Queensland Numbered Acts Queensland Numbered ActsAfter chapter 15 —
insert —
952A Main purpose of chapter The main purpose of this chapter is to maximise the protection of public sector employment and respond to the financial impact of the COVID-19 emergency by—(a) deferring the payment of wage increases that would otherwise be payable under certified agreements during—(i) the 2020–2021 financial year; and(ii) the following financial year; and(b) providing for 2019 wage adjustments and other variations to certified agreements; and(c) temporarily modifying the collective bargaining process under chapter 4.
952B Application of chapter This chapter does not apply in relation to—(a) an employer that is—(i) a local government sector employer within the meaning of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; or(ii) a parents and citizens association under the Education (General Provisions) Act 2006 ; or(iii) the Darling Downs–Moreton Rabbit Board established under the Stock Route Management Act 2002 ; or(b) employees of an entity mentioned in paragraph (a).
952C Definitions for chapter In this chapter—
"2020–2021 financial year" means the financial year ending on 30 June 2021.
"2020–2021 wage increase" , for part 2, see section 952E(3).
"COVID-19 emergency" see the COVID-19 Emergency Response Act 2020 .
"relevant agreement" , for part 4, division 3, see section 952M(1).
"wage increase" —(a) for part 2, see section 952D; or(b) for part 4, see section 952J.
952D Meaning of wage increase for part(1) For this part, a
"wage increase" , under a certified agreement, is any of the following provided for under the agreement—(a) an increase to wage rates by an amount equivalent to 2.5% effective from a stated day after the commencement;Examples for paragraph (a)—• Stadiums Queensland Staff Certified Agreement 2019, clause 4.2.1, to the extent it provides for wage increases on 1 August 2020, 1 August 2021 and 1 August 2022• Department of Education State School Teachers’ Certified Agreement 2019, clause 4.1.1(b) and (c)• Queensland Police Service Certified Agreement 2019, clause 12(1), to the extent it provides for wage increases on 1 July 2020 and 1 July 2021(b) an increase in an allowance payable to employees that takes effect in conjunction with an increase mentioned in paragraph (a).Examples for paragraph (b)—• Stadiums Queensland Staff Certified Agreement 2019, clause 6.1.3• Department of Education State School Teachers’ Certified Agreement 2019, clause 4.2• Queensland Police Service Certified Agreement 2019, clause 26(2) To remove any doubt, it is declared that the following matters provided for under a certified agreement are not a
"wage increase" for this part—(a) an increase in wages that takes effect only because of a change to wage rates under a modern award that applies to the employees covered by the agreement;(b) an increase in wages of an agreed amount or an amount decided under a wages determination;Example for paragraph (b)—State Government Entities Certified Agreement 2019, clause 2.10(c) the introduction of a new allowance, classification or pay point;(d) a reclassification of a position.
952E Application of part(1) This part applies if a certified agreement provides for a wage increase to take effect during the 2020–2021 financial year.Examples of certified agreements that provide for wage increases to which this part applies—• Stadiums Queensland Staff Certified Agreement 2019, clause 4.2.1, to the extent it provides for a wage increase on 1 August 2020• Department of Education State School Teachers’ Certified Agreement 2019, clause 4.1.1(b)• Queensland Police Service Certified Agreement 2019, clause 12(1) to the extent it provides for a wage increase on 1 July 2020(2) For subsection (1), it does not matter whether the certified agreement—(a) was certified before the commencement; or(b) is certified after the commencement under chapter 4 as modified by part 5.(3) For this part, a wage increase mentioned in subsection (1) is a
"2020–2021 wage increase" .
952F Deferral of 2020–2021 wage increase The certified agreement is taken to be varied to provide that—(a) no wage increase is payable under the agreement during the 2020–2021 financial year; and(b) the 2020–2021 wage increase takes effect on the day that is 1 year from the day the wage increase would, but for this part, have taken effect under the agreement.
952G Deferral of subsequent wage increase(1) This section applies if the certified agreement provides for 1 or more further wage increases after the 2020–2021 wage increase.(2) The certified agreement is taken to be varied to provide that the wage increase immediately after the 2020–2021 wage increase—(a) is not payable on the day provided for under the agreement; and(b) takes effect on the day that is 6 months from the day the wage increase would, but for this part, have taken effect under the agreement.Examples of certified agreements varied under subsection (2)—• Stadiums Queensland Staff Certified Agreement 2019, clause 4.2.1, to the extent it provides for a wage increase on 1 August 2021• Department of Education State School Teachers’ Certified Agreement 2019, clause 4.1.1(c)• Queensland Police Service Certified Agreement 2019, clause 12(1) to the extent it provides for a wage increase on 1 July 2021(3) This section does not affect any wage increase after the wage increase mentioned in subsection (2) that is provided for under the certified agreement.Example for subsection (3)—Stadiums Queensland Staff Certified Agreement 2019, clause 4.2.1, to the extent it provides for a wage increase on 1 August 2022
952H Application of part(1) This part applies in relation to a certified agreement mentioned in schedule 4A, column 1.(2) For subsection (1), it does not matter whether the nominal expiry date for the certified agreement had passed before the commencement.
952I Variation of certified agreement on commencement(1) On the commencement, the certified agreement is taken to be varied to provide for a 2.5% wage increase effective from the date stated for the agreement in schedule 4A, column 2.(2) The wage increase is payable only to employees who are covered by the agreement on the commencement.(3) In this section—
"relevant terms" , of a certified agreement, means the terms of the agreement mentioned in schedule 4A, column 3.
"wage increase" , in relation to a certified agreement, is an increase to both of the following—(a) the wage rates (however described), provided for under the relevant terms of the agreement, effective immediately before the commencement;(b) an allowance payable to employees under the agreement immediately before the commencement, if the agreement provides for the amount of the allowance to be increased in conjunction with increases to wage rates.
952J Meaning of wage increase for part(1) In this part, a
"wage increase" , in relation to a certified agreement mentioned in schedule 4B, part 1, column 1 or part 2, column 1, is a 2.5% increase to both of the following—(a) the wage rates (however described), provided for under the relevant terms of the agreement, effective immediately before the wage increase is payable;(b) an allowance payable to employees under the agreement, at the time mentioned in paragraph (a), if the agreement provides for the amount of the allowance to be increased in conjunction with increases to wage rates.(2) In this section—
"relevant terms" , of a certified agreement mentioned in schedule 4B, part 1, column 1 or part 2, column 1, means the terms of the agreement mentioned in column 4 of that schedule.
952K Application of division(1) This division applies in relation to a certified agreement mentioned in schedule 4B, part 1, column 1.(2) For subsection (1), it does not matter whether the nominal expiry date for the certified agreement had passed before the commencement.
952L Variation of certified agreement On the commencement, the certified agreement is taken to be varied—(a) if a date is stated for the agreement in schedule 4B, part 1, column 2—to extend the nominal expiry date for the agreement to the stated date; and(b) to provide for a wage increase that is—(i) effective from each date stated for the agreement in schedule 4B, part 1, column 3; and(ii) payable to all employees covered by the agreement on the stated date.
952M Application of division(1) This division applies in relation to a certified agreement mentioned in schedule 4B, part 2, column 1 (the
"relevant agreement" ) if—(a) an application to certify a new agreement covering all of the employees covered by the relevant agreement is not made on or before 31 August 2020; orExamples for paragraph (a)—• an application to certify a new agreement that has the same scope as the relevant agreement• an application to certify 2 agreements that collectively have the same scope as the relevant agreement(b) both of the following apply—(i) an application to certify a new agreement, covering all of the employees covered by the relevant agreement, is made on or before 31 August 2020;(ii) the new agreement is not certified by the commission on or before 14 September 2020.(2) For subsection (1), it does not matter whether the nominal expiry date for the certified agreement had passed before the commencement.
952N Variation of certified agreement(1) On the variation day for the relevant agreement, the agreement is taken to be varied—(a) if a date is stated for the agreement in schedule 4B, part 2, column 2—to extend the nominal expiry date for the agreement to the stated date; and(b) to provide for a wage increase that is—(i) effective from each date stated for the agreement in schedule 4B, part 2, column 3; and(ii) payable to all employees covered by the agreement on the stated date.(2) In this section—
"variation day" , for a relevant agreement, means—(a) if section 952M(1)(a) applies in relation to the agreement—1 September 2020; or(b) if section 952M(1)(b) applies in relation to the agreement—15 September 2020.
952O Effect of extension of nominal expiry date of nominally expired agreement(1) This section applies if—(a) the nominal expiry date of a certified agreement is extended under this part; and(b) before the extension takes effect, the agreement had nominally expired.(2) On the extension taking effect—(a) the certified agreement stops being nominally expired; and(b) if the parties to the agreement were bargaining under chapter 4 immediately before the extension takes effect—(i) any steps taken in relation to the bargaining process are of no effect; and(ii) without limiting chapter 4, part 8, the parties can no longer take protected industrial action.(3) To remove any doubt, it is declared that, if subsection (2)(b) applies, this section does not affect the validity of protected industrial action taken while the agreement was nominally expired.(4) This section applies despite section 223.
952P Interpretation A term used in this part that is defined in chapter 4 has the meaning given in chapter 4.
952Q Modified application of ch 4 Chapter 4 applies subject to the modifications provided for under this part during the period—(a) starting on the commencement; and(b) ending on 30 September 2020.
952R Modification of s 189 (Application for certification of agreement)(1) Section 189(1) and (2) does not apply.(2) An application to certify an agreement may be made only by a negotiating party who is an employer.(3) An application to certify an agreement may be made even though it has not been signed by or for all of the parties if—(a) all employers who are negotiating parties have agreed on the terms of the agreement; and(b) a majority of the negotiating parties have agreed on the terms of the agreement.(4) For subsection (3)(b), all employers who are negotiating parties are collectively to be counted as 1 negotiating party.
952S Commission must decide application without hearing(1) Sections 191 and 192 do not apply in relation to an application to certify an agreement.(2) The commission must decide the application without a hearing.
952T Application of division (Deciding applications)(1) This division applies in relation to a part 5 application for certification of an agreement.(2) Chapter 4, part 5, division 2 applies subject to the modifications provided for under this division.
952U Commission’s decision on applications Sections 193(1)(b) and (3) and 194 do not apply.
952V Compliance with bargaining process requirements Section 195 does not apply.
952W Agreement to be signed or agreed to by parties(1) Section 196 does not apply.(2) The commission must be satisfied the agreement—(a) is in writing; and(b) has been signed by or for all the parties.(3) Subsection (2)(b) does not apply if the commission is satisfied that—(a) all employers who are negotiating parties have agreed on the terms of the agreement; and(b) a majority of the negotiating parties have agreed on the terms of the agreement.(4) For subsection (3)(b), all employers who are negotiating parties are collectively to be counted as 1 negotiating party.
952X Approval by relevant employees Section 197 does not apply.
952Y Other provision that does not apply Chapter 4, part 5, division 2, subdivision 3 does not apply.
952Z Extension of nominal expiry date of certified agreement Section 223(2)(b) and (4) does not apply in relation to an application to extend the nominal expiry date of a certified agreement.
952ZA Modification of s 225 (Amendment on application)(1) Section 225(1) to (3) and (5)(c) does not apply to an application to amend a certified agreement.(2) The application may be made only by an employer who is a party to the certified agreement.(3) The commission must approve the application if—(a) all employers who are parties to the certified agreement have agreed on the terms of the amendment; and(b) a majority of the employers and employee organisations who are parties to the agreement have agreed on the terms of the amendment.(4) For subsection (3)(b), all employers who are parties are collectively to be counted as 1 party.
952ZB Modification of s 228 (Termination after nominal expiry date)(1) Section 228(1)(b) and (c) does not apply to an application to terminate a certified agreement.(2) Section 228(3)(b)(i) applies in relation to the application as if the reference in the section to the other parties to the agreement were a reference to a majority of the employers and employee organisations who are parties to the agreement.(3) For subsection (2), all employers who are parties are collectively to be counted as 1 party.
952ZC Particular terms of certified agreements of no effect To the extent a term of a certified agreement is inconsistent with this chapter, the term is of no effect.
952ZD Entitlements relating to deferred payments(1) This section applies in relation to a payment deferred under this chapter.(2) A person is entitled to receive the payment only if the person is an employee on the date to which the payment is deferred.(3) An employee is not entitled to be paid any amount relating to the period of the deferral.
952ZE Relationship of chapter with other provisions about variations(1) This chapter applies despite section 224.(2) The variation of a certified agreement under this chapter does not of itself prevent the agreement being terminated under chapter 4, part 7, division 3.
952ZF Publication of certified agreement as varied(1) This section applies if a certified agreement is varied under this chapter.(2) As soon as practicable after the variation takes effect, the registrar must—(a) publish the certified agreement, as varied, on the QIRC website; and(b) give the parties to the agreement notice of the variation.(3) For complying with subsection (2), the registrar may ask an employer covered by the certified agreement for information reasonably required by the registrar.
952ZG Expiry of chapter and schs 4A and 4B This chapter, and schedules 4A and 4B, expire on 30 September 2020.