Rights & obligations

IMPORTANT NOTICE FOR QUEENSLAND EMPLOYERS AND EMPLOYEES:
As you would be aware, since the commencement of the federal government's workplace relations laws on 27 March 2006, employers who are constitutional corporations (including financial or trading corporations, generally Pty Ltds or Limiteds) and their employees have been covered under federal industrial relations jurisdiction.

Non-corporate employers (generally individual sole traders or partnerships) and their employees have continued to operate under Queensland industrial relations jurisdiction.

However, the Queensland Government has now introduced legislation which will refer to the Commonwealth the state's industrial relations powers for the private sector. These changes will operate as from 1 January 2010 and will mean that all employers and employees in Queensland with the exception of state and local government will be covered under a national industrial relations system administered by the Commonwealth Government.

Importantly, the Queensland Government has ensured that safeguards exist so that the national system will operate in the best interests of all Queensland employers and employees.

For further information on these changes you may contact:

Wageline on 1300 369 945
Workplace Rights hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au; or
the Commonwealth's Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au.

This section will help employers and employees understand their rights and obligations at work. The following information is provided to increase awareness and answer questions parties may have about the regulatory environment of work and the employment relationship.

The Industrial Relations Act 1999 (PDF, 1.9MB) (the Act) directly prescribes certain rights and obligations for employers and employees in relation to their contract of employment. For example, the Act prescribes certain minimum entitlements for all employees regardless of whether their employment is covered by an industrial instrument or not. Some of these entitlements include:

the right to be paid wages without deduction whether the rate of wages is:
- fixed in an applicable industrial instrument ,
- an agreed rate in excess of the rate set in the applicable industrial instrument, or
- an agreed rate where there is no applicable industrial instrument
protection against unfair dismissal
sick leave, annual leave, public holidays, family leave (ie. parental, bereavement, carers' and cultural leave) and long service leave
obligations on an employer to keep time and wages records and provide pay slips to employees
the right to have an unfair contract of employment, which is not covered by an industrial instrument, amended or declared void
the right to belong, or not to belong, to a union.

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