a reasonable concern aboutan imminent risk
to his or her health or safety; and
18Workplace Relations Regulation
1997SCHEDULE 2 (continued)(ii)eveniftheemployeehasareasonableconcernaboutanimminent risk to his or her health or
safety, the employeemust not unreasonably fail to comply
with a direction by hisor her employer to perform other
available work, whether atthe same workplace or another
workplace, that is safe andappropriate for
the employee to perform; and(iii)the
parties must cooperate to ensure the dispute resolutionprocedure is carried out as quickly as is
reasonably possible;and(g)agree not to commence an action—(i)to obtain a penalty under section 96
of the Act; or(ii)to obtain
damages for breach of the QWA; or(iii)to
enforce a provision of the QWA or part 2 of chapter 2 ofthe
Act (other than an action to enforce section 95 of theAct);unless—(iv)thepartyinitiatingtheactionhasgenuinelyattemptedtoresolve the dispute at the workplace
level; and(v)either—(A)a
period of 7 days has expired from the date when the partyinitiatingtheactiongavenoticethatmediationisnotrequested; or(B)mediationwasrequestedbyeitherpartyandeitherpartyconsiders mediation has not resolved the
dispute.
20Workplace Relations Regulation
1997´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1none4 April 19971Ato SL
No. 114 of 19974 July 19971Bto SL
No. 209 of 19971 August 1997´5List of legislationWorkplace Relations Regulation 1997 SL No.
78made by the Governor in Council on 27 March
1997notfd gaz 27 March 1997 pp 1333–6ss
1–2 commenced on date of notificationremaining
provisions commenced 27 March 1997 (see s 2)exp 1 September
2007 (see SIA s 54)as amended by—Workplace
Relations Amendment Regulation (No. 1) 1997 SL No. 114notfd
gaz 9 May 1997 pp 162–3ss 1, 3 commenced on date of
notificationremaining provisions commenced 1 July 1997
(see s 3)Workplace Relations Amendment Regulation (No.
2) 1997 SL No. 209notfd gaz 11 July 1997 pp 1229–30commenced on date of notificationWorkplace Relations Amendment Regulation (No.
1) 1999 SL No. 133notfd gaz 25 June 1999 pp 932–8ss
1–2 commenced on date of notificationremaining
provisions commenced at the end of 30 June 1999 (see s 2)´6List of
annotationsCertifying an agreement—Act, s 25s
4amd 1997 SL No. 209 s 3QWA industrial
action—continuity of employment not affecteds 10om
1999 SL No. 133 s 4Complementary laws—Act, s 375s
15om 1999 SL No. 133 s 5