Industrial Relations and Other Legislation Amendment Bill 2022
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Education, Employment and Training Committee
That the bill be now read a second time
Vote on whether to advance the Industrial Relations and Other Legislation Amendment Bill to the committee stage. Passed 49-35 with government and Greens supporting, LNP, KAP, PHON and Independent opposing.
The motion passed.
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Ayes (49)
Noes (35)
▸17 members spoke7 support10 oppose
As Minister, strongly defended the bill in reply, attacking opposition claims as 'falsehoods' and emphasising sexual harassment protections, courier jurisdiction and registered organisation requirements.
“These are nation-leading changes and go beyond the recommendations of the Respect@work report which the previous federal LNP government completely ignored.”— 2022-10-28View Hansard
Opposed the bill, arguing it restricts worker choice and freedom of association.
“Workers should have the right to choose who represents them.”— 2022-10-27View Hansard
Supported the bill's provisions on sexual harassment protections, parental leave reforms, and requirements for registered organisations.
“The amendments in the bill send a strong message to all Queensland workers that sexual harassment and sex- or gender-based harassment in the workplace is unacceptable and will not be tolerated.”— 2022-10-26View Hansard
Strongly opposed the bill, calling it amoral, dishonest, underhanded, shady and vindictive, arguing the Labor Party is owned by unions.
“This legislation is amoral, dishonest, underhanded, shady and vindictive. It needs to be thrown out.”— 2022-10-27View Hansard
Supported the bill's industrial relations reforms and registered organisation requirements.
“These reforms strengthen protections for Queensland workers.”— 2022-10-26View Hansard
Strongly supported the bill as continuing Labor's nation-leading reforms to protect workers, emphasising gender pay gap provisions and accountability for organisations.
“This is another important chapter in Queensland's nation-leading reforms to protect Queensland workers.”— 2022-10-27View Hansard
Opposed the bill, arguing it restricts workers' freedom of association and choice of representation.
“Workers should have the right to choose who represents them.”— 2022-10-26View Hansard
Opposed the bill, arguing it restricts workers' freedom to choose representation.
“Workers should be able to choose who represents them.”— 2022-10-27View Hansard
Supported the bill's reforms to registered organisations and worker protections.
“These changes ensure accountability and transparency in industrial representation.”— 2022-10-26View Hansard
Supported the bill's provisions for worker protections and registered organisation accountability.
“These reforms strengthen protections for working Queenslanders.”— 2022-10-27View Hansard
Opposed the bill, raising concerns about restrictions on worker choice and representation.
“Workers should be able to choose who represents their interests.”— 2022-10-26View Hansard
Opposed the bill, raising concerns about restrictions on worker choice.
“Workers deserve freedom of choice.”— 2022-10-27View Hansard
Supported the bill's industrial relations reforms and worker protections.
“These reforms are important for Queensland workers.”— 2022-10-26View Hansard
Opposed the bill, particularly provisions affecting nurses' choice of representation.
“Nurses should be able to choose their own representation.”— 2022-10-27View Hansard
Opposed the bill, arguing it restricts freedom of association.
“Workers deserve the freedom to choose their representation.”— 2022-10-26View Hansard
Opposed the bill, arguing it restricts worker choice and freedom of association.
“Workers should have the freedom to choose who represents their interests.”— 2022-10-27View Hansard
Opposed the bill, arguing it restricts freedom of association.
“This bill is an attack on workers' freedom.”— 2022-10-27View Hansard
That the amendment be agreed to
Vote on LNP amendment to add '(Union Payback)' to the bill's short title. Defeated 31-50 with only LNP voting in favour.
The motion was defeated.
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Ayes (31)
Noes (50)
Strongly opposed the bill, arguing it denies teachers and nurses choice in union membership and is 'union payback' for the Labor Party.
“This 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
Opposed the bill, arguing it takes away freedom of choice for workers and benefits Labor-aligned unions through what he characterised as a corrupt system.
“Every person has a right to be represented by whom they wish to be represented by.”— 2022-10-28View Hansard
Opposed the bill as union payback for favours unions have done for Labor members.
“There is no doubt that the unions have twisted the arm of the government to put this in place.”— 2022-10-28View Hansard
Opposed the bill as taking away choice from workers who do not wish to join Labor-aligned unions.
“What the government is doing is making one category, and you can only be in that category if you are happy for your union dues to go directly to the coffers of the Queensland Labor Party.”— 2022-10-28View Hansard
That the bill, as amended, be read a third time
Final vote on passing the Industrial Relations and Other Legislation Amendment Bill. Passed 49-35 with government and Greens supporting.
The motion passed.
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Ayes (49)
Noes (35)
Assent date: 14 September 2020
Plain English Summary
Overview
This bill implements major reforms to Queensland's industrial relations system following a five-year review. It strengthens workplace sexual harassment protections, creates a framework for minimum standards for gig economy courier drivers, modernises parental leave, and enhances equal remuneration requirements in enterprise bargaining.
Who it affects
Workers experiencing harassment gain new protections, new parents get more flexible leave options, and gig economy couriers may gain minimum pay standards. Employers face new disclosure requirements around gender pay gaps.
Workplace sexual harassment protections
Sexual harassment is now explicitly part of the IR Act's purpose, giving the Queensland Industrial Relations Commission power to deal with complaints and issue stop orders. Harassment becomes grounds for summary dismissal.
- QIRC can now hear and determine sexual harassment complaints
- Sexual harassment is misconduct allowing immediate dismissal
- Employees can seek stop harassment orders through the industrial system
- Legal representation allowed in harassment matters
Parental leave modernisation
Parents gain more flexibility with 30 days of unpaid leave that can be taken in broken periods over two years. The bill also recognises stillbirth for leave purposes and extends adoption leave to children up to 16 years old.
- 30 days flexible unpaid parental leave available in broken periods
- Stillbirth now triggers parental leave entitlements
- Adoption and cultural parent leave extended to children up to 16 years
- Gendered terms like 'maternity leave' replaced with 'birth-related leave'
Gig economy courier driver protections
Creates a new framework for the QIRC to set minimum pay and conditions for independent courier drivers, including food delivery riders. Includes unfair termination protections and collective bargaining rights. Requires Commonwealth approval to take effect.
- QIRC can make contract determinations setting minimum pay for couriers
- Courier drivers can negotiate collective agreements with platforms
- Unfair termination protections including reinstatement or compensation
- Awaits Commonwealth exemption from Independent Contractors Act before commencing
Equal remuneration and gender pay gap
Strengthens requirements for parties in enterprise bargaining to address equal remuneration and disclose gender pay gap information during negotiations.
- Parties must disclose gender pay gap data early in bargaining
- Certified agreements must explain how equal remuneration will be achieved
- QIRC must be satisfied agreements meet equal remuneration test
Registered organisations framework
Clarifies that only registered employee and employer organisations can represent workers' industrial interests. Creates penalties for entities that misrepresent their status or pretend to be unions.
- Civil penalties for falsely claiming the right to represent workers
- QIRC can declare entities ineligible for registration
- Incorporated associations posing as unions can have registration cancelled
- New objection process when associations with industrial purposes seek incorporation