Provisions provided under the Industrial Relations Act 1999
In Queensland the primary legislation that governs the state industrial relations system is the Industrial Relations Act 1999 (PDF, 1.9 MB). The Act provides for certain minimum conditions for all Queensland employees regardless of whether or not their employment is covered by an award of agreement.
One of the objectives of the Industrial Relations Act 1999 is to help balance work and family life. The Act provides for a variety of leave entitlements that apply to all Queensland employees (excluding those covered by federal awards or agreements) which may help them balance their work, family and lifestyle commitments.
These leave entitlements include:
The Workplace Relations Act 1996 (non-Queensland Government link) currently provides for five minimum entitlements, referred to as the Australian Fair Pay and Conditions Standard (non-Queensland Government link) , that apply to employees of constitutional corporations. However, the Rudd Labor Government will remove the Australian Fair Pay and Conditions Standard to replace it with 10 National Employment Standards (NES) from 1 January 2010.
Parental leave
Parental leave is an entitlement under section 18 of the Industrial Relations Act 1999. Parental leave is usually unpaid leave, available when an employee or their spouse gives birth or adopts a child.
Further information is available on parental leave.
Paid parental leave is not provided for under the Industrial Relations Act 1999. However, paid parental leave is available to Queensland Government employees and increasingly in private sector organisations.
To find out whether your organisation provides paid parental leave, you should contact your human resources department, employer or the Department's Wageline information service 1300 369 945.
The Commonwealth government offers:
- A maternity allowance, paid to families following the birth (including stillbirths) or adoption of a baby. This allowance is income tested.
- A maternity immunisation allowance, paid for children aged 18-24 months who are fully immunised.
For information on eligibility criteria and further benefits for families, please contact
Centrelink (non-Queensland Government link) (non-Queensland Government link) or the Family Assistance Office. (non-Queensland Government link)
Carer's leave
Carer's leave is an entitlement under section 39 of the Industrial Relations Act 1999. Carer’s leave allows employees to use of up to ten days paid sick leave per year to care for and support members of their immediate family, or household, who are ill.
In some instances where leave is accessed to provide care there may be little or no notice prior to the commencement of leave. This can make it difficult for managers to source suitable staff to backfill an employee who has accessed carer’s leave. Managers should consider establishing a clearly defined process for backfilling or workload distribution to minimise the impact of employee absences on the work unit.
Further information is available on carer's leave.
Bereavement leave
Bereavement leave is an entitlement under section 40 of the Industrial Relations Act 1999. Bereavement leave (also known as compassionate leave) is leave to help employees when there is a death in an employee's immediate family or household in Australia or overseas.
Further information is available on bereavement leave.
Cultural leave
Cultural leave is available under section 40A of the Industrial Relations Act 1999. An employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony may take up to five days unpaid cultural leave in each year, subject to the employer’s agreement, which must not be unreasonably refused. Cultural leave is available for employees to meet traditional law, custom, cultural and family obligations, or to participate in ceremonial, cultural and religious activities.
Further information is available on cultural leave.
Annual leave
Annual leave is provided as an entitlement under section 11 of the Industrial Relations Act 1999. Annual leave (or recreation leave) is paid leave that employees receive for each completed year of employment.
In some instances where an employee takes annual leave, it may be difficult for managers to source suitable staff to backfill the employee. Managers should consider establishing a clearly defined process for backfilling or workload distribution to minimise the impact of employee absences on the work unit.
Further information is available on annual leave.
Last updated 21 July 2009
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