TUTORIAL QUESTION 11 – WEEK 12

QUESTION 1 – What minimum conditions of employment is a Qld employee entitled to? Are any Qld employees excluded? Refer to relevant sections of the IRA.

  • The minimum conditions that apply to all Qld workers are found in Chapter 2 IRA, which include:

~ Working Time: s9 IRA

 Applicable to all employees under industrial instruments.

 Prescribed periods (for work) which must be exceeded.

 If exceeded, overtime/penalty rates apply.

~ Sick Leave: s10 IRA

 Casuals, pieceworkers and school based apprentices/trainees excluded.

 8 days sick leave for every full year of employment.

~ Annual Leave: s11 IRA

 Casuals, pieceworkers and school based apprentices/trainees excluded.

 4 weeks per year.

~ Family Leave: Chap 2, Part 2 IRA

 Since Dec 2001, long term casuals have had access to Family Leave.

 Family Leave provisions encompass:

1)Parental Leave Applicable to Qld employees with 12 months continuous service. Do not apply to casuals (other than long term), seasonal employees and pieceworkers. Entitlement of up to 52 weeks unpaid leave, and right to be employed in position held immediately prior to starting parental leave.

2)Carer’s Leave  Leave to care for and support members of immediate family or household when ill. Can use up to 5 days accumulated sick leave.

3)Bereavement Leave Compassionate leave when there is a death in the immediate family or household. 2 days leave on full pay.

~ Long Service Leave

 Period of paid leave granted in return for period of long service.

 Applies to all employees except seasonal employees.

 8.6667 weeks for 10 years continuous service.

~ Continuity of Service: Chap 2, Part 6 IRA

 Generally, s71 IRA.

 Applies when working out the employee’s rights and entitlements under IRA or industrial instrument: s68 IRA.

 Examples include:

1)Employment interrupted/terminated due to slackness in trade or business and employee is re-employed.

2)Employee’s service is temporarily lent or hired by employer to another employer.

3)Employee is terminated and re-employed within 3 months.

  • In terms of whether any employees are excluded, note the expanded definition of employee in s5 IRA.

QUESTION 2 – When will a contract be unfair pursuant to s276 of the IRA?

  • When it is a contract of service that is not covered by an industrial instrument (award or registered agreement).
  • When it is a contract for service.
  • s276(6) IRAseeks to prevent employees invoking the jurisdiction to bring what are in effect unfair dismissal claims.

QUESTION 3 – Compare and contrast the IRA with the WRA. How do the Acts differ in operation and effect (refer to relevant sections for support).

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