Queensland Subordinate Legislation as Made

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INDUSTRIAL RELATIONS REGULATION 2018 

- Made under the Industrial Relations Act 2016
- As at 23 February 2018
- Reg 19 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - QUEENSLAND EMPLOYMENT STANDARDS

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

   PART 3 - COLLECTIVE BARGAINING

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

   PART 4 - GENERAL PROTECTIONS

   8.      Temporary absence—illness or injury—Act, s 297

   PART 5 - AUTHORISED INDUSTRIAL OFFICERS

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

   PART 6 - OVERPAID WAGES

   10.     Recovering overpaid wages—Act, s 376
   11.     Recovering health employment overpayments—Act, s 948

   PART 7 - FEES CHARGED BY PRIVATE EMPLOYMENT AGENTS

   12.     Particulars for written notice—Act, s 400
   13.     Percentage of gross amount payable to model or performer—Act, s 400
   14.     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

   15.     Definition for part

           Division 2 - Applications, and service and publication of process

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

           Division 3 - Objections

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

           Division 4 - Notice of hearing and hearing

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

   PART 9 - RULES GENERALLY

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

   PART 10 - MODEL ELECTION RULES

   32.     Model election rules—Act, s 642

   PART 11 - CONDUCT OF ELECTIONS BY ORGANISATION OR BRANCH

   33.     Prescribed information for elections—Act, s 669
   34.     Prescribed particulars for election or ballot result reports—s 118 and Act, ss 676 and 818
   35.     Declaration of election or ballot result
   36.     Copies of result reports to be given
   37.     Voters may ask for information about election or ballot
   38.     Unauthorised action in conducting election or ballot
   39.     Ballot security

   PART 12 - RECORDS AND ACCOUNTS

   40.     Requirements for financial policies—Act, s 740
   41.     Procedure for issuing certificate about reporting units on registrar’s initiative—Act, s 757
   42.     Procedure for revoking certificate—Act, s 759
   43.     Opportunity to be heard about rule changes—Act, ss 757 and 759
   44.     Information for concise financial report—Act, s 778
   45.     Period to prepare general purpose financial report—Act, s 785
   46.     Certificate for general purpose financial report—Act, s 785
   47.     Information about reporting unit—Act, s 787

   PART 13 - AMALGAMATIONS AND WITHDRAWALS

           Division 1 - Federations

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

           Division 2 - Community of interest declaration

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

           Division 3 - Acting for constituent part

   55.     Who may act for constituent part

           Division 4 - Amalgamation and withdrawal schemes

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

           Division 5 - Applications about ballots

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

           Division 6 - ‘Yes’ or ‘no’ case

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

           Division 7 - Objections

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

           Division 8 - Hearing

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

           Division 9 - Ballots

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

           Division 10 - Roll

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

           Division 11 - Scrutineers

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

           Division 12 - Counting votes

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

           Division 13 - Approval of proposal

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

           Division 14 - Ballot inquiries

              Subdivision 1 - Applications and referrals to commission

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

              Subdivision 2 - Investigations and interim orders

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

              Subdivision 3 - Conduct of ballot inquiries

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

              Subdivision 4 - Offences about ballot inquiries

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

              Subdivision 5 - Miscellaneous

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

           Division 15 - Amalgamation or withdrawal taking effect

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

   PART 14 - EMPLOYERS DECLARED NOT TO BE NATIONAL SYSTEM EMPLOYERS

   145.    Declaration for Act, s 955—Hospital and Health Services
   146.    Declaration for Act, s 955—local governments
   147.    Declaration for Act, s 955—other employers

   PART 15 - GENERAL

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

   PART 16 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   149.    Repeal

           Division 2 - Saving and transitional provisions

   150.    Definition for division
   151.    Model rules
   152.    Declarations for Commonwealth Act, s 14(2) under repealed regulation
   153.    Proposed amalgamations and withdrawals
   154.    References to repealed regulation

   PART 17 - AMENDMENTS OF LEGISLATION

   155.    Consequential amendments of other legislation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7

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