What law applies
The Industrial Relations Act 1999 (PDF, 1.9 MB) directly prescribes rights and obligations for employers and employees under the Queensland industrial relations system. When employers and employees enter into negotiations about work-life balance policies there are a variety of other legislation that may need to be considered.
Legislation to consider:
Industrial Relations Act 1999 (Qld)
Workplace Relations Act 1996 (Commonwealth)
Anti-Discrimination Act 1991 (Qld)
Age Discrimination Act 2004
Sex Discrimination Act 1984
Family Leave Award 2003
Read more about the specific Queensland and federal legislation and the penalties if the legislation is not followed.
Industrial Relations Act 1999 (Qld)
The Industrial Relations Act 1999 (the Act) aims to provide a framework for industrial relations that supports economic prosperity and social justice. It also prescribes certain rights and responsibilities for employers and employees in relation to their contract of employment, including certain minimum entitlements for all employees regardless of whether their employment is covered by an industrial instrument or not.
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, including parental leave, carer’s leave, bereavement leave, and cultural leave. The Act also provides a framework to protect employees against unfair dismissal on discriminatory grounds, including family responsibilities.
Workplace Relations Act 1996 (Commonwealth)
On 2 December 2005, the Workplace Relations Amendment (Work Choices) Act 2005 was passed, making major amendments to the Workplace Relations Act 1996 (the Act). The amended Act and the regulations that accompany the Act came into operation on 27 March 2006. The new legislation means big changes for Queensland .
Anti-Discrimination Act 1991 (Queensland)
The Anti-Discrimination Act 1991 (PDF, 785 KB) promotes fair treatment and equality of opportunity by making unfair discrimination and all sexual harassment against the law. It gives everyone the right to be treated fairly and to take action if unlawful discrimination or sexual harassment occurs. It also places responsibilities on everyone to ensure that unlawful discrimination and sexual harassment are minimised or prevented.
For more information about the Anti-Discrimination Act 1991 or making a complaint, please contact the Anti-Discrimination Commission Queensland on 1300 130 670.
Age Discrimination Act 2004 (Commonwealth)
The Age Discrimination Act 2004 (PDF, 190 KB) (the Act) aims to ensure that people are not treated less favourably on the ground of age in a number of areas of public life including employment, education, access to premises, provision of goods, services and facilities, accommodation, disposal of land, administration of Commonwealth laws and programs, and requests for information. The Act protects young as well as old people in these areas of life.
For more information about the Age Discrimination Act 2004 or the complaint handling process, please contact the Human Rights and Equal Opportunity Commission (HREOC) on 1300 656 419 (local call) or 1800 620 241(local call), or e-mail complaintsinfo@humanrights.gov.au.
Sex Discrimination Act 1984 (Commonwealth)
The Sex Discrimination Act 1984 (the Act) aims to eliminate discrimination on the grounds of sex, marital status, pregnancy, or potential pregnancy in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs. The act also makes it unlawful to dismiss an employee because of their family responsibilities, and is concerned with eliminating sexual harassment.
For more information about the Sex Discrimination Act 1984 or the complaint handling process, please contact the Human Rights and Equal Opportunity Commission (HREOC) on 1300 656 419 (local call) or 1800 620 241 (toll free), or e-mail complaintsinfo@humanrights.gov.au.
Family Leave Award 2003
The Family Leave Award 2003 (the Award) sets down the terms of a number of leave provisions, including parental leave, carer’s leave and bereavement leave. The Award also provides for part-time employment for pregnant employees and employees returning from parental leave. The Award applies to employees who are:
- Covered by a State Award that includes a clause deeming the Family Leave Award 2003 to be a part of that particular award; or
- One of the parties bound by an industrial agreement listed in the Schedule of the Family Leave Award 2003
Last updated 2 October 2008
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