Queensland Consolidated Acts Queensland Consolidated Acts1990 Act means the repealed Industrial Relations Act 1990.
accounting deficiency, for chapter 12, part 12, see section 560(d).
accounting records, for chapter 12, part 12, see section 554(3).
accounts, for chapter 12, see section 555.
act, for chapter 12, part 14, see section 604.
administer, for chapter 8, part 6, see section 316.
adoption leave, for chapter 2, part 2, see section 17.
amalgamated organisation, for chapter 12, part 15, see section 616.
amalgamation, for chapter 12, see section 409.
amalgamation ballot, for chapter 12, part 15, see section 616.
amalgamation day, for chapter 12, part 15, see section 616.
apparent employer, for chapter 11, part 2, division 3A, see section 400A.
apprentice see the Vocational Education, Training and Employment Act 2000, section 9.
apprenticeship see the Vocational Education, Training and Employment Act 2000, section 7.
appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person's classification level in the public service
approved apprenticeship means an apprenticeship approved by an approving authority for section 162.
approved superannuation fund means a complying superannuation fund nominated in an industrial instrument.
approved traineeship means a traineeship approved by an approving authority for section 162, other than a traineeship mentioned in—
(a) the Training Wage Award—State; or
(b) the National Training Wage Award 1994.
approved training means training for an apprentice or trainee that is approved by the approving authority.
approving authority means the Training and Employment Recognition Council under the Vocational Education, Training and Employment Act 2000, section 167.
assignment, for chapter 11, part 2, see section 376.
association—
(a) in relation to a demarcation dispute, see section 279(8); or
(b) for chapter 12, see section 409.
attempt to commit an offence see Criminal Code, section 4.
attendance notice means a notice in the approved form issued by the court, the commission, an Industrial Magistrates Court or the registrar requiring a person to attend at a stated time and place until excused, for 1 or more of the following—
(a) to give evidence;
(b) to produce a stated document or thing;
(c) another purpose specified in the notice.
audit report, for chapter 12, see section 558(1)(b).
Australian commission means FWA.
authorised industrial officer, for chapter 11, part 1, see section 363.
award—
(a) generally, means—
(i) an award made under chapter 5 or continued in force under this Act; or
(ii) an award as amended under chapter 5; and
(b) for chapter 6, division 3—includes a federal award.
ballot records, for chapter 12, see section 409.
branch, for chapter 12, see section 409.
business hours of an employer means the hours of operation of the employer's business.
calling means—
(a) a craft, manufacture, occupation, trade, undertaking or vocation; or
(b) a section of something mentioned in paragraph (a).
candidate, for chapter 12, part 9, see section 514.
casual vacancy, for chapter 12, see section 409.
certified agreement means a written agreement under chapter 6 about the relationship between the employer and employees.
child, for chapter 2, part 2, see section 17.
claim for wages means a claim—
(a) for an employee's wages payable under an industrial instrument or permit or under section 8A; or
(b) for an employee's wages payable under an agreement in which wages are payable at a price or rate higher than that fixed by a relevant industrial instrument or permit; or
(c) for an employee's wages payable under an agreement in which wages are payable at a price or rate that is not fixed by a relevant industrial instrument or permit; or
(d) for amounts payable, with an employee's written consent, from an employee's wages; or
(e) under chapter 11, part 2, division 2; or
(f) for amounts payable for a tool allowance under section 138; or
(g) for damages for contravention of an agreement made under an industrial instrument; or
(h) for damages suffered by an employee because the employer fails to pay the employee's wages; or
(i) for compensation under section 83.
collective body, for chapter 12, part 14, see section 604.
collegiate electoral system, for chapter 12, part 4, see section 439.
commission see section 255.
commissioner see section 256.
committee meeting, for chapter 12, see section 409.
Commonwealth Act means the Fair Work Act 2009 (Cwlth).
Commonwealth (Registered Organisations) Act means Fair Work (Registered Organisations) Act 2009 (Cwlth).
complying superannuation fund see Superannuation Industry (Supervision) Act 1993 (Cwlth).
conduct, for chapter 4, see section 102.
conflict of interest issue has the meaning given by the Integrity Act 2009, section 10.
conscientious beliefs, for chapter 4, see section 102.
constituent part, for chapter 12, part 15, see section 616.
construction means building and construction, civil and engineering construction or demolition work.
continuous service—
(a) for chapter 2, part 2, see section 18; and
(b) for chapter 2, part 3, see section 42.
contracted work, for chapter 11, part 2, see section 376.
convicted of a disqualifying offence, for chapter 12, part 9, see section 514.
convicted person, for chapter 12, part 9, see section 515.
corporation, for chapter 12, see section 410.
counterpart federal body, for chapter 12, see section 411.
court see section 242.
decision means—
(a) a decision of the court, the commission, a magistrate or the registrar; or
(b) an award, declaration, determination, direction, judgment, order or ruling; or
(c) an agreement approved, certified, or amended by the commission and an extension of the agreement.
declared employee, for chapter 16, part 2, see section 692A.
declared employer, for chapter 16, part 2, see section 692A.
defect, for chapter 12, see section 409.
demarcation dispute includes—
(a) a dispute arising between 2 or more organisations, or within an organisation, about the rights, status or functions of members of the organisations or organisation in relation to the employment of the members; and
(b) a dispute arising between employers and employees, or between members of different organisations, about the demarcation of functions of employees or classes of employees; and
(c) a dispute about the representation under this Act of the industrial interests of employees by an association or employee organisation.
demarcation dispute undertaking, for chapter 12, see section 409.
deputy president see section 258A.
deputy registrar see section 300.
deregistered organisation, for chapter 12, see section 409.
deregistration, for chapter 12, see section 409.
deregistration order, for chapter 12, part 16, see section 638.
designated award, in relation to a person to whom a certified agreement will apply, means an award that the commission under section 163 has decided is appropriate for deciding whether a certified agreement passes the no-disadvantage test.
direct voting system, for chapter 12, part 4, see section 438.
discrimination means discrimination—
(a) that would contravene the Anti-Discrimination Act 1991; or
(b) on the basis of sexual preference; or
(c) on the basis of family responsibilities.
disqualification period, for chapter 12, part 9, see section 522(1).
disqualifying offence, for chapter 12, part 9, see section 514.
doctor's certificate means a certificate signed by a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.
dual commissioner see section 306.
EFA means an enterprise flexibility agreement continued in force under this Act.
elected, for chapter 12, part 9, see section 514.
election, for chapter 12, see section 409.
electoral commission, for chapter 12, see section 409.
electoral officer, for chapter 12, see section 409.
eligibility rules, for chapter 12, see section 409.
eligible association means an association that is eligible to be, but is not, registered as an organisation.
eligible employee means an employee who, under a relevant industrial instrument, is an eligible employee for entitlement to occupational superannuation benefits.
eligible rollover fund see Superannuation Industry (Supervision) Act 1993 (Cwlth).
employee see section 5.
employee organisation means an organisation of employees.
employer—
(a) generally—see section 6; and
(b) for chapter 6, includes—
(i) a multi-employer; and
(ii) for a project—an organisation of employers; and
(c) for chapter 11, part 2—see also section 376.
employer organisation means an organisation of employers.
engage in conduct for a prohibited reason, for chapter 4, see section 104.
equal remuneration for work of equal or comparable value, for chapter 2, part 5, see section 59.
exempted person, for chapter 4, see section 102.
exemption certificate, for chapter 4, see section 102.
exercising, for chapter 8, part 6, see section 316.
existing organisation, for chapter 12, part 15, see section 616.
family responsibilities of an employee means the employee's responsibilities to care for or support—
(a) a dependent child of the employee; or
(b) any other immediate family member who is in need of care or support.
federal agreement means—
(a) an Australian workplace agreement, or a certified agreement, under the Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth); or
(b) an enterprise agreement or an individual flexibility arrangement under the Commonwealth Act.
federal award means—
(a) an award under the Workplace Relations Act 1996 (Cwlth) continued in existence under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth); or
(b) a modern award under the Commonwealth Act.
federal industrial authority, for chapter 16, part 2, see section 692A.
federal industrial authority manager, for chapter 16, part 2, see section 692A.
federal industrial instrument means the following—
(a) a fair work instrument under the Commonwealth Act;
(b) an instrument given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3, part 2;
(c) a Division 2B State instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).
federal organisation means an organisation under the Commonwealth (Registered Organisations) Act.
fee, for chapter 11A, see section 408A.
file, for chapter 12, see section 409.
financial affairs, for chapter 12, part 12, see section 551.
financial hardship payment, for chapter 12, see section 409.
financial year, for chapter 12, part 12, see section 552.
fixed rate, for chapter 11, part 2, division 3, see section 376.
full bench see section 256.
full pay means payment in full for the time that an employee is absent from work.
FWA means Fair Work Australia under the Commonwealth Act.
general meeting, for chapter 12, see section 409.
group training organisation means a corporation recognised by the Training and Employment Recognition Council as a group training organisation under the Vocational Education, Training and Employment Act 2000.
host employer means a person who contracts with a group training organisation for the training of apprentices and trainees.
immediate family includes—
(a) the employee's spouse; and
(b) a child, ex-nuptial child, stepchild, adopted child, ex-foster child, parent, grandparent, grandchild or sibling of the employee or employee's spouse.
industrial action—
(a) generally—means a lockout or strike; and
(b) for chapter 4—see also section 103.
industrial agreement means an industrial agreement continued in force under this Act.
industrial association, for chapter 4, see section 102.
industrial authority means a commission, court, board, tribunal or other entity having authority under the law of the Commonwealth or another State to exercise powers of conciliation, determination or arbitration for industrial matters or industrial disputes.
industrial body, for chapter 4, see section 102.
industrial cause includes an industrial matter and industrial dispute.
industrial conduct ground, for chapter 12, part 16, see section 637.
industrial dispute means—
(a) a dispute, including a threatened or probable dispute, about an industrial matter; or
(b) a situation that is likely to give rise to a dispute about an industrial matter.
industrial instrument means an award, certified agreement, industrial agreement, EFA, code of practice under section 400I or order under chapter 5, parts 5 and 6.
industrial law, for chapter 4, see section 102.
industrial matter see section 7.
industrial relations commission means the Queensland Industrial Relations Commission established under section 255.
industrial tribunal, for chapter 9, division 5, see section 345.
initial day, for a certified agreement, means the day on which it was certified.
inspector means a person, including the chief inspector, who holds an appointment as an inspector under section 350.
intended parent, for chapter 2, part 2, see section 17.
invalidity, for chapter 12, part 14, see section 604.
invalid reason, for a dismissal, see section 73(2).
IO Act means the repealed Industrial Organisations Act 1997.
irregularity, for chapter 12, see section 409.
joint session means proceedings in which a member sits with a member of an industrial authority.
labour market program means a labour market program approved by the Minister.
leave application, for chapter 12, part 9, see section 514.
lockout means an employer's action in closing a workplace, or suspending or discontinuing the employer's business, or any branch of it, or an employer's failure to continue to employ a number of employees, with intent—
(a) to compel or induce employees to agree to employment conditions or to comply with demands made on them by the employer, or another employer, contrary to this Act; or
(b) to cause loss or inconvenience to employees; or
(c) to incite, instigate, aid, abet or procure another lockout; or
(d) to help another employer to compel or induce employees to agree to employment conditions or comply with demands made by the other employer.
long adoption leave, for chapter 2, part 2, see section 17.
long parental leave, for chapter 2, part 2, see section 17.
long surrogacy leave, for chapter 2, part 2, see section 17.
long term casual employee, for chapter 2, part 2, see section 15A.
magistrate see section 290.
management committee—
(a) for chapter 4, part 1, see section 102; and
(b) for chapter 12, see section 409.
manager, for chapter 11A, see section 408A.
maternity leave, for chapter 2, part 2, see section 17.
meat works means a place where livestock are slaughtered or meat is boned.
member of the commission means the president, the vice president, a deputy president or a commissioner.
members, for chapter 12, part 16, see section 637.
membership subscription, for chapter 12, see section 409.
member's liability, for chapter 12, part 10, division 5, see section 541.
members register, for chapter 12, see section 409.
mine, for chapter 11, part 2, division 4, see section 376.
model, for chapter 11A, see section 408A.
model election rules, for chapter 12, see section 409.
mortgagee, for chapter 11, part 2, division 4, see section 376.
mortgagor, for chapter 11, part 2, division 4, see section 376.
multi-employer means 2 or more associated employers, whether associated because they—
(a) are related corporations; or
(b) are engaged in a joint venture or common enterprise; or
(c) undertake similar work.
national fair work legislation, for chapter 16, part 2, see section 692A.
negotiating party see section 148.
new business, for chapter 6, means the ongoing operation, once established, of a single business that the employer—
(a) proposes to establish at a new workplace; or
(b) is establishing at a new workplace; or
(c) is relocating to a new workplace;
but does not include the construction of the new workplace.
new State instrument see section 692A.
newly registered organisation, for chapter 12, part 15, see section 616.
nominal expiry date, of a certified agreement, see section 156.
non-judicial appointee see section 243(1)(b).
obstruct includes assault, hinder, intimidate, resist and threaten to obstruct.
office, for chapter 12, see section 412.
officer—
(a) of the court or commission, see sections 304 and 334(4); and
(b) of an organisation, or branch of an organisation, see section 409.
officers register, for chapter 12, see section 409.
old federal instrument, for chapter 16, part 2, see section 692A.
ombudsman see section 339A.
ordinary election, for chapter 12, see section 409.
ordinary rate, for an employee under an industrial instrument, federal award or federal agreement, means the rate the instrument, award or agreement states is payable for ordinary time.
organisation—
(a) generally—see section 409; and
(b) for chapter 12, part 14, see also section 604.
outworker means a person engaged, for someone else's calling or business, in or about a private residence or other premises that are not necessarily business or commercial premises, to—
(a) pack, process, or work on articles or material; or
(b) carry out clerical work.
owner, for chapter 2, part 3, see section 42.
parental leave entitlement, for chapter 2, part 2, see section 17.
party, for an industrial instrument or permit, includes a person bound by the instrument or permit.
pay an employee includes pay, with the employee's written consent, on account of the employee.
pay equity means equal remuneration for men and women workers for work of equal or comparable value.
penalty provision, for chapter 6, division 7, see section 182.
pensions Act, for schedule 2, means the Judges (Pensions and Long Leave) Act 1957.
performer, for chapter 11A, see section 408A.
period between seasons, for chapter 2, part 3, see section 42.
permit means—
(a) a students permit; or
(b) an aged or infirm persons permit.
person dissatisfied with a decision in proceedings means—
(a) a party to the proceedings; or
(b) a person bound by the decision; or
(c) if an inspector started the proceedings—any inspector.
pieceworker means a person employed in a calling on piecework rates.
place means—
(a) any land, building, structure, vehicle, vessel or aircraft; or
(b) part of anything mentioned in paragraph (a).
postal ballot, for chapter 12, see section 409.
presentation meeting, for chapter 12, part 12, see section 565.
president—
(a) see section 243; and
(b) for chapter 12, see section 409.
presidential member means the president, the vice president or a deputy president.
prime contractor, for chapter 11, part 2, see section 376.
private employment agent, for chapter 11A, see section 408A.
prohibited conduct, for chapter 4, see section 102.
prohibited reason, for chapter 4, part 1, see section 104.
project, for chapter 6, includes construction.
project agreement means a certified agreement for a project or a proposed project.
proposed amalgamated organisation, for chapter 12, part 15, see section 616.
proposed deregistering organisation, for chapter 12, part 15, see section 616.
protected industrial action means industrial action protected under section 174.
public holiday means—
(a) the following days—
• New Year's Day (1 January)
• Australia Day (26 January)
• Good Friday
• Easter Saturday (the day after Good Friday)
• Easter Monday (the Monday after Good Friday)
• Anzac Day (25 April)
• Labour Day (the first Monday in May)
• Birthday of the Sovereign (the first Monday in October)
• Christmas Day (25 December)
• Boxing Day (26 December)
• another day appointed as a public holiday under the Holidays Act 1983, section 2 or 11; or
(b) a day appointed under the Holidays Act 1983 to be a substitute holiday for an day mentioned in paragraph (a); or
(c) a show holiday.
publish, for chapter 11A, see section 408A.
published, in relation to the QIRC website, means published as provided under section 304B.
QIRC website see section 304A.
Queensland minimum wage see section 287(11).
QWRO see section 339A.
rate, for chapter 11, part 2, division 3, see section 376.
record, for chapter 11, part 1, see section 363.
records means any document containing data.
reduced wages means—
(a) for a person to whom an industrial instrument or permit applies—wages at a rate less than that provided for under the industrial instrument or permit; or
(b) for a person to whom section 8A applies—wages at a rate less than the Queensland minimum wage.
redundancy payment see section 85B.
referral agreement see section 273A(1)(b).
referred claim, for chapter 11, part 2, division 3A, see section 400A.
referred employer, for chapter 11, part 2, division 3A, see section 400A.
register, for chapter 12, see section 409.
registrar see section 297.
registrar's auditor, for chapter 12, part 12, see section 575.
registration, for chapter 12, see section 409.
registry see section 294.
regular part-time employee means an employee who—
(a) works less than full-time ordinary working hours; and
(b) has reasonably predictable hours of work; and
(c) is entitled to receive, on a proportionate basis, equivalent wages and employment conditions to those specified in an award for full-time employees who do the same type of work.
relevant award, in relation to a person to whom a certified agreement will apply, means an award—
(a) regulating any employment condition of persons engaged in the same kind of work as that of persons under the agreement; and
(b) that, immediately before the initial day of the agreement, binds the person's employer.
relevant day, for chapter 16, part 2, see section 692A.
relevant employee, for a certified agreement, means an employee whose employment is, or will be, subject to the agreement.
remuneration, for a provision relating to work of equal or comparable value, includes—
(a) the wage or salary payable to an employee; and
(b) amounts payable or other benefits made available to an employee under a contract of service.
repealed Act means the Workplace Relations Act 1997.
representative, for chapter 4, part 1, see section 102.
required number, for chapter 12, see section 409.
school-based apprentice or trainee means an apprentice or trainee who—
(a) is a student studying at a secondary school or tertiary institution; and
(b) has entered into an arrangement about the apprenticeship or traineeship with the school or institution and the employer.
season, for chapter 2, part 3, see section 42.
seasonal employment means employment related to a season.
secretary, for chapter 12, see section 409.
service, for chapter 2, part 6, see section 67.
short adoption leave, for chapter 2, part 2, see section 17.
short parental leave, for chapter 2, part 2, see section 17.
short surrogacy leave, for chapter 2, part 2, see section 17.
short term casual employee, for chapter 2, part 2, see section 17.
small organisation, for chapter 12, part 16, see section 637.
spouse, of an employee, includes a former spouse of the employee.
State peak council means an association that is effectively representative of a significant number of organisations that represent employers or employees in a range of callings.
strike—
(a) means the conduct of 2 or more employees who are, or have been, employed by the same employer, or different employers, consisting in—
(i) a wilful failure to perform work required of them under their employment contracts; or
(ii) a performance of work in a way in which it is not customarily performed; or
(iii) the adoption of a practice or strategy resulting in a restriction, limitation or delay in the performance of work or a restriction or limitation of the product of work; or
(iv) a ban, restriction or limitation on the performance of work or on acceptance or offering for work; or
(v) a wilful failure of the employees to attend for work that is not allowed by the employer; or
(vi) a wilful failure to perform any work at all by employees who attend for work that is not allowed by the employer;
that is because of a combination, agreement or understanding (expressed or implied) entered into by the employees or any of them and that has a purpose—
(vii) to compel or induce an employer to agree to employment conditions, or to employ, or cease to employ, a person or class of person, or to comply with demands made by the employees or any of them or by any other employees; or
(viii) to cause loss or inconvenience to an employer in the conduct of business; or
(ix) to incite, instigate, aid, abet or procure another strike; or
(x) to help employees in the employment of another employer to compel or induce the employer to agree to employment conditions or to employ, or cease to employ, a person or class of person or to comply with demands made by any employees; and
(b) includes conduct capable of constituting a strike even though the conduct relates to part only of the functions the employees must perform in their employment; but
(c) does not include action by an employee if—
(i) the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety; and
(ii) the employee did not unreasonably contravene a direction of his or her employer to perform other available work (whether at the same or another workplace) that was safe and appropriate for the employee to perform.
subcontractor, for chapter 11, part 2, see section 376.
successor includes assignee and transmittee.
surrogacy arrangement, for chapter 2, part 2, see section 17.
surrogacy leave, for chapter 2, part 2, see section 17.
take a statutory declaration, for chapter 8, part 6, see section 316.
terms, for chapter 16, part 2, see section 692A.
time and wages record, for chapter 11, part 1, see section 363.
trainee see the Vocational Education, Training and Employment Act 2000, section 10.
traineeship see the Vocational Education, Training and Employment Act 2000, section 8.
Training and Employment Recognition Council means the Training and Employment Recognition Council established under the Vocational Education, Training and Employment Act 2000, section 167.
training contract means—
(a) for an apprentice—an apprenticeship contract; or
(b) for a trainee—a traineeship contract.
transactions, for chapter 12, part 12, see section 551.
transfer of a calling includes the transmission, assurance, conveyance, assignment or succession of the calling—
(a) either by—
(i) operation of law; or
(ii) agreement, including an agreement effected by a third person; and
(b) either before or after the commencement of this Act.
unpaid wages claim, for chapter 11, part 2, division 3A, see section 400A.
valid majority means a majority of the relevant employees who cast a valid vote to give an approval, after the employer has given the employees a reasonable opportunity to decide whether they want to give the approval.
vice president see section 258.
violent offence, for chapter 12, part 9, see section 514.
wage rate includes pay rate and prices for work.
wages means—
(a) an amount payable to an employee for—
(i) work performed, or to be performed, by the employee; or
(ii) a public holiday; or
(iii) leave the employee is entitled to; or
(iv) termination of employment; or
(b) a salary; or
(c) an amount payable from wages for the employee, with the employee's written consent.
weeks pay means the ordinary rate for the relevant employee for a week, but does not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments.
withdrawal, for chapter 12, see section 409.
withdrawal ballot, for chapter 12, part 15, see section 616.
withdrawal day, for chapter 12, part 15, see section 616.
working day means a day on which employees normally perform work.
young employee means a person under 21 years engaged in a calling (other than an apprentice or a person subject to the Vocational Education, Training and Employment Act 2000) who receives a lower wage rate than that fixed by an industrial instrument for employees 21 years or over in the calling.