Industrial matters

An industrial dispute is a disagreement regarding an industrial matter between an employer and:

• an employee; or
• a group of employees; or
• an industrial organisation (union) on behalf of an employee/employees.

One, or more, of the parties to the dispute may notify the Commission of the dispute. The Commission will then hold a conciliation conference with the parties in an attempt to resolve the issue. If the dispute cannot be resolved then the dispute may be referred to arbitration, where the matter is heard and considered and a decision is made by a Member of the Commission. 

To notify the Queensland Industrial Relations Commission of an industrial dispute you must complete and file in the Industrial Registry a Form 10 – Notice of industrial dispute.

Urgent after-hours matters: Only if the Industrial Registry is closed and you wish to notify the Industrial Registrar of an urgent industrial dispute, or make an urgent application to suspend or terminate protected industrial action, you should call the after-hours and weekend phone number on 0466 745 897.

Form 10, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. If you have not provided an email address, the Industrial Registry will be in contact with you requesting that you provide an appropriate email address. If you do not have an email address, then the Industrial Registry will communicate with you by post.

As outlined in Chapter 8 of the Industrial Relations Act 2016, the purpose of general protections are as follows: 

• to protect workplace rights;
• to protect freedom of association;
• to provide protection from workplace discrimination, and
• to provide effective relief for persons who have been discriminated against, victimised or otherwise adversely affected as a result of unfair treatment.

An employer must not take any "adverse action" against an employee, because that employee has a workplace right, has exercised a workplace right or proposes to exercise that workplace right.

Adverse actions taken against an employee or prospective employee might include:

• dismissing the employee;
• discriminating between employees;
• altering the position of the employee to their disadvantage;
• refuses to employ the prospective employee; or
• offering the prospective employee different (and unfair) terms and conditions, compared to others.

The process of an application relating to general protections is outlined in Practice Direction 4 of 2021.

Once an application is filed, the Respondent must provide a response within 10 business days outlining any objections to the application.

A conciliation conference held before a Member of the Commission is then scheduled in accordance with s 312 of the Industrial Relations Act 2016. Should conciliation be unsuccessful, a certificate is issued by the Commission and the matter may proceed to arbitration.

General protections applications are made under s 309 of the Industrial Relations Act 2016 and are commenced by completing and filing in the Registry a Form 2 - General Application to Queensland Industrial Relations Commission.

Form 2, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. If you have not provided an email address, the Industrial Registry will be in contact with you requesting that you provide an appropriate email address. If you do not have an email address, the Industrial Registry will communicate with you by post.

Collective bargaining is the process through which employees and employers create awards and agreements relating to wages and employment conditions. 

The parties negotiate, in good faith, with a view to reaching an agreement, however in the event that the negotiating parties can not reach agreement, the Commission may be able to provide assistance by way of conciliation, or the matter may proceed to arbitration.

Throughout the negotiation process, an employee organisation may apply to the Industrial Registrar for approval to engage in Protected Industrial Action.  For more information regarding this, please see the Practice Direction - PD 2 of 2021 - Approval to Engage In Protected Industrial Action.

If the negotiating parties reach an agreement, they may apply to the Commission for the agreement to be certified and, if applicable, to revoke a previous award or agreement.

Current awards and agreements are listed on this website.

The Forms related to collective bargaining are below:

Form 38 - Advice of intention to begin negotiations for a project agreement

Form 39 - Notice to be a party to a project agreement

Form 40 - Application for certificate as to requested representation

Form 41 - Certificate as to requested representation

Form 42 - Application for certificate of cessation of requirement in section 171(4)

Form 43 - Certificate of cessation of requirement under section 171(4)

Form 44 - Request for help to make certified agreement

Form 52 - Application for approval to engage in industrial action

The Forms related to the making, amendment or termination of an agreement/bargaining instrument are: 

Form 46 - Application for certification of agreement

Form 47 - Application for decision about designation award for a certified agreement

Form 48 - Application to extend nominal expiry date of bargaining instrument

Form 49 - Application to amend bargaining instrument

Form 50 - Notice of intention to terminate certified agreement or arbitration determination

Form 51 - Application for approval to terminate certified agreement or arbitration determination

These forms, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. If you have not provided an email address, the Industrial Registry will be in contact with you requesting that you provide an appropriate email address.  If you do not have an email address, the Industrial Registry will communicate with you by post.

Throughout the negotiation process, an employee organisation may apply to the Industrial Registrar for approval to engage in Protected Industrial Action.  For more information regarding this, please see the Practice Direction - PD 2 of 2021 - Approval to Engage n Protected Industrial Action.

Industrial action is defined in the Industrial Relations Act 2016 as a "lockout or strike".

A strike is when two or more employees employed by an employer conduct in a certain way (e.g. a ban on work, non-attendance etc) as part of the workplace bargaining process.

A lockout is the action taken by an employer to close a workplace or suspend or discontinue the employer's business, or any branch of it.

For further information about what is a lockout or strike, refer to schedule 5 of the Industrial Relations Act 2016.

Industrial action is considered to be protected industrial action if it is taken out during the negotiation period for a proposed bargaining agreement and the correct approval has been sought from the Industrial Registrar.

Industrial action is considered to be protected industrial action if it is taken out during the negotiation period for a proposed bargaining agreement and the correct approval has been sought from the Industrial Registrar.

Before the action is taken, notice must be given in accordance with s 236 of the Industrial Relations Act 2016.

The effect of being "protected" is that there are no legal proceedings which lie under any law for action taken for the protected industrial action except for action resulting in:

• personal injury;
• wilfull or reckless destruction of, or damage to, property; or
• the unlawful taking, keeping or use of property.

Defamation proceedings may also be brought for anything that happens during the protected industrial action.

If the protected industrial action is the lockout of an employee by the employer, then it is lawful for the employer to refuse to pay the employee for the period of the lockout.

Industrial action is not considered to be protected industrial action if it is engaged in:

• on or before the nominal expiry period of any existing instrument, or during any peace obligation period; or
• during arbitration of a proposed instrument.

In order for industrial action to be protected industrial action for a proposed bargaining instrument, it must first meet the requirements as set out in s 233 of the Industrial Relations Act 2016. Industrial action must be organised or engaged in to support or advance claims made in relation to a proposed industrial instrument, or responding to industrial action made by the other party.

For employees, prior to making such an application, the relevant employee organisation will seek its members' democratic views about the type of proposed industrial action to be taken. If the majority of members agree to take protected industrial action, then the employee organisation will make application to the Industrial Registrar to have the proposed industrial action approved under s 235 of the Industrial Relations Act 2016.

For information about the process in taking protected industrial action please see:

All forms, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances the Industrial Registry will communicate with you by email. If you have not provided an email address, the Industrial Registry will be in contact with you requesting that you provide an appropriate email address.  If you do not have an email address, the Industrial Registry will communicate with you by post.

In accordance with s 406B of the Industrial Relations Act 2016, an independent courier is a person who provides a service transporting goods using a courier vehicle (i.e. motor vehicle, bicycle or scooter).

Independent couriers may be engaged by a principal contractor who is a person who carries on a business which arranges for goods to be transported using two or more independent couriers.

A contract instrument outlines the remuneration and working conditions for independent couriers, ensuring that those remuneration and working conditions are:

• fair and just;
• comparable to those an employee would receive under this Act or an industrial instrument covering employees performing similar work;
• reflect prevailing minimum remuneration and working conditions of independent couriers covered, or to be covered, by the instrument.

There are two types of contract instruments being a contract determination or a negotiated agreement.

Contract Determination

The Commission may make a contract determination (either by application or by its own initiative) which fixes and regulates the minimum remuneration and working conditions for independent couriers under a class/different classes of courier service contracts.

In accordance with s 406O of the Industrial Relations Act 2016, applications (Form 2B – Application regarding Independent Couriers) for contract determinations may be made by:

• a principal contractor;
• two or more principal contractors (who are related bodies corporate within the meaning of the Corporations Act, or engaged in a joint venture/common enterprise; or undertake similar work;
• an employer organisation, federal organisation of employers, State peak council (of which principal contractors are members);
• an employee organisation, federal organisation of employees, or State peak council (of which independent couriers are members).

The Commission may also make an order exempting a person, contract, negotiated agreement or other matter from the operation of a contract determination.  

Negotiated Agreements

A negotiated agreement is a written agreement, which has been certified by the Commission, about the remuneration and working conditions of independent couriers engaged by a principal contractor in relation to a class of courier service contacts.

Like the collective bargaining process, parties must negotiate in good faith with a view to negotiating an agreement.  A negotiating party may ask the Commission to help the parties reach agreement throughout the negotiation process.

Once the negotiating parties reach agreement, they may apply to the Commission for the agreement to be certified.

For more information, refer to Chapter 10A of the Industrial Relations Act 2016.

The Forms related to the negotiation, making, amendment or termination of a contract instrument are:

Form 2B – Application regarding Independent Couriers 
Form 38 - Advice of intention to begin negotiations for a project or negotiated agreement
Form 39 - Notice to be a party to a project or negotiated agreement
Form 44 - Request for help to make a certified or negotiated agreement 
Form 46 - Application for certification of an agreement
Form 47 - Application for decision about designated award or contract determination for an agreement
Form 49 - Application to amend a bargaining instrument or negotiated agreement 
Form 50 - Notice of intention to terminate an agreement or determination
Form 51 - Application for approval to terminate an agreement or determination

These forms, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. Please ensure you provide an appropriate email address.
 

A courier service contract is a contract between a principal contractor and an independent courier under which the independent courier transports goods under arrangements made by the principal contractor.  It is not a contract of employment.

A courier service contract is an unfair contract if the contract:

• is harsh, unconscionable or unfair; or
• is against the public interest; or
• provides a total remuneration for work performed that is or would be less than that which would be received under a contract instrument, another industrial instrument, or the Act; or
• avoids the provisions of a contract instrument.

An application may be made to amend or declare void a courier service contract.  This application may be made on a Form 2B – Application regarding Independent Couriers.

The Form 2B - Application regarding Independent Couriers, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. Please ensure you provide an appropriate email address.
 

A courier service contract is unfairly terminated if termination of the contract is harsh, unjust or unreasonable.

If you, as an independent courier, believe that your courier service contract with a principal contractor was unfairly terminated, you may wish to make an unfair termination application for reinstatement or compensation.

The unfair termination application should be within 21 days after the termination has taken effect.

For more information, refer to Chapter 10A, Part 5, Division 2 of the Industrial Relations Act 2016.

The forms related to unfair termination applications are below:

Form 26 – Unfair Termination Application (Independent Couriers)

Form 26A – Principal Contractor Response to Unfair Termination Application

These forms, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. Please ensure you provide an appropriate email address.
 

In accordance with s 406ZZE of the Industrial Relations Act 2016, dispute resolution is available if a dispute exists between:

• a principal contractor, employer organisation or a federal organisation of employers, 
  and 
• an independent courier, employee organisation or federal organisation of employees.

The dispute may be about the interpretation or enforcement of a contract instrument, or another matter that would be considered an ‘industrial dispute’ pursuant to Chapter 6 of the Industrial Relations Act 2016.

Please refer to s 406ZZF for the interpretation of the applied provisions.

To notify the Commission of a dispute, you must complete and file in the Industrial Registry a Form 10 – Notice of industrial dispute.

The Form 10 – Notice of industrial dispute, and all other documents and material, can be filed at the Industrial Registry via the following methods:

In most instances, the Industrial Registry will communicate with you by email. Please ensure you provide an appropriate email address.