Industrial Relations and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill overhauls Queensland's industrial relations laws following a five-year review. It strengthens workplace sexual harassment protections, introduces minimum pay and conditions for independent courier drivers, updates parental leave to include stillbirth leave and flexible leave options, and requires gender pay gap disclosure during enterprise bargaining.
Who it affects
Queensland state system workers gain better leave entitlements and sexual harassment protections. Independent courier drivers — including food delivery and parcel delivery riders — will for the first time have access to minimum pay and conditions, once a Commonwealth exemption is obtained.
Key changes
- Independent courier drivers gain minimum pay, unfair contract protections, and unfair termination remedies through a new QIRC jurisdiction (commences once Commonwealth exemption is obtained)
- Sexual harassment is added as a ground for summary dismissal and the QIRC can now deal with workplace sexual harassment complaints directly
- Parents get 30 days flexible unpaid parental leave that can be taken in broken periods within two years of a child's birth or adoption
- Stillbirth leave entitlements are introduced so both parents can access the same leave as if the child had been born living
- Bargaining parties must disclose gender pay gap data early in negotiations and show how equal remuneration will be achieved
- Only registered industrial organisations can represent workers' industrial interests, with civil penalties for misrepresentation by unregistered bodies
- Adoption-related leave age limit raised from 5 to 16 years, and sick leave evidence requirements relaxed to 'evidence that would satisfy a reasonable person'
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 June 2022View Hansard
Referred to Education, Employment and Training Committee
The Education, Employment and Training Committee examined the Industrial Relations and Other Legislation Amendment Bill 2022 and recommended it be passed. The bill implements 31 of 40 recommendations from the Five-year Review of Queensland's Industrial Relations Act 2016. The committee was broadly supportive, finding the bill would help achieve a fair and balanced industrial relations framework. The committee also recommended the Minister investigate fee-charging agents providing representation in the Queensland Industrial Relations Commission.
Key findings (5)
- The bill implements 31 of the 40 recommendations from the Five-year Review of Queensland's Industrial Relations Act 2016 Final Report
- The committee was broadly supportive and found the bill would help achieve the primary objectives of the Industrial Relations Act, supporting high quality services, economic prosperity and social justice
- The bill strengthens protections against workplace sexual, sex and gender-based harassment, consistent with the Respect@Work Report recommendations
- Changes to the registered employee and employer organisations framework raised fundamental legislative principle concerns, as they limit the entities available to represent a person's industrial interests
- The committee identified concerns about agents charging fees for representation in the Queensland Industrial Relations Commission
Recommendations (2)
- The committee recommends the Industrial Relations and Other Legislation Amendment Bill 2022 be passed.
- The committee recommends that the Minister for Education, Minister for Industrial Relations and Minister for Racing investigate options for addressing the issue of agents who charge a fee to provide representation in the Queensland Industrial Relations Commission (and the Industrial Court).
Committee report tabled
▸Second Reading26 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. The LNP, KAP, PHON and Independent Bolton opposed.
The motion passed.
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Ayes (49)
Noes (35)
▸49 members spoke27 support20 oppose2 mixed
As Minister for Industrial Relations, defended the bill in reply, rebuking the opposition for misrepresenting the sexual harassment provisions and the registered organisations framework, and accusing opponents of having LNP-linked political motivations.
“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
Opposed the bill as an attack on workers' freedom to choose their own union representation, arguing it would eliminate non-Labor-aligned unions and harm hospitality businesses reliant on delivery drivers.
“This bill is a bridge too far and I ask all members to vote it down.”— 2022-10-27View Hansard
As Minister for Industrial Relations, introduced the bill implementing 31 recommendations from the five-year review of the IR Act, covering workplace sexual harassment protections, courier driver minimum conditions, parental leave modernisation, and strengthening the registered organisations framework.
“Every worker has the right to earn a living without being sexually harassed. The reality for many workers, however, is quite the opposite.”— 2022-10-26View Hansard
Supported the bill as necessary to ensure organisations representing workers meet the same transparency and accountability standards as registered unions, criticising red unions for lacking governance and transparency.
“This is all about making sure that those organisations that purport to represent members industrially have the same obligations as every other union.”— 2022-10-27View Hansard
Supported the sexual harassment amendments but strongly opposed the bulk of the bill, arguing it is designed to entrench a Labor-aligned union monopoly and deny workers the choice of representation by unregistered organisations like NPAQ and TPAQ.
“The amendments contained in this bill with respect to workplace harassment are admirable and we support those amendments, but make no mistake, most of the amendments in this bill are driven by pure politics, an ideological obsession and a hate for competition.”— 2022-10-26View Hansard
Strongly opposed the bill as amoral, dishonest and vindictive, arguing it removes workers' choice of representation and is designed solely to protect union donations to the Labor Party.
“This is a further indication that the Palaszczuk Labor government is completely owned, completely infiltrated and completely at the service of the unions in this state.”— 2022-10-27View Hansard
As committee chair, supported the bill and highlighted the lack of transparency and accountability in unregistered organisations like NPAQ, contrasting them with registered unions subject to rigorous oversight.
“When people join a registered industrial organisation, they need to know that it is transparent, accountable, it has information that can be found, it is registered and there is a rigorous process.”— 2022-10-26View Hansard
Supported the bill as continuing Queensland's nation-leading reforms to protect workers, praising provisions on gender pay equity, parental leave, and cracking down on unregistered organisations that trade in the shadows.
“Let the record forever show that the Liberal National Party came into this House as part of this debate and advocated for organisations that trade in the shadows.”— 2022-10-27View Hansard
Supported the sexual harassment provisions but characterised the rest of the bill as payback for the union movement. Argued workers should have the right to choose who represents them and criticised the bill for removing that choice.
“No-one will be able to explain why somebody having a choice to embark on a similar experience with a multitude of different people representing them is in any way, shape or form wrong or why it matters who represents a worker in the QIRC.”— 2022-10-26View Hansard
Opposed the bill as based on a flawed review led by Labor-aligned reviewers, arguing it is an attack on democracy that outlaws red unions and forces workers to join Labor-aligned unions at higher cost.
“The bill is an attack on democracy as it seeks to outlaw employer organisations—red unions—that do not support the ALP either financially or otherwise.”— 2022-10-27View Hansard
Supported the bill across all four key areas: sexual harassment protections, employment standards improvements, courier driver protections and strengthening the registered organisations framework.
“This bill makes clear the distinction between registered industrial organisations, which represent the industrial interests of employers and employees, and other entities that are not registered under the IR Act and cannot properly represent workers' industrial interests.”— 2022-10-26View Hansard
Supported the bill's protections for workers against predatory unregistered organisations, arguing red unions are deliberately opaque, driven by greed and designed to attack proper unions and collective power of working people.
“These red unions work hand in glove with the LNP. Their hierarchy has strong connections with the LNP. Their predatory model is basically a ponzi scheme.”— 2022-10-27View Hansard
Strongly opposed the bill as a naked example of the Labor Party legislating for its union donors to the disadvantage of their competitors, calling it the most wanton attack on freedom of association.
“This is such a wanton and naked attack on the rights and freedoms of people to truly associate as they wish, motivated by the avaricious instincts of the Labor politicians involved and the union movement that supports them.”— 2022-10-26View Hansard
Opposed the bill as an attack on workers' right to choose their industrial representation, noting the review was biased and the government is completely conflicted given union control over Labor Party preselection and funding.
“Sexual harassment has no place in the workplace... We support this section of the bill but, as stated by the shadow minister, we will be opposing this bill because of its attack on a worker's right to choose who represents them.”— 2022-10-27View Hansard
Supported the bill, highlighting evidence from the committee inquiry showing the Red Union Support Hub is a private commercial entity rather than a genuine worker representative organisation. Also praised reforms to parental leave and sexual harassment protections.
“Could you imagine a clearer statement about the murky relationship between these fake unions and a private interest shareholder entity?”— 2022-10-26View Hansard
Supported the bill as necessary to stamp out fake unions that exploit workers, praised the gender pay equity and parental leave provisions, and supported extending domestic and family violence leave protections.
“These organisations are just shonky businesses and they are a stain on our society, and I am proud to vote for reforms that will scrub them from existence.”— 2022-10-27View Hansard
Welcomed the sexual harassment protections but opposed the bill overall, particularly the removal of gender-specific language and the provisions targeting unregistered unions. Argued workers should have choice of representation.
“The objective of the bill is to push out non-Labor aligned unions to ensure that they do not have the ability to represent workers through the Industrial Relations Act.”— 2022-10-26View Hansard
Opposed the bill as a slush fund mechanism for the Labor Party, arguing it removes workers' right to choose alternative unions and entrenches government power through distorted donation and campaign rules.
“We believe that workers have a right to choose their union, to belong to a union or not to. They should not be forced, through a lack of choice, to only be able to have a union that is aligned to, or that is predominantly donating to, the Labor Party.”— 2022-10-27View Hansard
Strongly supported the bill, arguing unregistered organisations like NPAQ and TPAQ cannot legally represent workers in enterprise bargaining or the Industrial Commission, and are misleading their members about the services they can provide.
“You are not a union if you cannot negotiate at an EBA. You can provide advice. What good is advice?”— 2022-10-26View Hansard
Supported the bill as defending workers' right to organise through proper unions, arguing red unions are privately owned entities set up for profit, lacking democratic structures and accountability.
“Whatever sneaky, underhanded mechanisms those opposite come up with to try to smash unions, the Labor Party will be there, supported by our good friends in the union movement, resisting those scrofulous attempts.”— 2022-10-27View Hansard
Strongly opposed the bill as one of the most draconian and self-serving bills he has seen, arguing it pays back union masters by denying workers the right to choose their representative organisation.
“A worker has the right to join a professional organisation that will best represent them.”— 2022-10-26View Hansard
Strongly opposed the bill as the most draconian legislation in her 10 years in parliament, arguing it strips freedom of choice from nurses and teachers and is driven by the Labor Party's need to protect union revenue.
“Because the Labor Party do not wish to give that choice any longer, they have brought in the most draconian, terrible piece of legislation that I have ever seen come through this House in the 10 years I have been here.”— 2022-10-27View Hansard
Supported the bill, focusing on the need to protect gig economy courier drivers from exploitative conditions, highlighting how companies hide real costs from workers and shift costs to taxpayers.
“Almost all of these companies are multinational companies that seek to introduce new technology. I do not see that their aim is to improve productivity; often they are there to get around regulation.”— 2022-10-27View Hansard
Opposed the bill as anti-democratic and draconian, arguing it entrenches Labor-aligned union monopoly, removes workers' freedom of association, and cynically bundles sexual harassment provisions to shield the real intent.
“It seeks to outlaw those unions that do not support the Australian Labor Party. This means non-ALP aligned employee organisations, or red unions, would not be able to represent workers in industrial relations matters. This is completely and utterly disgraceful.”— 2022-10-27View Hansard
Supported the bill as a proud 27-year QTU member, arguing red unions like TPAQ are politically aligned far-right organisations that peddle misinformation and cannot properly represent workers' industrial interests.
“If you want to call yourself a union, then be a union. Be transparent about your membership and what you do with members' money.”— 2022-10-27View Hansard
Acknowledged the bill's merit on sexual harassment protections but opposed it overall for destroying workers' right to choose their own representation, arguing the bill protects union revenue flowing to the Labor Party.
“Freedom of choice is a fundamental value of the Australian landscape, and this government in Queensland is fundamentally destroying democracy for those who wish to choose their own representation.”— 2022-10-27View Hansard
Supported the bill with particular focus on the sexual harassment provisions, drawing on her personal experience of workplace harassment in the Queensland Police Service and welcoming the power to summarily dismiss perpetrators.
“Dismissal is an option—so bad, so sad, bye-bye, and good riddance I say. They are dangerous in the workplace, they are dangerous to productivity and they are dangerous to everyone else in the workplace.”— 2022-10-27View Hansard
Supported the bill while criticising both Labor and the LNP on workers' rights, welcoming sexual harassment protections, courier driver conditions and gender inclusive language, but warning against restricting how workers can organise.
“The red unions are no friends of Queensland workers. As others have well outlined in this chamber, they have made little to no attempt to do the things that a pro-worker union would do.”— 2022-10-27View Hansard
Supported the bill as implementing the recommendations of the five-year review, highlighting provisions on sexual harassment, gender pay equity, parental leave and regulation of unregistered organisations.
“The committee was broadly supportive of the bill and believes it will help to achieve the primary objectives of the Industrial Relations Act, providing for a framework for cooperative industrial relations that is fair and balanced.”— 2022-10-27View Hansard
Opposed the bill, criticising the removal of gendered language and the attempt to prevent new unions from forming, while acknowledging the power of the union movement in holding governments accountable.
“Now we seem to be arguing over a bill that is seeking to stop new unions from forming in exactly the same way they were formed nearly two centuries ago.”— 2022-10-27View Hansard
Supported the bill with particular focus on the independent courier driver provisions, citing evidence that the New South Wales model reduced fatal accidents and arguing the bill would provide safer roads and better jobs.
“At the moment in Queensland, sadly, many independent couriers have to make the choice between operating unsafely and going insolvent.”— 2022-10-27View Hansard
Strongly opposed the bill as reducing workers' rights, arguing the Red Union has far more matters before the QIRC than registered unions and that the bill creates a monopoly preventing workers from choosing their own representation.
“Never did I think I would see the day when the Labor Party introduced legislation that blatantly reduces the rights of workers in Queensland, but here we are.”— 2022-10-27View Hansard
Supported the bill as a proud Together union member, emphasising the sexual harassment provisions and the need for transparency and accountability from organisations claiming to represent workers.
“Why are they taking money from their members when they have no authority under the IR Act to do anything other than campaign on behalf of the LNP against the trade union movement and the Labor government?”— 2022-10-27View Hansard
Opposed the bill because it removes choice for Queensland workers by effectively abolishing new independent employee organisations while existing registration rules prevent new unions from registering in the same industry.
“Unions should not be monolithic, as with any form of representation. You would not want just one political party as your only choice. There has to be room for diversity, different viewpoints and offerings.”— 2022-10-27View Hansard
Supported the bill, arguing red unions are LNP-backed organisations that spread anti-vaccination misinformation and undermine genuine worker protections, and praising the sexual harassment and courier driver provisions.
“Red unions are not representative of Queensland's workers; they are representatives of the Liberal National Party which has been hostile to Australian workers since its inception.”— 2022-10-27View Hansard
Opposed the bill as a financial gerrymander that tilts the industrial relations balance in favour of unions at the expense of worker choice, while acknowledging the sexual harassment provisions have merit.
“At the end of the day I fundamentally believe that that collectivism is trumped by choice.”— 2022-10-27View Hansard
Supported the bill as a proud union member, arguing registered organisations must meet rigorous transparency standards while unregistered associations should not misrepresent their status to workers.
“If you listened to the LNP, you would have to wonder what genuine unions have ever done for Queenslanders. Let me tell the House what unions have done.”— 2022-10-27View Hansard
Strongly opposed the bill as the most egregious legislation in his 10 years in parliament, arguing it strikes at freedom of association and represents the closest the state will come to institutionalised corruption.
“The goal of wiping out unions that compete against those that support the Labor Party strikes at the very heart of our democracy.”— 2022-10-27View Hansard
Supported the bill with focus on the sexual harassment and employment standards provisions, praising the alignment of definitions with the Sex Discrimination Act and the extension of parental leave including for stillbirth.
“The Palaszczuk government has no tolerance for sexual harassment in the workplace. We expect workers to be able to work free of discrimination or harassment.”— 2022-10-27View Hansard
Supported the bill drawing on his 20-year experience as an ambulance union delegate, recounting how non-registered associations tried to divide paramedics during the Newman era and failed to properly represent workers.
“Our unions represent the workers of this state. It is clear the associations are nothing more than a pretend—and I cannot believe some of the contributions I have heard from the other side when they call them unions.”— 2022-10-27View Hansard
Opposed the bill as monopolistic control that restricts workers' freedom of association and choice of representation, arguing it serves to funnel money from union fees back to the Labor Party.
“This is not about protecting workers' rights; this is about the government feathering its nest.”— 2022-10-27View Hansard
Supported the bill as a proud ETU member, arguing red unions are dangerously misleading workers about their representation capabilities and supporting penalties for misrepresentation of registration status.
“To claim it is not political—oh please! Come on! These fake unions have done little else but attack our government since their formation.”— 2022-10-27View Hansard
Opposed the bill's IR changes as abhorrent, arguing red unions are doing a better job of representing workers than Labor-aligned unions, which is why people are leaving established unions in droves.
“It is quite clear that the red unions have been doing a far better job than some of the Labor aligned unions. That is why people have been leaving in droves and signing up with these guys.”— 2022-10-27View Hansard
Supported the bill as a proud Together union member, arguing the red unions have no transparent governance or democratic elections and operate like a Ponzi scheme with an opaque organisational structure.
“It is not a union. We know that it is an association. We know that they say they are unions but they are not. They have no power to represent workers in the IRC.”— 2022-10-27View Hansard
Opposed the bill as ending freedom of association in Queensland, arguing independent unions were the only ones that helped workers facing unfair dismissal during vaccine mandates and that gig economy provisions are government overreach.
“If passed, the bill will end the right to freedom of association in Queensland.”— 2022-10-27View Hansard
Opposed the bill as banning reasonable alternatives to unions to protect the union movement's cash cow, arguing every government member has a material interest in voting for it due to their union affiliations.
“I will oppose this bill on the basis that it denies teachers the democratic right to choice.”— 2022-10-27View Hansard
Supported the bill as a QTU and United Workers Union member, focusing on the sexual harassment provisions and modernising workplace attitudes, and defending regional health workers against being called duds.
“We no longer pigeonhole ourselves into gender specific roles at work or at home.”— 2022-10-27View Hansard
Supported the bill, arguing the LNP never changed the 'conveniently belong' rule when in power because their opposition is not about choice, and that unregistered associations bypass the transparency requirements of the IR Act.
“Why should we separate an industrial relations change out of an industrial relations bill? It is a ridiculous notion that somehow we should pause sexual harassment and separate it out of the bill.”— 2022-10-27View Hansard
As minister in reply, defended the bill as maintaining the long-standing primacy of registered industrial organisations in Australia's IR system, criticising the opposition for making baseless accusations against legitimate unions.
“There are two things you do here. You either say the primacy is registered organisations, which has been the case in this country for generations, or you say it is a free-for-all. You cannot have both.”— 2022-10-27View Hansard
▸In Detail26 Oct 2022 – 28 Oct 2022View Hansard
Amendment to add '(Union Payback)' to the short title of the bill, characterising the legislation as payback to unions for their 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 section 52 of the IR Act to extend domestic and family violence leave entitlements to include casual employees, by changing 'other than' to 'including' in the eligibility provision.
Amendment to section 529 of the IR Act to regulate representation of parties in QIRC proceedings, preventing fee-charging agents from entities purporting to represent industrial interests of employees or employers (unless they are registered organisations) from appearing without leave.
Amendment to section 530A regarding representation in public service appeals, aligning with the new section 529 framework.
Transitional provision for existing agent appointments to continue in ongoing proceedings that commenced before the new representation rules took effect.
Insertion of section 406ZZG providing competition law authorisation for courier service contracts, contract determinations and negotiated agreements under the new courier driver framework.
Amendment to clause 75 requiring a statutory declaration stating whether an association has an industrial purpose when applying for incorporation under the Associations Incorporation Act.
Technical amendment correcting a cross-reference in the transitional provisions from section 9(3)(c) to section 9(4).
Opposed the bill across multiple stages, moving an amendment to add 'Union Payback' to the title, criticising the gender-neutral language replacing 'maternity leave', and arguing the registered organisations framework denies nurses and teachers the choice to join alternative associations.
“A 23-year-old nurse struggling with the cost of living brought about by the Palaszczuk Labor government in Queensland wants to go from the QNMU to another organisation to save money. That organisation goes to the Queensland Industrial Relations Commission for registration, and the commissioner says, 'I have to look at section 608(1)(b)(ii) of the act.'”— 2022-10-28View Hansard
Opposed the bill, characterising it as corruption that benefits the unions that fund the Labor Party, arguing it removes freedom of choice for workers to be represented by alternative organisations.
“I say it again that it is sheer corruption that those who receive benefits from the unions should legislate not only for those unions but also to the disadvantage of their competitors.”— 2022-10-28View Hansard
Supported the LNP amendment to rename the bill 'Union Payback', arguing the bill was quid pro quo for union support of Labor MPs' elections and preselections.
“It is quid pro quo. These members are doing the bidding of their union masters and this is union payback for those favours.”— 2022-10-28View Hansard
Opposed clause 51 of the bill as draconian, arguing it removes the right of nurses and teachers to choose their representative organisation and forces workers 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
▸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.
The motion passed.
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Ayes (49)
Noes (35)
Assent date: 14 September 2020
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards