Industrial Relations and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill implements 40 recommendations from the five-year review of Queensland's Industrial Relations Act 2016. It strengthens workplace sexual harassment protections, creates new minimum standards for gig economy courier drivers, modernises parental leave entitlements, requires gender pay gap transparency in collective bargaining, and tightens rules around who can claim to represent workers and employers.
Who it affects
Gig economy courier and delivery drivers gain minimum pay protections and unfair termination rights for the first time. Queensland public sector and local government workers benefit from improved parental leave, stronger harassment protections, and gender pay gap disclosure in bargaining.
Gig economy courier driver protections
Creates a new framework giving the Queensland Industrial Relations Commission power to set minimum pay and working conditions for independent courier drivers, including food delivery riders. Modelled on New South Wales legislation, it requires Commonwealth approval before commencing.
- QIRC can make contract determinations setting minimum pay and conditions for courier drivers
- Courier drivers can collectively bargain for negotiated agreements with principal contractors
- Protections against unfair termination of courier service contracts, with reinstatement or compensation remedies
- Unfair contracts that are harsh, unconscionable or below minimum standards can be amended or voided by the QIRC
Workplace sexual harassment
Expands the QIRC's powers to deal with sexual harassment and sex or gender-based harassment in the workplace. Makes harassment a form of misconduct and broadens access to legal representation and injunctions for harassment matters.
- Sexual harassment and sex or gender-based harassment added as industrial matters under the IR Act
- Employers can summarily dismiss employees for sexual harassment without notice
- QIRC can grant injunctions and allow legal representation in harassment cases
- QIRC must consider whether a dismissed employee engaged in harassment when assessing unfair dismissal claims
Parental leave and employment standards
Modernises parental leave provisions to match federal standards, introduces gender-neutral language, and provides new entitlements for stillbirth, flexible parental leave, and adoption of older children.
- 30 days flexible unpaid parental leave that can be taken in broken periods within two years of a child's birth or adoption
- Birth-related leave extended to cover stillbirth from 20 weeks gestation
- Adoption and cultural parent leave age limit raised from 5 to 16 years
- Gendered terms like 'maternity leave' replaced with 'birth-related leave' throughout
- Evidence requirements for sick and carer's leave changed from doctor's certificate to evidence satisfying a reasonable person
Collective bargaining and equal remuneration
Strengthens gender pay equity in enterprise bargaining by requiring disclosure of pay gap data and ensuring agreements address equal remuneration in practice.
- Bargaining parties must obtain and disclose gender pay gap information early in negotiations
- Proposed agreements must set out how equal remuneration for work of equal or comparable value will be achieved
- Arbitration can be referred to a single commissioner with consent of all parties, streamlining the process
Registered organisation framework
Tightens rules around which organisations can represent workers' or employers' industrial interests, targeting unregistered entities that mislead people about their status.
- Civil penalties for entities that falsely claim the right to represent workers' or employers' industrial interests
- QIRC can declare entities ineligible for registration and prohibit them from representing people in industrial matters
- Incorporated associations with industrial purposes face additional scrutiny and potential cancellation of incorporation
- Only registered organisations can seek interpretation of industrial instruments on behalf of employees
Other changes
Includes several smaller reforms covering State Wage Case discretion, Queensland Health overpayment recovery, unpaid wages handling, and anti-discrimination interim orders.
- QIRC gains discretion to limit State Wage Case increases for awards that already received rate increases through other means
- Queensland Health-specific overpayment recovery provisions repealed, with existing written agreements protected
- Unpaid wages for employees whose whereabouts are unknown transferred from Magistrates Courts to the Public Trustee
- Interim order provisions re-inserted into the Anti-Discrimination Act 1991 for tribunal complaints
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 June 2022 – 27 Oct 2022View Hansard
Referred to Education, Employment and Training Committee
▸Second Reading26 Oct 2022 – 28 Oct 2022View Hansard
That the bill be now read a second time
Vote on whether to advance the Industrial Relations and Other Legislation Amendment Bill 2022 to consideration in detail. The bill reforms workplace sexual harassment protections, gig economy courier driver standards, and the registered organisations framework. Passed 49-35 with ALP and Greens supporting; LNP, KAP, PHON and Independent Bolton opposing.
The motion passed.
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Ayes (49)
Noes (35)
▸40 members spoke21 support18 oppose1 mixed
As Minister for Industrial Relations, defended the bill in reply, rebutting LNP claims about sexual harassment provisions and registered organisations framework, and moved government amendments during consideration in detail.
“This bill is a sensible bill. It makes sure that registered organisations take primacy. We make no apologies. I commend the bill to the House.”— 2022-10-28View Hansard
Continuing from the previous day, opposed the bill arguing it removes workers' freedom of choice about union representation and serves the interests of the Labor Party's union donors rather than workers.
“We would not be in this situation if the Red Union was giving resources to the Labor Party. If it was receiving resources, we would not be debating this legislation.”— 2022-10-27View Hansard
As Minister for Industrial Relations, moved the second reading and outlined the bill's implementation of all 40 recommendations from the five-year review of the IR Act, including protections against sexual harassment, pay equity, strengthened registered organisations framework, and minimum conditions for independent courier drivers.
“This bill will complete the Palaszczuk government's commitment to review the Industrial Relations Act 2016 five years after its commencement.”— 2022-10-26View Hansard
Strongly opposed the bill as amoral, dishonest and vindictive, arguing it was brought in at the unions' direction to shut down independent worker organisations. Described the Labor Party as owned by unions 'lock, stock and barrel'.
“I can probably count on one hand those pieces of legislation that come into this House that are amoral, dishonest, underhanded, shady and vindictive. I add this legislation to that list.”— 2022-10-27View Hansard
As committee chair, supported the bill and criticised the LNP's track record on industrial relations. Raised concerns about the transparency and structure of unregistered worker organisations like NPAQ.
“Their track record included wage freezes, the introduction of laws to stop the democratic right of unions to campaign on political issues, voting against labour hire laws, voting against paid domestic and family violence leave and voting against industrial manslaughter laws.”— 2022-10-26View Hansard
Opposed the bill, arguing it follows the LNP shadow IR minister's criticism and restricts workers' freedom to choose their representation.
“I rise to speak on the Industrial Relations and Other Legislation Amendment Bill 2022.”— 2022-10-27View Hansard
Strongly opposed the bill as a naked attempt to benefit the union movement at the expense of workers' freedom of association. Argued it prevents workers from choosing which organisations to join.
“It is the most naked example yet of the Labor Party having given up on ordinary Queenslanders and now feathering the nests of their paymasters in the union movement.”— 2022-10-26View Hansard
Supported the bill's commitment to transparent and effective representation of industrial interests, defending the distinction between registered and unregistered organisations and the government's record on workers' rights.
“Whether it is the prevention of sexual harassment in the workplace, paid domestic violence leave or more progress towards true gender equity in the workplace, there is only one party in this chamber that will stand up for the rights of workers.”— 2022-10-27View Hansard
Supported the bill as protecting workers by ensuring their representative organisations are properly registered and transparent. Criticised unregistered organisations like the Red Union Support Hub as fronts for private interests.
“It is only a real union if it is registered. That is the only way that it is a real union, and that is what is so important about this bill.”— 2022-10-26View Hansard
Opposed the bill, arguing the unions control the Labor Party and the legislation serves their interests rather than workers'. Explicitly stated the LNP would be opposing the bill.
“That is why we will be opposing this bill.”— 2022-10-27View Hansard
Welcomed the bill's sexual harassment protections but opposed the removal of gender-specific language from the Industrial Relations Act, describing it as part of a 'woke agenda'.
“Whilst the KAP does welcome some of the amendments in this legislation that offer genuine protection against sexual harassment, the KAP has a strong stance against the amendments that remove gender-specific language from the Industrial Relations Act.”— 2022-10-26View Hansard
As a former union official, commended the bill to the House for supporting effective representation by registered industrial organisations and maintaining the integrity of the registration framework.
“I start by commending the Industrial Relations and Other Legislation Amendment Bill to the House.”— 2022-10-27View Hansard
Strongly supported the bill, emphasising the importance of registered industrial organisations and criticising unregistered organisations that lack transparency and accountability. Celebrated his union membership.
“It is only a real union if it is registered. That is the only way that it is a real union, and that is what is so important about this bill.”— 2022-10-26View Hansard
Opposed the bill, arguing workers should have the right to choose their union or not, and that the legislation removes transparency and accountability. Criticised the CFMEU's actions and donations to Labor.
“We believe that workers have a right to choose their union, to belong to a union or not to. They should not be forced.”— 2022-10-27View Hansard
Opposed the bill as draconian and self-serving, arguing it removes workers' rights to choose which organisations represent them and is designed to benefit Labor-aligned unions at the expense of independent professional associations.
“This bill would have to be one of the most draconian, self-serving bills I have seen. It reeks of hypocrisy and self-interest.”— 2022-10-26View Hansard
Supported the bill, drawing on his experience encountering a disgruntled prison officer who set up a fake union to tout for a law firm, arguing the bill protects workers from such entities.
“I have been looking forward to speaking on this debate. Going back a good 12 to 15 years was when I first encountered a gentleman from the QPSU who was a disgruntled prison officer who set up his own scab union.”— 2022-10-27View Hansard
Opposed the bill arguing it removes workers' choice about union membership. Contrasted the current situation where a young nurse has three choices with the bill's effect of removing that choice.
“After this legislation, if passed, that young nurse just starting will not have a choice.”— 2022-10-27View Hansard
Supported the bill, reflecting on the importance of union representation in protecting workers' rights drawing on personal experience of his late father's career.
“I want to reflect on the day that my late father retired. My late father had achieved much in his working career.”— 2022-10-27View Hansard
Strongly opposed the bill as being against workers, equality and democracy, arguing it reeks of hypocrisy and self-interest and cannot in good conscience be passed. Acknowledged the admirable sexual harassment amendments but found the rest reminiscent of the 1950s.
“This bill and this government are against workers, equality and our great democracy.”— 2022-10-27View Hansard
Supported the bill's commitment to transparent and effective representation by registered industrial organisations like the Queensland Teachers' Union.
“The Palaszczuk government is committed to the transparent and effective representation of industrial interests within Queensland's industrial relations system.”— 2022-10-27View Hansard
Acknowledged some sound parts of the bill particularly regarding sexual harassment, but wished it had been split so sensible aspects could be supported separately. Overall opposed due to the union registration provisions.
“I, like others on our side of the House, hoped this bill would be presented to House in a couple of different sections so we could support some very sensible aspects of the bill and criticise others.”— 2022-10-27View Hansard
Spoke in support as a proud union member, declaring membership of the United Workers Union and the Plumbing and Pipe Trades Employees Union, and formerly the Queensland Police Union.
“I rise to speak in support of the Industrial Relations and Other Legislation Amendment Bill 2022. From the outset, I would like to declare that I am a member of a union—the mighty United Workers Union.”— 2022-10-27View Hansard
Spoke in support of the bill, noting its objectives to implement the Five-year review of Queensland's Industrial Relations Act.
“I rise to speak in support of the Industrial Relations and Other Legislation Amendment Bill 2022.”— 2022-10-27View Hansard
Explicitly opposed the bill on behalf of the KAP, supporting sexual harassment protections but strongly opposing the removal of gendered language (replacing 'maternity' with 'birth-related') and restrictions on independent unions. Argued good unions don't need this legislation.
“We will be opposing this bill.”— 2022-10-27View Hansard
Spoke in support, particularly welcoming provisions around independent courier drivers which give the QIRC power to set minimum pay and conditions for gig economy workers.
“I rise to speak on this bill, particularly the provisions around independent courier drivers. These are very welcome provisions.”— 2022-10-27View Hansard
Described the legislation as 'a complete and utter abomination' that takes away workers' fundamental right to choose who represents them. Encouraged workers to join independent unions like TPAQ and NPAQ.
“I cannot believe how appalled I am at this legislation, which is nothing short of a complete and utter abomination.”— 2022-10-27View Hansard
Supported the bill as a proud member of the Together union, a registered trade union that fights for workers' rights under the Industrial Relations Act.
“I rise to support the Industrial Relations and Other Legislation Amendment Bill 2022. I start my contribution by saying that I am a proud member of the Together union.”— 2022-10-27View Hansard
Spoke in support as a member of the UFU and TWU, noting the bill would provide necessary amendments following the Five-year review of the IR Act.
“I rise to speak on the Industrial Relations and Other Legislation Amendment Bill 2022. I will make the disclosure that I am a member of the UFU and the TWU.”— 2022-10-27View Hansard
Argued this bill represents the 25 per cent of legislation where party ideology matters, and opposed the provisions restricting independent worker representation.
“Most of the bills that come in here—probably 75 per cent because of the nature of state government being fundamentally a service delivery entity—deal with housekeeping.”— 2022-10-27View Hansard
Described aspects of the bill as the most egregious legislation he had seen in 10.5 years in parliament, and expressed he wished Queensland had an upper house to block such radical legislation.
“I am sad to say that aspects of this bill are the most egregious I have seen in the last 10 and a half years. It is at times like this that I wish Queensland had an upper house.”— 2022-10-27View Hansard
Spoke in support of the bill, beginning her contribution with historical observations about the importance of industrial relations reform.
“I rise to speak to this bill and I want to begin my contribution with an observation.”— 2022-10-27View Hansard
Welcomed the opportunity to speak on the bill and supported every single aspect and element. Proudly noted that unions built the Labor Party.
“I very much welcome the opportunity to speak on this bill and support every single aspect and element of the bill before us today.”— 2022-10-27View Hansard
Supported the sexual harassment workplace protections but opposed the rest of the bill, particularly the provisions restricting independent unions which he argued created monopolies.
“First and foremost I would like to say that we support the sexual harassment workplace protections contained in this bill.”— 2022-10-27View Hansard
Spoke as a proud member of the Electrical Trades Union, supporting the bill and expressing thanks for the reforms.
“I rise today as a proud member of this parliament and of the mighty Electrical Trades Union—a union that does represent workers and has represented me for most of my working life.”— 2022-10-27View Hansard
Opposed the bill, agreeing sexual harassment provisions were needed but arguing the bad things far outweigh the good, describing some provisions as 'absolutely abhorrent'.
“As this government tends to do, there are some good things in this bill, but the bad things far outweigh those. In fact, some of the things in this bill are just absolutely abhorrent to me.”— 2022-10-27View Hansard
Spoke in support and praised the minister's dedication to workers' rights over a 30-year career.
“I rise in support of the Industrial Relations and Other Legislation Amendment Bill 2022. There is no-one in this chamber more dedicated to workers' rights than the minister.”— 2022-10-27View Hansard
Opposed the bill as making it virtually impossible for independent unions to represent their members, and opposed the removal of gendered language ('maternity' replaced with 'birth-related') as dehumanising and an affront to women.
“That is why I do not support the bill.”— 2022-10-27View Hansard
Supported the workplace sexual harassment provisions but opposed the bill overall, arguing the government had banned unions that oppose the established union movement's dominance.
“I rise to support this bill on workplace sexual harassment, which is a very important part of the bill.”— 2022-10-27View Hansard
Declared membership of the Queensland Teachers' Union and United Workers Union and spoke in support of the bill.
“I declare that I am a member of the Queensland Teachers' Union and also a member of the United Workers Union—two great unions.”— 2022-10-27View Hansard
As the final speaker before the minister's reply, spoke with great pleasure in support of the bill, rebutting opposition arguments heard throughout the debate.
“It is with great pleasure that I rise to speak in support of this bill. I have been looking forward to this night for a very long time.”— 2022-10-27View Hansard
▸In Detail28 Oct 2022View Hansard
Amendment to add '(Union Payback)' to the short title of the bill, characterising the legislation as payback for union support of the Labor Party.
That the amendment be agreed to
Vote on LNP amendment moved by Mr Bleijie to add '(Union Payback)' to the bill's short title, characterising the bill as payback for union support of the Labor Party. Defeated 31-50 with only LNP voting in favour.
The motion was defeated.
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Ayes (31)
Noes (50)
Amendment to extend domestic and family violence leave entitlements to include casual employees, removing the previous exclusion of casual workers from these provisions.
Amendment to section 529 to restrict representation in industrial tribunal proceedings. Parties may be represented by lawyers (with leave), organisation employees/officers, or agents with leave, but not by persons who charge fees or act for entities that purport to represent industrial interests without being registered organisations.
Amendment to section 530A regarding representation in public service appeals, simplifying the provisions so parties can appear personally or be represented under section 529, but not by a lawyer unless the lawyer is an employee or officer of the party or organisation.
Transitional provision for existing agent appointments to continue in proceedings that had not ended before the commencement of the new representation rules.
Amendment inserting section 406ZZG to specifically authorise courier service contracts, contract determinations and negotiated agreements for the purposes of the Competition and Consumer Act 2010, to ensure the new courier driver framework does not contravene competition law.
Amendment to clause 75 regarding applications for incorporation, requiring a statutory declaration stating whether the association has an industrial purpose.
Technical amendment to clause 85 correcting a cross-reference from section 9(3)(c) to section 9(4) in the transitional provisions.
As shadow IR minister, moved amendment to rename the bill 'Union Payback' and argued it denies nurses and teachers the choice to join alternative advocacy associations, forcing them into Labor-aligned unions.
“It is about, first, denying teachers, nurses and other professionals the choice to join an advocacy association of their choosing; and, secondly, it is to continue to line Labor pockets by the Labor-aligned unions in Queensland.”— 2022-10-28View Hansard
Argued the bill represents corruption and serves a 'love triangle' between the parliamentary Labor Party, unions and the Industrial Relations Commission, removing freedom of choice for workers.
“Every person has a right to be represented by whom they wish to be represented by.”— 2022-10-28View Hansard
Supported the LNP amendment to rename the bill, arguing it was union payback for favours done by unions for Labor members.
“There is no doubt that the unions have twisted the arm of the government to put this in place. This is paying back the favours that the unions have done for these members.”— 2022-10-28View Hansard
Argued the bill removes choice for workers who do not want to join Labor-aligned unions, calling it draconian legislation.
“What do you do if you are a nurse or a teacher and you do not want to join the Labor Party aligned union?”— 2022-10-28View Hansard
▸Third Reading28 Oct 2022View Hansard
That the bill, as amended, be read a third time
Final passage vote on the Industrial Relations and Other Legislation Amendment Bill 2022, as amended with government amendments on domestic and family violence leave, representation in proceedings, courier service competition authorisation, and incorporated association requirements. Passed 49-35 with the same voting pattern as the second reading.
The motion passed.
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Ayes (49)
Noes (35)
Assent date: 14 September 2020