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) 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. Further information on provisions under the Workplace Relations Act 1996 can be found on the federal government’s Work and Family website.
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
- 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.
Eligibility
An employee who is required by Aboriginal tradition or Island custom to attend an Aboriginal or Torres Strait Islander ceremony is entitled to unpaid cultural leave.
Although cultural leave can only be taken with the approval of the employer, the employer must not unreasonably refuse the employee’s request.
The employee must, if practicable, give the employer:
- reasonable notice of the intention to take cultural leave before taking the leave
- the reason for taking the leave; and
- the period that the employee estimates he/she will be absent
If it is not practicable for the employee to give the notice before taking the leave, at the first opportunity the employee must notify the employer of:
- the reason for taking the leave; and
- the period that the employee estimates he/she will be absent
In considering the employee’s request for leave, the employer must consider at least the following:
- the employer’s capacity to reorganise work arrangements to accommodate the employee’s request
- the impact of the employee’s absence on the delivery of customer service
- the particular circumstances of the employee
- the impact of a refusal on the employee, including the employee’s ability to balance his or her work and family responsibilities
The employer must not unreasonably refuse the employee’s application for 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 22 July 2008