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1
Industrial Relations Legislation Amendment
INDUSTRIAL RELATIONS
LEGISLATION AMENDMENT BILL 1995
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The principal objective of Part 2 of this Bill is to amend Section 522 of
the Industrial Relations Act 1990 in order that the revised operational
arrangements for the management of workplace reform and industrial
relations in the public sector can be put into effect.
In addition, Part 3 of this Bill seeks to amend the Public Service
Management and Employment Act 1988 to provide the legislative basis
which will allow individual agencies to vary entitlements and conditions of
employment of officers of the public service, as currently provided for in
specified Determinations made by the Governor in Council, through the
mechanism of agency-level certified agreements.
Reasons for the Bill
Part 2 of this Bill seeks to change existing legislation thus enabling public
sector units to assume greater responsibility for the management of
industrial relations by allowing them to provide their own representation
before Queensland industrial tribunals without furnishing a request to the
Minister for Employment, Training and Industrial Relations.
The proposed amendment to the Industrial Relations Act 1990 does not
alter the existing provisions under Section 523 of the Industrial Relations
Act 1990 whereby the Department of Employment, Vocational Education,
Training and Industrial Relations (DEVETIR) is empowered with the right
of representation before industrial tribunals in matters where the Minister
for Employment, Training and Industrial Relations determines that an
industrial cause affects employees in more than one unit of the public
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Industrial Relations Legislation Amendment
sector.
Part 3 of this Bill gives effect to one of the initiatives to be implemented
under Enterprise Bargaining for Queensland Core Government
Departments, whereby commitment has been given to review all
Determinations made by the Governor in Council under the Public Service
Management and Employment Act 1988 (PSME Act) and the Public
Service Management and Employment Regulation 1988 (PSME
Regulation).
The primary objective of this initiative of the Core Agreement is to
enable agencies to deliver productivity improvements by providing greater
flexibility in the application of minimum standards. It is proposed to allow
individual agencies to vary specified (but not all) Determinations through
the mechanism of agency-level certified agreements. Agencies will have
the capacity to vary the conditions either in quantum or application, where
necessary to improve agency productivity.
The Crown Solicitor has advised that, in accordance with section 519 of
the Industrial Relations Act 1990, Determinations made by the Governor in
Council under section 43(3) of the PSME Act and the PSME Regulation
currently prevail over any certified agreement to the extent of any
inconsistency between their provisions, because there is no contrary
provision in any section of the PSME Act. The Crown Solicitor has
therefore recommended that the PSME Act be amended to provide that
where inconsistencies occur between statutory Determinations and
conditions contained in agencies' certified agreements, the latter will prevail.
It is therefore necessary to amend the Public Service Management and
Employment Act 1988 to provide the legislative basis for entitlements and
conditions specified in agency certified agreements to prevail (to the extent
of the inconsistency) over those specified in the relevant Determinations, for
the life of the agreement.
Estimated Cost for Government Implementation
The proposed amendment to the Industrial Relations Act 1990 will not
result in any additional costs to Government.
Also, there should be no overall cost to Government as a result of the
proposed amendment to the Public Service Management and Employment
Act 1988. Moreover, as part of an agency-specific productivity initiative,
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Industrial Relations Legislation Amendment
overall benefits to Government should result either through administrative
efficiencies or through workplace productivity enhancements.
Consultation
Consultation on the proposed amendment to the Industrial Relations Act
1990 has taken place with relevant trade unions and the Peak Council of
Trade Unions.
Extensive consultation on the amendment to the Public Service
Management and Employment Act 1988 has occurred with public sector
unions through the Central Single Bargaining Unit (CSBU), established
under the certified agreement for Core Government Departments. The
CSBU has endorsed the strategy of establishing agency-specific
entitlements and conditions, currently provided for in Determinations, as
part of productivity initiatives in agency certified agreements.
NOTES ON PROVISIONS
Short Title
Clause 1 provides a short title for the amending legislation.
Act to be amended by Pt 2 and the Sch
Clause 2 names the existing Act affected by the amendments contained
in Part 2 of the Bill and the Schedule to the Bill.
Replacement of Section 522 (Representation of public sector units)
Clause 3. The proposed amendment of Section 522 (1) of the Industrial
Relations Act 1990 removes the definition of "unit of the public sector" as
this definition is contained in the Acts Interpretation Act.
The proposed amendment of Section 522 (2) of the Industrial Relations
Act 1990 also varies the arrangements as to who may represent a unit of the
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Industrial Relations Legislation Amendment
public sector before industrial tribunals.
The new provisions provide public sector units with the right to make
their own arrangements for representation before industrial tribunals.
Under Section 523 of the Industrial Relations Act 1990, DEVETIR still
retains the right of representation in matters where the Minister for
Employment, Training and Industrial Relations determines that an industrial
cause affects employees in more than one unit of the public sector; this
would include public sector wide issues.
Act amended by Pt 3
Clause 4 names the existing Act affected by the amendments contained
in Part 3 of the Bill.
Insertion of new s42A
Clause 5 inserts a new section 42A after the current section 42 of the
Public Service Management and Employment Act 1988. This new section
42A provides that, where an inconsistency exists between a Determination,
made by the Governor-in-Council under section 43(3) of the Public Service
Management and Employment Act 1988, and an agreement made under part
11 of the Industrial Relations Act 1990, then the agreement prevails over
the Determination to the extent of the inconsistency. Arrangements
incorporated in agreements made under part 11 of the Industrial Relations
Act 1990 cease to have application at the conclusion of the agreement and,
by definition, revert to the Governor in Council approved Determinations.
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Industrial Relations Legislation Amendment
SCHEDULE
MINOR AMENDMENTS
Amendment of Section 88 (Powers etc. vested in Commission by other
jurisdictions).
Clause 1--Section 88(1)--Replaces the reference to "order in council"
with "regulation" in accordance with the terms of the Statutory Instruments
Act.
Amendment of Section 221 (Hours of Work).
Clause 2--Section 221(6)--This is a machinery amendment to rectify an
incorrect reference.
Amendment of Section 238 (Source of long service leave entitlement).
Clause 3--Section 238(4)--The amendment is consequential to the
replacement of "order in council" by "regulation" in section 252.
Amendment of Section 449 (Application of Division).
Clause 4--Section 449--The amendment includes reference to the law
which superseded the Companies (Queensland) Code.
Amendment of Section 472 (Documents open to inspection).
Clause 5--Section 472(2)--Replaces the reference to "order in council"
with "regulation" in accordance with the terms of the Statutory Instruments
Act.
Amendment of Section 475 (Recovery of moneys due to industrial
organisation).
Clause 6--Section 475(2)--The amendment removes an outdated
provision which dealt with transitional arrangements applying in connection
with the introduction of the Industrial Relations Act 1990.
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Industrial Relations Legislation Amendment
Amendment of Section 618 (Savings).
Clause 7--Section 618(2) and (3)--Removes outdated savings
provisions (See Acts Interpretation Act).
Amendment of Section 618 (Savings).
Clause 8--Renumbers Section 618(4) to (7) consequential to the
omission of Section 618(2) and (3).
Amendment of Section 619 (Demarcation orders and disputes).
Clause 9--Section 619--Removes outdated savings provisions (See
Acts Interpretation Act).
Amendment of Section 620 (Transitional provisions in relation to
amalgamations).
Clause 10--Section 620--Removes outdated savings provisions (See
Acts Interpretation Act).
© The State of Queensland 1995