Administration of Industrial Court and Commission System
Description
Safe, fair and productive work environments
Reviews
Service delivery
Future
This output has a major responsibility in providing a fair system of industrial relations in Queensland that supports economic prosperity and social justice. The Industrial Court and the Queensland Industrial Relations Commission (QIRC) are independent of government and other interests.
Description
The Industrial Court of Queensland, the QIRC and the Industrial Registry are constituted under Chapter 8 of the Industrial Relations Act 1999 (PDF, 1.9 MB). This output has a major responsibility in providing a fair system of industrial relations in Queensland that supports economic prosperity and social justice. The Industrial Court and the QIRC are independent of government and other interests.
The QIRC provides an independent conciliation, arbitration and agreement approval service in respect of industrial matters including awards; agreements; prevention and settlement of industrial disputes and related matters; unfair dismissals; unfair contracts; and wage recovery matters. Matters filed in the Industrial Court, a superior court of record, are predominately appeals from decisions of the Commission and of Industrial Magistrates.
In addition to hearing applications about industrial matters, the industrial tribunals have powers to hear matters arising under the Vocational Education, Training and Employment Act 2000, the Trading (Allowable Hours) Act 1990, the Workers' Compensation and Rehabilitation Act 2003 and the Workplace Health and Safety Act 1995 (PDF, 766 KB).
The Industrial Registry, an office of the public service, provides administrative support to the Industrial Court and the QIRC. Funding for the Court and Commission system is provided through the Department of Industrial Relations and the department's Director-General is the accountable officer under the Financial Administration and Audit Act 1977. The Industrial Registrar is the head of the Industrial Registry, under the Public Service Act 1996.
Safe, fair and productive work environments
General rulings and statements of policy
Minimum wage
The Full Bench of the Commission declared by General Ruling a wage adjustment of $17 per week increase in award rates of pay. By the same General Ruling, the minimum wage for all full-time employees in Queensland was increased to $484.40 per week with a proportionate amount for junior, part-time and casual employees. The increased rates were effective from 1 September 2005.
Dental assistants
On 7 September 2005, the Full Bench granted the dental assistant profession an 11% pay increase plus an ongoing annual 1.25% equal remuneration component under Australia's first arbitrated pay equity decision. The 11% increase will be phased in through five instalments by February 2008. The increase recognises the differential between enterprise bargaining outcomes, secured by the predominately male occupations from 1997 to 2004, and increases available under State Wage Cases for the same period. The annual 1.25% equal remuneration component supplements award increases from State Wage Cases recognising the almost complete absence of formalised enterprise bargaining for dental assistants.
Jury service
The Full Bench of the Commission declared by General Ruling to provide entitlements for make-up pay for permanent full-time and part-time employees who have been summonsed to attend jury service, effective from 15 September 2005.
Trading hours
After extensive inspections and hearings in regional Queensland and interstate inspections, the Full Bench of the Commission dismissed an application to amend trading hours in south-east Queensland. Under the application, major supermarkets and shopping centres in regional Queensland (southern and eastern area) would have been able to trade on Sundays. The Full Bench stated that there was no evidence that the long term economic wellbeing of the retail sector would suffer if Sunday trading in regional Queensland were not introduced. However there was evidence that economic wellbeing may suffer if Sunday trading hours were introduced in the area.
2006 State Wage Case
The Full Bench of the Commission, on 20 February 2006, dismissed an application by the federal Minister for Employment and Workplace Relations to have the 2006 State Wage Case adjourned until after the Australian Fair Pay Commission had made its first minimum wage determination under the Workplace Relations Amendment (WorkChoices) Act 2005. The Full Bench stated there was a specific obligation under the Industrial Relations Act 1999 that the Commission ensure that a general ruling about a minimum wage was made each calendar year.
Child care workers
In an interim decision of 24 March 2006, the Full Bench of the Commission awarded wage increases to child care workers consistent with the January 2005 decisions of the Australian Industrial Relations Commission in respect of the Victorian and ACT child care awards. The increases, based on current classification structure, are to be paid in six instalments over 2.5 years commencing 10 April 2006. The Full Bench recognised the evidence that the work performed by child care workers has been historically undervalued based on their gender.
Reviews
The second round of the Award Review process (Award Review Mark II), a requirement under Section 130 of the Industrial Relations Act 1999, continued in 2005-06. Items considered as part of Award Review Mark II are the 38 hour week, wage increases granted by Statement of Policy, and awards not previously reviewed.
The Full Bench of the Commission, as part of Award Review Mark II, declared by General Ruling adjustments to award wages or salaries to take into account any previous wage and allowance increases awarded during the course of the wage case decisions granted from the period 1 January 1987 through to 1 January 2005, effective from 15 August 2005.
Service delivery
Applications to the Industrial Court |
2003-04 |
2004-05 |
2005-06 |
|---|---|---|---|
Total matters |
104 |
92 |
100 |
Applications to QIRC |
2003-04 |
2004-05 |
2005-06 |
|---|---|---|---|
Award-related matters |
146 |
164 |
129 |
Certified Agreements |
982 (including 348 new agreements) |
633 |
487 |
Queensland Workplace Agreements |
73 |
56 |
32 |
Reinstatements |
1,575 |
1,469 |
1,053 |
Disputes |
486 |
534 |
399 |
Unpaid wages |
152 |
255 |
273 |
Cash payments of long service leave |
123 |
71 |
85 |
Industrial Organisations |
65 |
68 |
72 |
All other applications |
732 |
541 |
503 |
Total matters |
4,269 |
3,723 |
3,033 (1) |
Note:
(1) Reflects the impact on the QIRC's workload following the introduction of the federal government's industrial relations changes in March 2006.
In August 2005, the new Industrial Matters System which und erpins the Commission/Registry judicial and business operations and forms the foundation for many future e-court initiatives was implemented. This allowed for Commission and Registry to implement changed business processes to maximise efficient delivery of quality services.
Performance indicators for administration of the Industrial Court and Commission demonstrate a very high level of efficiency.
Timely service delivery
Future
The federal government's Workplace Relations Amendment (WorkChoices) Act 2005 will cause significant change to Queensland's industrial relations system. The full impact on the workload of the Commission and Registry will not be known until the High Court determines the outcome of the Queensland Government's challenge to the new federal laws.
In the interim, the Commission and Registry will continue to undertake a range of activities. Queensland Commissioners, in their dual capacity as federal Commissioners, can provide dispute resolution for parties in the federal system. Many parties still prefer to use state Commissioners.
The Workplace Health and Safety and Other Acts Amendment Act 2006 gave union officials the right to enter workplaces on health and safety grounds. Under the amendments, the Industrial Registrar will issue permits that authorise a representative of a registered industrial organisation to enter a workplace where there is a reasonable suspicion that a contravention of the act involving workplace health and safety has happened or is happening.
The Commission and Registry will also undertake a range of internal projects designed to further enhance service delivery, including:
- reviewing the Tribunal Rules to reflect new business processes
- enhancing both the internal and external websites including publishing decisions, awards and related documentation on the QIRC website
- developing electronic information guides and fact sheets, particularly to assist industrial organisations' Committees of Management and organisations' members.
Want more information?Annual reports by the President of the Industrial Court The President of the Industrial Court, as required under the Industrial Relations Act 1999, prepares an annual report about the work of the Court, Commission and the Registry. These reports are available from www.qirc.qld.gov.au. |
Last updated June 4, 2009
Other languages