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The Industrial Court | The Commission | Membership of Panels and Industry Assignments | Functions of the Commission | Appeals | The Industrial Registry
The Industrial Court
The Industrial Court of Queensland is a superior court of record. The Industrial Court hears appeals on error of law or lack or excess of jurisdiction against decisions of the Commission, Industrial Registrar or Industrial Magistrates.
By s. 247 of the Act, the Industrial Court is constituted by the President sitting alone.
By virtue of s. 257, the President of the Court is also President of the Commission. The President may preside on a Full Bench of the Commission and, for certain matters under the Act, the Full Bench must include the President.
An appeal against a decision of a Full Bench which included the President lies to the Queensland Court of Appeal.
The court is the final appeal court for claims for unpaid wages and prosecutions under the Industrial Relations Act 1999 where the penalty does not exceed 40 penalty units.
The court is also the final appeal court for prosecutions under Workplace Health and Safety Act 1995 and the Electrical Safety Act 2002. Comparable provisions also exist under the Coal Mining Safety and Health Act 1999, the Petroleum and Gas (Production and Safety) Act 2004, the Mining and Quarrying Safety and Health Act 1999, and the Dangerous Goods Safety Management Act 2001.
The Industrial Court hears Appeals against decisions of the Commission as well as Industrial Magistrates regarding the Workers' Compensation and Rehabilitation Act 2003.
Appeals from decisions of Industrial Magistrates also include appeals under the Building and Construction Industry (Portable Long Service Leave) Act 1991; and the Private Employment Agents Act 2005.
The court may also order costs against a party to an application.
The Commission
The Queensland Industrial Relations Commission is an independent tribunal
established to conciliate and arbitrate industrial matters in the State of
Queensland. Under current legislation, it derives its powers and functions
from Chapter 8, Part 2 of the Industrial Relations Act 1999. The Commission
plays a major role in contributing to the social and economic well-being of
Queenslanders through furthering the objects of the Industrial Relations
Act 1999 which are principally to provide a framework for industrial relations
that supports economic prosperity and social justice.
Members of the Commission are the President, the Vice President, two Deputy
Presidents and other Industrial Commissioners. The Commission is a lay tribunal.
With the exception of the President and the Vice President, Members of the
Commission are not required to be lawyers but are required to have a high
level of experience in business, government or industrial relations.
Members of the Commission are:
President |
Mr D.R. Hall |
|
Vice President |
Ms D.M. Linnane |
Deputy Presidents |
Ms D.A. Swan, Mr A.L. Bloomfield |
Commissioners |
Ms G.K. Fisher, Mr D.K. Brown, Ms I.C. Asbury, and Mr J.M. Thompson. |
The President is responsible for administration of the Commission and Registry, including allocation of matters, establishing industry panels for disputes, approving references to a Full Bench, and general conduct of Commission business. The President is to be assisted by the Vice President in performing responsibilities and may delegate power to the Vice President or if the vice president is not available - to 1 or more deputy presidents.
Membership of Panels and Industry Assignments
Under s. 264(6) of the Act, the President must establish industry panels. The scheme is designed to ensure that, where possible, members with experience and expertise in the relevant industries are assigned to deal with disputes and the Commission is thereby able to deal with disputes more quickly and effectively. The current arrangement is a two person panel system, with industries divided between the panels. Each panel is headed by the Vice President or a Deputy President.
The current panels have been in operation since 17 June 2009.
Please click here to view the panels.
Functions of the Commission
The Commission has powers and functions under various legislation:
Jurisdiction under the Industrial Relations Act 1999
- Making, approving, interpreting and enforcing awards that are non-discriminatory and provide fair wages and employment conditions;
- Assisting enterprise bargaining and certifying agreements that are reached;
- Approving QWAs;
- Resolving industrial disputes by conciliation and where necessary by arbitration;
- Resolving disputes over union coverage;
- Dealing with reinstatement applications;
- Determining claims for unpaid wages and superannuation contributions where the total claim is $50,000 or less;
- Amending or declaring void an unfair contract;
- Declaring a class of persons to be employees where the persons would otherwise be regarded as independent contractors;
- Determining applications to amend the name or eligibility rule of an organisation of employers or employees
- Conducting enquiries into a claimed irregularity in an election for office bearers of an industrial organisation;
- Approving amalgamations of industrial organisations
Jurisdiction under Vocational Education, Training and Employment Act 2000
The Commission has jurisdiction under Chapter 8 Part 2 of the Vocational Education, Training and Employment Act 2000 to hear and determine appeals from decisions of the Training Recognition Council. These include decisions about registration or cancellation of training contracts, cancellation of completion certificates or qualifications, decisions to stand down an apprentice or trainee, or declaration of a prohibited employer. In addition, a person who was a party to a training contract which has been cancelled by agreement may apply to the Commission, under s. 62, for the contract to be reinstated if the agreement to cancel was obtained by coercion.
Jurisdiction under the Trading (Allowable Hours) Act 1990
The Full Bench determines applications by non-exempt shops to vary trading hours under Part 5 of the Trading (Allowable Hours) Act 1990 (see s. 21). By s. 23 of that Act, the Commission may do so on its own initiative or on application by an organisation.
Jurisdiction under the Workers' Compensation and Rehabilitation Act 2003
Workers and employers can apply to Q-Comp if they disagree with certain decisions made by their workers' compensation insurer. Q-Comp impartially reviews claims decisions. Under s. 550 of the Workers' Compensation and Rehabilitation Act 2003, if an employer or employee is aggrieved by the Q-Comp Review decision, either party can appeal to the Queensland Industrial Relations Commission.
Jurisdiction under the Contract Cleaning Industry (Portable Long Service Leave) Act 2005
Section 97 of the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 provides for an appeal to the Queensland Industrial Relations Commission against a decision of the authority regarding retrospective credits.
Jurisdiction under the Whistleblowers Protection Act 1994
Section 47 of the Whistleblowers Protection Act 1994 provides that an application for an injunction about a reprisal may be made to the Queensland Industrial Relations Commission if the reprisal has caused or may cause detriment to an employee.
Jurisdiction under the Workplace Health and Safety Act 1995
Section 90U provides for dealing with disputes between an authorised representative for an employee organisation and the occupier of a place about the exercise or purported exercise of a power under the Workplace Health and Safety Act 1995. If the dispute remains unresolved after the parties have genuinely attempted to settle the dispute and a notice of the dispute is given to the industrial registrar, the Industrial Commission may take the steps it considers appropriate for the prompt settlement or resolution of the dispute, by conciliation in the first instance. If the Commission considers conciliation has failed and the parties are unlikely to resolve the dispute the Commission can arbitrate.
Jurisdiction under the Child Employment Act 2006
Under s. 15C of the Child Employment Act 2006, on the application of an inspector, or in a proceeding before the industrial commission under this part, including an appeal, the industrial commission may decide whether an agreement or arrangement reduces a child’s employment entitlements or protections.
In addition, under s. 15P of the Child Employment Act 2006, a person who alleges that the dismissal of a child from employment is by a constitutional corporation, and the dismissal is of a kind that could be the subject of an application under the Industrial Relations Act 1999, chapter 3 if the employer of the child were not a constitutional corporation, may apply to the Industrial Commission for an order that may be made under the dismissal provisions of the Industrial Relations Act 1999.
Jurisdiction under the Magistrates Courts Act 1921
The Industrial Relations and Other Legislation Amendment Act
2007 amended the Magistrates Courts Act 1921 (Part 6), as from
1 January 2008. The amendments improves access to justice for employees on
low incomes by establishing a low cost procedure in the Magistrates Court
for claims by employees relating to breach of the contract of employment.
These claims are available to employees earning up to $101,300 per year, consistent
with the income threshold relating to unfair dismissal claims under the Industrial
Relations Act 1999.
Commission Members are appointed to perform the functions of a conciliator prior to a matter being heard by a Magistrate.
Local Government Act 1993
On 25 October 2007 the Queensland Government appointed a Member of the Commission to Chair the Local Government Remuneration Tribunal. The Tribunal has a number of functions, the most notable of which are that it must,
- every 4 years review categories of councils for the 72 councils within its jurisdiction and assign each council to a category; and
- by 1 December annually decide the level of remuneration to be paid to mayors, deputy mayors and councillors within each category of council.
Functions of the Full Bench of the Commission
Some industrial matters must be dealt with by a Full Bench comprising of at least three Members of the Commission. The notable examples are:
- State Wage cases;
- Declaring persons to be employees;
- Other general rulings or statements of policy;
- Trading hours.
A Full Bench of the Commission may hear appeals on the merits against decisions of a single Member if the Full Bench has given leave to appeal on the ground that it considers the matter important enough in the public interest.
Member Allowances
For information on the Jurisprudential Expense Allowance and Education and Conference Expense Allowance. please click here.
The Industrial Registry
The Registry is a public service office whose duties and functions are provided in the Industrial Relations Act 1999. It provides administrative support to the Industrial Court of Queensland and the Queensland Industrial Relations Commission. Applications in the prescribed form in relation to matters to be dealt with by the Court, Commission or Registrar are filed in the Registry with the appropriate fee. The Registry also plays an important role in administering the provisions of the Industrial Relations Act 1999 which govern the affairs of industrial organisations - their financial accountability and annual returns, applications to change their rules or requests for elections. Registry staff cannot provide advice or comment on the merits of an application.
Registry hours: Monday to Friday (8.15 am - 4.45 pm)
The Registry also provides information and research services for the Court and Commission through the library. The library provides some limited public access. It is a non-lending library which provides information services (but not research services) to the public. The library has a good collection of industrial law materials (texts, law reports, journals) as well as some more general law resources. It holds copies of state awards and their amendments, including rescinded awards and historical material. A coin operated photocopying machine is located in the library. Copies are $0.50¢ per page and the machine does not give either change or receipts.
Library hours: Monday to Friday (9:00 am - 12:30 pm and 1:30 pm - 4:00 pm)