Queensland Industrial Relations Act 2016 Current as at 31 August 2017 Queensland Industrial Relations Act 2016 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . 47 2 Commencement . 47 3 Main purpose of Act . 47 4 How main purpose is primarily achieved . 48 5 Act binds all persons . 50 Part 2 Interpretation 6 Definitions . 50 7 Who is an employer . 50 8 Who is an employee . 51 9 What is an industrial matter . 51 Part 3 General overview of scope of Act 10 Purpose of part . 52 11 Definition for part . 52 12 Who this Act applies to generally . 52 13 Who this Act applies to—particular provisions . 54 Chapter 2 Modern employment conditions Part 1 Preliminary 14 Definitions for chapter . 54 15 Meaning of long term casual employee . 55 Part 2 Interaction of elements of industrial relations system 16 What part is about . 55 17 Relationship between Queensland Employment Standards and other laws . 56 18 Relationship between Queensland Employment Standards and industrial instruments . 56 Industrial Relations Act 2016 Contents 19 Relationship of modern award with certified agreement . 56 20 Relationship of modern award with contract of service . 57 Part 3 Queensland Employment Standards Division 1 Preliminary 21 Meaning of Queensland Employment Standards . 57 Division 2 Minimum wage 22 Entitlement to minimum wage . 58 Division 3 Maximum weekly hours 23 Maximum weekly hours . 58 24 Applicable industrial instruments may provide for averaging of hours of work . 59 25 Averaging of hours of work for employees not covered by applicable industrial instruments . 60 26 Deciding whether additional hours are reasonable . 61 Division 4 Flexible working arrangements 27 Request for flexible working arrangements . 62 28 Decision about request for flexible working arrangements . 62 29 Deemed refusal of request for flexible working arrangements . 63 Division 5 Annual leave Subdivision 1 Entitlement to annual leave 30 Application of subdivision . 63 31 Entitlement . 64 32 Working out completed year of employment . 64 Subdivision 2 Taking annual leave 33 When annual leave may be taken . 65 34 Terms that may be included in applicable industrial instruments 65 Subdivision 3 Payment for annual leave 35 Payment for annual leave . 66 36 Annual leave loading . 67 Subdivision 4 Cashing out annual leave 37 Requirements for cashing out annual leave . 68 Subdivision 5 Payment on termination of employment 38 Payment for annual leave on termination of employment . 68 Division 6 Personal leave Subdivision 1 Sick leave 39 Application of subdivision . 69 Page 2 Industrial Relations Act 2016 Contents 40 Entitlement to sick leave . 69 41 Requirement for employee to give notice etc. 70 Subdivision 2 Carer’s leave 42 Entitlement—employees other than casual employees . 71 43 Entitlement—long term casual employees . 72 44 Entitlement—short term casual employees . 72 45 Employee to provide evidence to employer . 73 Subdivision 3 Bereavement and compassionate leave 46 Application of subdivision . 74 47 Entitlement—employees other than casual employees . 74 48 Entitlement—casual employees . 75 49 Evidence to be provided by employee . 76 50 Additional leave . 77 Subdivision 4 Cultural leave 51 Entitlement . 77 Division 7 Domestic and family violence leave 52 Entitlement to domestic and family violence leave . 78 53 Requirement for employee to give notice . 80 54 Employer may request evidence . 80 Division 8 Parental leave Subdivision 1 Preliminary 55 Application of division . 81 56 Explanation of types of parental leave . 81 57 Definitions for division . 82 Subdivision 2 Parental leave entitlement 58 Application of subdivision . 84 59 Entitlement to birth-related leave . 84 60 Entitlement to adoption leave . 85 61 Entitlement to surrogacy leave . 85 62 Maximum period of parental leave . 86 Subdivision 3 Notices and information 63 Employee notice—intention to take maternity leave . 87 64 Employee notice—intention to take birth-related leave other than maternity leave . 87 65 Employee notice—intention to take adoption leave . 88 66 Employee notice—intention to take surrogacy leave . 89 Page 3 Industrial Relations Act 2016 Contents 67 Reasons not to give notice or documents . 89 68 Consequences of failure to give notice of intention to take parental leave 90 69 Employee notice—change to situation . 90 70 Employee to advise employer about particular changes . 90 71 Employer to advise about parental leave entitlements . 91 72 Employer’s obligation to advise about significant change at the workplace . 91 Subdivision 4 Application to extend parental leave or return part-time 73 Application for extension of parental leave . 92 74 Application to work part-time . 92 75 Application for extension or part-time work . 93 76 Employer’s decision on application for extension or part-time work 94 Subdivision 5 Other provisions affecting duration of parental leave 77 Spouses not to take long parental leave at same time . 95 78 Cancelling parental leave . 95 79 Parental leave with other leave . 96 80 Working on a keeping in touch day during period of parental leave 97 81 Interruption of parental leave by return to work . 98 82 Extending period of parental leave by notice . 98 83 Shortening period of parental leave . 99 84 Effect on parental leave of employee ceasing to be responsible for the care of the child . 99 Subdivision 6 Other entitlements 85 Special maternity leave and sick leave . 99 86 Special adoption leave . 100 87 Special surrogacy leave . 100 88 Return to work after parental leave etc. 100 89 Transfer to a safe job . 101 90 Continuity of service . 102 91 Dismissal because of pregnancy or parental leave . 102 92 Replacement employees . 103 Division 9 Long service leave Subdivision 1 Preliminary 93 Definitions for division . 104 Subdivision 2 Relationship of this division with continuity of service provisions 94 Application of pt 4 for particular purposes . 105 Page 4 Industrial Relations Act 2016 Contents Subdivision 3 Entitlement 95 Entitlement—employees other than seasonal employees . 105 96 Continuity of service—service before 23 June 1990 . 106 Subdivision 4 Taking long service leave 97 Taking long service leave . 107 Subdivision 5 Payment for long service leave etc. for employees generally 98 Rate of payment . 108 99 Payment for commission . 109 100 Disputes about payment—piecework rates . 110 101 Other matters relating to payment for long service leave . 110 Subdivision 6 Casual or regular part-time employees 102 Definition for subdivision . 110 103 Continuity of service—casual employees . 110 104 Taking long service leave—casual or regular part-time employees 112 105 Payment for long service leave . 112 Subdivision 7 Seasonal employees in sugar industry and meat works 106 Application of subdivision . 113 107 Entitlement to long service leave . 113 108 Taking long service leave . 114 Subdivision 8 Other seasonal employees 109 Entitlement of other seasonal employees . 115 Subdivision 9 Miscellaneous provisions 110 Payment instead of long service leave . ..