Queensland Consolidated Regulations

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INDUSTRIAL RELATIONS REGULATION 2011 

- Made under the Industrial Relations Act 1999
- As at 1 March 2017
- Reg 170 of 2011

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   2A.     Continued operation and expiry of this regulation
   3.      Definitions

   PART 2 - QUEENSLAND EMPLOYMENT STANDARDS

   4.      (Repealed)
   5.      (Repealed)
   6.      Working out continuous service—Act, s 123
   7.      Compensation for commission or piece rate employees—Act, s 124

   PART 2A - (Repealed)

   PART 3 - COLLECTIVE BARGAINING

   8.      Information to accompany proposed bargaining instrument—Act, s 198
   10.     Protected industrial action—Act, s 237

   PART 4 - GENERAL PROTECTIONS

   10A.    Temporary absence—prescribed illness or injury—Act, s 297
   10B.    (Repealed)
   10C.    (Repealed)
   10D.    (Repealed)
   10E.    (Repealed)
   10F.    (Repealed)
   10G.    (Repealed)
   10H.    (Repealed)

   PART 4A - (Repealed)

   PART 5 - AUTHORISED INDUSTRIAL OFFICERS

   11.     Application for issue of an authority—Act, s 337

   PART 6 - OVERPAID WAGES

   12.     Recovering overpaid wages—Act, s 376
   12A.    Recovering health employment overpayments—Act, s 948

   PART 7 - FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS

   13.     Particulars for written notice—Act, s 400
   14.     Prescribed percentage of gross amount payable to model or performer—Act, s 400
   15.     Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 400

   PART 8 - APPLICATION TO INDUSTRIAL TRIBUNAL UNDER CHAPTER 12 OF THE ACT

           Division 1 - Definition

   16.     Definition for pt 8

           Division 2 - Applications, and service and publication of process

   17.     Applications to industrial tribunal
   18.     Applications for registration, change of list of callings or amendment of name or eligibility rules
   19.     Certain applications must state grounds on which they are made
   20.     Application for exemption—Act, s 802
   21.     How making of resolution is to be notified—Act, s 813
   22.     Publishing notice—Act, s 814
   23.     Signing or sealing application for deregistration order—Act, s 879
   24.     Application by registrar for deregistration order for defunct organisation—Act, s 879

           Division 3 - Objections

   25.     Who may object—Act, s 894
   26.     Notice of objection
   27.     Answering objections—Act, s 894

           Division 4 - Notice of hearing and hearing

   28.     Hearing application and objections—Act, s 894
   29.     Notice of hearing
   30.     Opportunity to make written submissions
   31.     Grounds objector may rely on

   PART 9 - RULES GENERALLY

   32.     Cost of copy of rules—Act, s 616

   PART 10 - MODEL ELECTION RULES

   33.     Model election rules—Act, s 642

   PART 11 - CONDUCT OF ELECTIONS BY ORGANISATION OR BRANCH

   34.     Prescribed information for elections—Act, s 669
   35.     Prescribed particulars for election or ballot result reports��s 119 and Act, ss 676 and 818
   36.     Declaration of election or ballot result
   37.     Copies of result reports to be given
   38.     Voters may ask for information about election or ballot
   39.     Unauthorised action in conducting election or ballot
   40.     Ballot security

   PART 11A - (Repealed)

   PART 12 - FINANCES AND ACCOUNTABILITY

           Division 1 - (Repealed)

           Division 2 - (Repealed)

           Division 3 - (Repealed)

           Division 4 - (Repealed)

   PART 13 - AMALGAMATIONS AND WITHDRAWALS

           Division 1 - Federations

   49.     Application for recognition as federation
   50.     Representation by federation
   51.     Amendment of federation’s composition
   52.     When federation ends
   53.     Change in particulars, rules or agreement for federation

           Division 2 - Community of interest declaration

   54.     Community of interest declaration for amalgamation
   55.     End of declaration

           Division 3 - Acting for constituent part

   56.     Who may act for constituent part

           Division 4 - Amalgamation and withdrawal schemes

   57.     Management committee approval
   58.     Amalgamation or withdrawal scheme
   59.     Alternative schemes for amalgamation
   60.     Amending schemes
   61.     Scheme outlines

           Division 5 - Applications about ballots

   62.     Application to submit proposed amalgamation to a ballot
   63.     Application to submit proposed withdrawal to a ballot
   64.     Amalgamation ballot exemption—number of members
   65.     Amalgamation ballot exemption—recognising federal ballot
   66.     Withdrawal ballot exemption—recognising federal ballot
   67.     Application for alternative ballot
   68.     Withdrawing from application

           Division 6 - ‘Yes’ or ‘no’ case

   69.     Filing ‘yes’ case
   70.     Filing ‘no’ case
   71.     Commission statements
   72.     ‘Yes’ or ‘no’ cases may include things other than words
   73.     Amending ‘yes’ or ‘no’ cases

           Division 7 - Objections

   74.     Objections about amalgamations
   75.     Objection to amalgamation ballot exemption—recognising federal ballot
   76.     Objection to withdrawal ballot exemption—recognising federal ballot
   77.     Notice of objection
   78.     Answering objection

           Division 8 - Hearing

   79.     Notice of application
   80.     Amalgamation or withdrawal hearing
   81.     Amalgamation ballot approval if no objections or objections withdrawn
   82.     Notifying refusal of ballot application
   83.     Hearing objection
   84.     Amalgamation ballot approval after hearing objections
   85.     Withdrawal ballot approval
   86.     Ballot exemption—number of members
   87.     Amalgamation ballot exemption—recognising federal ballot
   88.     Withdrawal ballot exemption—recognising federal ballot
   89.     Alternative ballot approval
   90.     Notice to manager of ballot
   91.     Fixing ballot period

           Division 9 - Ballots

   92.     Electoral commission to conduct ballot
   93.     Providing information and documents to electoral officers
   94.     Action and directions by manager of ballot
   95.     Manager of ballot must give copy of scheme or outline if asked
   96.     Members’ secret postal ballot
   97.     Form of ballot paper
   98.     Notice of ballot
   99.     Postal ballots—distributing voting material
   100.    Material for alternative ballots
   101.    Alternative ballots—distributing ballot papers
   102.    Duplicate ballot documents—postal voting
   103.    Duplicate ballot papers—alternative ballot
   104.    Manager must keep a ballot box
   105.    How to vote by post
   106.    How to vote in an alternative ballot
   107.    How ballot manager must deal with voting material

           Division 10 - Roll

   108.    Roll—who may vote
   109.    Roll—inspection

           Division 11 - Scrutineers

   110.    Scrutineers
   111.    Scrutineers’ rights
   112.    Scrutineers’ objections
   113.    Direction to leave count

           Division 12 - Counting votes

   114.    Initial scrutiny of postal votes
   115.    Counting votes
   116.    Ballot records to be kept

           Division 13 - Approval of proposal

   117.    Members’ decision on amalgamation or withdrawal
   118.    Amalgamation approval
   119.    Ballot result report
   120.    Further ballot if amalgamation not approved

           Division 14 - Ballot inquiries

              Subdivision 1 - Applications and referrals to commission

   121.    Commission may conduct ballot inquiry
   122.    Who may apply
   123.    Requirements for application
   124.    Referral to commission

              Subdivision 2 - Investigations and interim orders

   125.    Commission may authorise registrar to investigate
   126.    Interim orders
   127.    When interim order ends

              Subdivision 3 - Conduct of ballot inquiries

   128.    Commission’s functions and powers for inquiry
   129.    Orders if irregularity found
   130.    Enforcing orders under this division

              Subdivision 4 - Offences about ballot inquiries

   131.    Disadvantaging applicant for inquiry
   132.    Obstructing orders being carried out

              Subdivision 5 - Miscellaneous

   133.    Financial help for application
   134.    Costs of fresh ballot ordered by inquiry

           Division 15 - Amalgamation or withdrawal taking effect

   135.    Who may apply to fix a start day for amalgamation or withdrawal
   136.    Fixing start day for amalgamation or withdrawal
   137.    Order to apportion assets and liabilities on withdrawal
   138.    Holding office after withdrawal
   139.    Effect of amalgamation on commission decisions
   140.    Effect of withdrawal on order of commission or industrial instrument
   141.    Effect of amalgamation on instruments
   142.    Effect of withdrawal on agreements, arrangements or other instruments
   143.    Effect of amalgamation on pending proceedings
   144.    Effect of withdrawal on pending proceedings
   145.    Amalgamated organisation to carry out amalgamation

   PART 13A - EMPLOYERS DECLARED NOT TO BE NATIONAL SYSTEM EMPLOYERS

   145A.   Declaration for Act, s 955—Hospital and Health Services
   145B.   Declaration for Act, s 955—Gold Coast Waterways Authority
   145C.   Declaration for Act, s 955—local governments
   145D.   Declaration for Act, s 955—Trade and Investment Queensland
   145E.   Declaration for Act, s 955—TAFE Queensland
   145F.   Declaration for Act, s 955—Queensland Agricultural Training Colleges
   145G.   Declaration for Act, s 955—Tourism and Events Queensland
   145H.   Declaration for Act, s 955—Queensland Curriculum and Assessment Authority
   145I.   (Repealed)
   145J.   Declaration for Act, s 955—Building Queensland
   145K.   Declaration for Act, s 955—Queensland Productivity Commission
   145L.   Declaration for Act, s 955—National Injury Insurance Agency, Queensland

   PART 14 - GENERAL

   146.    Certificate of employment on termination—Act, s 935

   PART 14A - (Repealed)

   PART 15 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   147.    Repeal

           Division 2 - Saving and transitional provisions

   148.    Model rules
   149.    Declarations for Commonwealth Act, section 14(2) under repealed regulation
   150.    References to repealed regulation

   PART 16 - TRANSITIONAL PROVISIONS FOR INDUSTRIAL RELATIONS (TRANSITIONAL) REGULATION 2017

   151.    Existing proceedings and proceedings not started
   152.    Continuation of repealed s 7D for existing application to certify agreement
   153.    Continuation of pt 7 (Fees charged by private employment agents)
   154.    Continuation of ss 23 and 24 for existing application for deregistration
   155.    Application of s 123 if ballot declared before commencement
           Schedule 1AA (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           Schedule 2A (Repealed)
           Schedule 2C (Repealed)
           SCHEDULE 3
           Schedule 3 (Repealed)
           SCHEDULE 4
           Schedule 4 (Repealed)
           SCHEDULE 5
           Schedule 5 (Repealed)
           Schedule 5C (Repealed)
           SCHEDULE 6
           SCHEDULE 7A
           SCHEDULE 7

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