Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill undoes industrial relations changes made by the previous government in 2012 and 2013 that reduced workplace conditions and union rights in Queensland's state system. It restores the independence of the Queensland Industrial Relations Commission, brings back union right of entry without notice, and removes restrictions on what can be included in workplace awards and agreements.
Who it affects
Queensland public sector workers, their unions, and state system employers including the Queensland Government, public hospitals, schools and local councils. Private-sector employees covered by the federal Fair Work Act are not affected.
Key changes
- Union officials can again enter workplaces during business hours without giving advance notice to inspect pay records and speak with members
- The Queensland Industrial Relations Commission no longer has to consider the State's financial position when arbitrating wages
- The ban on 'non-allowable' content in awards and agreements is abolished, letting workers bargain on issues like job security, contracting out and union encouragement
- Legal representation in Commission proceedings is no longer automatic, returning the QIRC to a layperson's tribunal
- Ten existing modern awards and seven certified agreements must be reviewed and varied by the Commission, with new agreements unable to be certified until that review is done
- Seven existing modern certified agreements will have an early nominal expiry three months after their underpinning award is varied, triggering re-bargaining
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced7 May 2015View Hansard
Vote on a motion
Vote on the Treasurer's motion to require the Finance and Administration Committee to report on the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill by 1 June 2015, opposed by the LNP as an unreasonably rushed time frame
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (46)
Noes (42)
▸Committee7 May 2015View Hansard
Referred to Finance and Administration Committee
The Finance and Administration Committee examined this Government bill, which sought to reverse changes made by the previous government to Queensland's industrial relations framework. The committee was unable to reach agreement on whether to recommend the bill be passed. Government members accepted the bill should pass with amendments, while non-government members considered the bill should not pass unless significant amendments were made. The committee made two specific recommendations relating to redundancy pay entitlements and dispute resolution clauses.
Key findings (4)
- The committee was unable to reach agreement on whether to recommend the bill be passed, with government and non-government members divided
- Non-government members raised concerns about the urgency of the bill's passage and the adequacy of stakeholder consultation
- The committee identified ambiguity regarding redundancy pay entitlements under the Queensland Employment Standard and recommended the Minister clarify this in the second reading speech
- The committee considered that parties should have more flexibility in developing dispute resolution procedures and recommended the Queensland Industrial Relations Commission develop a standard clause
Recommendations (2)
- The committee recommends that, should the Bill reach the second reading stage, the Minister provide clarification on the issue of redundancy pay entitlements in his second reading speech.
- The committee recommends that, should the Bill reach the second reading stage, the Minister consider amending the Bill to enable the Queensland Industrial Relations Commission to develop a standard dispute resolution clause that could be available to parties and able to be amended by mutual agreement.
Committee report tabled
▸Second Reading4 June 2015View Hansard
That the bill be now read a second time
Vote on whether to advance the Industrial Relations (Restoring Fairness) bill, which restores workers' rights and union access provisions removed by the previous LNP government, to the committee stage.
The motion passed.
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Ayes (46)
Noes (42)
▸37 members spoke24 support13 oppose
As the responsible minister, introduced the bill to restore workers' rights and conditions stripped by the previous government, including repealing high-income guarantee contracts for doctors and restoring union access and bargaining rights.
“This bill restores those conditions for government workers that were removed by the Public Service and Other Legislation Amendment Act 2012 and the Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013.”— 2015-06-04View Hansard
Led the opposition case against the bill, arguing it was payback to unions, lacked proper consultation with local governments, would cost 1,500 jobs, breached employee privacy, and removed the QIRC's ability to consider fiscal strategy.
“The opposition will be opposing this bill but suggesting some amendments during consideration in detail.”— 2015-06-04View Hansard
As committee chair, spoke in support of the bill, defending the union encouragement provisions against privacy concerns and citing the Privacy Commissioner's confirmation that there was no breach of the Information Privacy Act.
“By supporting this bill, we are recognising that public sector workers in this state deserve our respect. We are saying every worker deserves to be treated with fairness and dignity.”— 2015-06-04View Hansard
Argued the bill lacked balance and proper consultation with local governments, would cost jobs, and that union encouragement provisions amounted to union preference by stealth, compromising workers' right to privacy and freedom of association.
“There can be no fairness when there is no balance, and this bill has no balance.”— 2015-06-04View Hansard
As a committee member and former paramedic union delegate, spoke in support citing the Privacy Commissioner's evidence and testimony from union delegates who were not coerced into joining their unions.
“So there is no issue with respect to privacy. The Privacy Commission is the entity we go to for advice on such matters. The Privacy Commissioner has ruled that there is no issue on privacy.”— 2015-06-04View Hansard
Spoke of the impact of the former government's industrial relations changes on local government workers in her electorate, including Ipswich City Council employees concerned about losing employment conditions.
“Unlike the Leader of the Opposition and the members opposite, who disgracefully slashed the working conditions of government workers, the Palaszczuk government will fulfil its commitment to restore fairness for public servants.”— 2015-06-04View Hansard
As a former paramedic enterprise bargaining representative, described the contrast between genuine negotiations under a previous Labor government and the Newman government's refusal to negotiate, offering only dictated terms.
“I believe that the restoration of collective bargaining will restore fairness and equity to all workers in this great state.”— 2015-06-04View Hansard
As a committee member, opposed the bill on grounds of inadequate consultation, the removal of fiscal strategy consideration from QIRC deliberations, privacy concerns regarding union encouragement provisions, and the impact on local government certified agreements.
“Personally, I think that the union encouragement provisions and the provisions that allow for the unfettered distribution of public servants' information to unions is an egregious breach of public servants' right to privacy.”— 2015-06-04View Hansard
As a former Queensland Nurses' Union official, defended union encouragement provisions in detail, reading the clause to the House and dismissing opposition claims as misinformation, while highlighting the former health minister's breach of nurses' private email addresses.
“If you want to introduce things that do not belong in this clause, I ask you to cite them in the clause. Put up or shut up, is what I say.”— 2015-06-04View Hansard
Spoke in support of the bill as restoring fairness, supporting correctional officers, child safety workers and health workers, and argued the bill recognises the LNP's broken promises to Queensland workers.
“This bill is about three things: restoring fairness to workplaces in Queensland; recognising that the LNP's broken promises to Queensland were wrong and need to be remedied; and ensuring that the people who deliver services to Queenslanders have the protection they need.”— 2015-06-04View Hansard
As a committee member, opposed the bill citing concerns about removing the QIRC's obligation to consider employers' financial positions, the impact on local governments facing drought and fiscal pressure, privacy issues with union encouragement provisions, and inadequate consultation.
“In quite simple terms, if any employer is not financially sustainable, the ability to continue to employ generally is quite seriously challenged.”— 2015-06-04View Hansard
Argued the bill was needed to protect local government workers from the LGAQ's campaign to strip conditions, citing the example of Mackay Regional Council's Northern Australia Services company being set up to outsource council work.
“All those workers and battlers who voted for a Labor government are relying on us to deliver protections for their working life. This bill helps deliver those protections.”— 2015-06-04View Hansard
As a former employment lawyer for senior medical officers, spoke about the devastating impact of high-income guarantee contracts on doctors and hospital services, and praised the amendment to repeal those contracts.
“These amendments deliver on our election commitment to end these unreasonable and unfair contracts and undo the wrongs of the LNP government imposed on our senior medical officers.”— 2015-06-04View Hansard
Argued the former government's 2013 IR reforms were transformational and delivered for Queensland, and that this bill would reduce productivity, increase waiting times in hospitals, and was prima facie evidence of a deal between Labor and medical unions.
“The Palaszczuk government's Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015 seeks to destroy the much improved, flexible and modernised industrial relations system of the past 18 months.”— 2015-06-04View Hansard
Put the bill in historical and ideological context, noting compulsory union membership under Bjelke-Petersen and arguing the opposition had vacated the space of union involvement, and praised the Together union's 'Bring on the Vote' campaign.
“I believe it really is very sad—very sad indeed. I put it in the ideological context of what happened in the Thatcher and Reagan years.”— 2015-06-04View Hansard
Supported the bill as fulfilling the government's election commitment to repair the fundamental breach of trust by the former government, and welcomed the amendments repealing high-income guarantee contracts for doctors.
“This bill reflects an election commitment to restore fairness for government workers as a matter of urgency. It was a promise to the public servants of Queensland made by this government.”— 2015-06-04View Hansard
As a former deputy mayor, opposed the bill on grounds of inadequate consultation with local governments, the economic impact on councils currently preparing budgets, and the overriding of certified agreements that had been democratically ratified by workers.
“This government is like a marionette dancing daily to the strings being pulled from union HQ.”— 2015-06-04View Hansard
As Health Minister, spoke at length about the devastation caused by the former government's individual contracts for doctors, the mass rallies at the Pineapple Hotel, and the loss of senior specialists from Queensland's public health system.
“Today doctors have won, but it is the patients of Queensland Health that are truly victorious.”— 2015-06-04View Hansard
Drew parallels between the Newman government's treatment of workers and the Bjelke-Petersen government's 1985 sacking of SEQEB electricity workers, and spoke about the impact of doctor contracts in Townsville.
“'No public servant needs to fear me.' These immortal words will continue to haunt the LNP and the Public Service for years.”— 2015-06-04View Hansard
Opposed the bill citing the union encouragement policy's requirement for active rather than passive acceptance, concerns about public servants' career progression if they decline union membership, and personal experience of union boycotts against her husband's business.
“Passive acceptance by agencies of membership recruitment activity by unions does not satisfy the government's commitment.”— 2015-06-04View Hansard
As a former industrial officer and legal practitioner in the QIRC, supported the bill's provisions on legal representation, non-allowable content removal, and right of entry, citing the Moreton Bay CEO's evidence that non-allowable provisions had hindered bargaining.
“This government does not look down on these low-paid workers. We will not stack the system against them.”— 2015-06-04View Hansard
Opposed the bill, saying his constituents objected to robocalls, the union encouragement clause, and the passing of personal details to unions, while supporting the principle of unionism but prioritising freedom of choice.
“I support the principle of unionism, but I support freedom of choice more.”— 2015-06-04View Hansard
As a former United Voice official representing health practitioners, supported the bill for restoring the independence of the Industrial Relations Commission, employment security, consultation rights, and the dignity of public sector workers.
“This bill restores dignity. This bill restores a voice. This bill restores an independent umpire and, ultimately, it restores industrial harmony.”— 2015-06-04View Hansard
Opposed the bill as rushed legislation that prioritised union IOUs over job creation, citing inadequate consultation with councils, the LGAQ, the Queensland Law Society and Bar Association, and the reversal of award modernisation.
“Rushed legislation such as this, especially when policy is prioritised to cash in an IOU rather than create jobs and govern for all Queenslanders, is destined to cause not only committee but also voter dissent.”— 2015-06-04View Hansard
As a former union official of 10 years, supported the bill for restoring workers' rights enshrined in UN conventions, defending union right of entry, and restoring the independence of the Industrial Relations Commission.
“As someone who is committed to social justice, it gives me great pleasure to rise to speak in support of the Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill 2015.”— 2015-06-04View Hansard
Opposed the bill as a legislative front for union heavies to bully public servants into membership, arguing union membership had dropped because unions are not relevant, and that the bill was repaying a debt to unions who financed the government's election campaign.
“This bill does nothing about restoring fairness. It is a legislative front for union heavies to come into a workplace and bully hardworking public servants into becoming union members.”— 2015-06-04View Hansard
Supported the bill as a true Labor bill that restores fairness, collective bargaining rights, and delivers on key election promises including restoring fair conditions for senior public sector doctors.
“I support this bill because it is a true Labor bill. It restores fairness to workers, re-establishes rights to collective bargaining and unfair dismissal.”— 2015-06-04View Hansard
Opposed the bill as a payback to unions, criticised Labor's record on the Health payroll debacle and the QNU's failure to protect nurses during that crisis, and argued the removal of high-income guarantee contracts was a backward step.
“This bill is a sham. It is a debt. It is a payback. It is an invoice received and a cheque written by the ALP to the unions to give them the power they want.”— 2015-06-04View Hansard
As a former United Voice official, supported the bill as reinstating longstanding protections stripped by the Newman government, drawing parallels between the 1915 TJ Ryan government and the current Palaszczuk government.
“It is the same old story—they tear it down, we build it up; they mess it up, we clean it up; they tear it apart, we put it back together.”— 2015-06-04View Hansard
Supported the bill as restoring balance and reasonableness to the Queensland industrial relations system, citing the impact on local government workers in his electorate including Torres Strait Island and Mareeba councils.
“This bill restores reasonable rights of access to workplaces for all union representatives. A healthy industrial relations system depends upon employees having ease of access to their representatives and vice versa.”— 2015-06-04View Hansard
Drew on a long history of industrial relations legislation changes since 1980, citing evidence from firefighters, doctors, and a local government worker about the impact of the LNP's laws on their conditions and safety.
“We are an egalitarian society built on a fair go for all, and this Palaszczuk Labor government today is correcting the wrongs those opposite created.”— 2015-06-04View Hansard
Supported the bill citing the impact on council workers in his rural electorate who lost locality allowances and nine-day fortnights, and argued the broader economic damage of the mass sackings under the Newman government had devastated rural communities.
“It is so important to look after the working-class people. They work, they pay their taxes, they are generous, they buy raffle tickets and they contribute to our society.”— 2015-06-04View Hansard
As a former Industrial Relations Commissioner and union advocate, noted the opposition asked 21 questions about union involvement but zero about service delivery impacts, and cited a poll showing 72% of voters believed the government should set the example for working conditions.
“The Industrial Relations (Restoring Fairness) and Other Legislation Amendment Bill will restore fairness. It will rebuild, it will repair, it is just, it is unbiased and it is equitable.”— 2015-06-04View Hansard
As Opposition Leader and former health minister, argued Labor's record was worse, citing the Health payroll debacle, Labor-era staff reductions, and 54% of doctors voting in favour of individual contracts, and argued the bill removed all balance from the industrial relations system.
“If the argument is that our laws went too far one way, then certainly the argument here is that these laws are too far the other way.”— 2015-06-04View Hansard
Supported the bill drawing parallels with the TJ Ryan government's 1915 industrial arbitration reforms, and quoted President Obama on the value of unions looking out for workers.
“This bill gives the workers of Queensland the protection and the respect they deserve.”— 2015-06-04View Hansard
As a former industrial relations adviser, opposed the bill as a mechanism to drum up union membership and fees to fund Labor campaigns, arguing 82% of workers reject the union movement and sharing anecdotes of union inefficiency in the workplace.
“Let us call this for what it is. Clearly the intent of this bill is to drum up union membership and get the precious union member fees which will fund current Labor members' next campaigns.”— 2015-06-04View Hansard
Supported the bill after investigating claims from the LGAQ that he found misleading, arguing locality allowances and protections against contracting out were essential for workers and communities in rural and remote areas.
“I did not have the LGAQ or mayors ringing me when the TIDS grants were cut in half. That had a much bigger impact on rural areas.”— 2015-06-04View Hansard
▸In Detail4 June 2015View Hansard
Amendment No. 1: Inserted new clause 4A to clarify that redundancy provisions superior to the Queensland Employment Standards can be included in a modern industrial instrument, as recommended by the committee.
Amendments Nos 2-3: Amended clause 11 to clarify that provisions in industrial instruments related to Queensland Employment Standards apply only to the extent they are no less favourable to the employee.
Amendments Nos 4-6: Inserted new clauses removing high-income senior employee exclusions from chapter coverage (16A), collective agreement restrictions (18A), and automatic three-year expiry of agreements (23A).
Amendment No. 7: Repealed chapter 6A of the Industrial Relations Act, removing high-income guarantee contract provisions that mandated individual employment contracts for senior medical officers and other high-income public sector employees.
That the amendment be agreed to
Vote on the government's amendment (No. 7) to repeal chapter 6A of the Industrial Relations Act, removing high-income guarantee contract provisions that had forced individual employment contracts on senior medical officers.
The motion passed.
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Ayes (46)
Noes (42)
LNP Amendment No. 2: Required employee consent before personal information could be given to unions under union encouragement provisions, with written consent to be provided to the Public Service Commission.
That the amendment to the amendment be agreed to
Vote on the LNP's amendment (No. 2, moved by Mr Walker) to require employee consent before personal information could be given to unions, which the government opposed as an attack on workers and unions. The amendment was defeated.
The motion passed.
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Ayes (46)
Noes (42)
LNP Amendment No. 4: Sought to preserve certified agreements entered into after 1 October 2014 by allowing them to run their full agreed term, rather than bringing them to an early nominal end under the bill's transitional provisions.
That the amendment, as amended, be agreed to
Vote on the LNP's amendment (No. 4, moved by Mr Walker) to preserve existing certified agreements entered into after 1 October 2014 rather than bringing them to an early end under the new framework. The amendment was defeated.
The motion passed.
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Ayes (46)
Noes (42)
Amendment No. 8: Inserted new section 844A for the review and variation of the Resident Medical Officers award, providing transitional arrangements for senior medical officers moving from individual contracts back to collective coverage.
Amendments Nos 9-10: Inserted transitional provisions for the continuation of existing high-income guarantee contracts and clarified the heading for industrial instrument provisions.
Amendments Nos 11-13: Dictionary amendments complementary to the removal of high-income senior employee arrangements, updating definitions of employee, industrial instrument, and remuneration.
Amendments Nos 14-15: Amended the Hospital and Health Boards Act 2011 to remove references to contracted senior health service employees, repeal high-income guarantee contract provisions, restore industrial instrument supremacy over health employment directives, and insert comprehensive transitional provisions for senior medical officers.
Amendments Nos 16-19: Minor and technical amendments to the Hospital and Health Boards Act, Hospital and Health Boards Regulation, and Industrial Relations Act schedules, removing references to high-income guarantee contracts and contracted employees.
Amendment No. 20: Changed the long title of the bill to include amendment of the Hospital and Health Boards Act 2011.
That the motion, as amended, be agreed to
Vote on the long title of the bill as amended to include reference to the Hospital and Health Boards Act 2011, reflecting the government's amendments to repeal individual doctor contracts.
The motion passed.
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Ayes (46)
Noes (42)
▸1 clause vote (all passed)
Vote on a clause
Vote on whether to retain clause 25 which reverses the right to automatic legal representation in the Queensland Industrial Relations Commission, returning it to a layperson's tribunal where legal representation requires consent or leave.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (46)
Noes (42)
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