The Queensland Industrial Relations Act 1999 sets out the minimum standards or obligations of employment. Where the employer is a corporation, the Commonwealth or a waterside, maritime or flight crew entity then the Commonwealth Workplace Relations Amendment (Work Choices) Act 2005 now overrides the Queensland Act. Different industries or different businesses within those industries may have their own Industrial Award or Contract of Employment or Certified or Workplace Agreement, but they usually cannot offer less than the minimum provision set out in the Industrial Relations Act.
Formal agreements can now be put in place under the Commonwealth Workplace Relations Amendment (Work Choices) Act of 2005 as an alternative to an award.
It is recommended that you seek advice from Grant & Simpson Lawyers if you are an employer considered dismissing an employee to ensure that you follow the correct procedure to avoid an action for wrongful dismissal. Alternatively, if you are an employee we can advise you in respect of your rights to avoid dismissal or to enable an action for re-employment or compensation.
Further, if you are considering whether to set up a business as an independent contractor or employer, the Australian Tax Office, Workers' Compensation, Workplace Health and Safety and other departments, organisations or insurance companies can argue that a different arrangement applies which could cause significant hardship. You should consider obtaining legal advice on this issue.
For professional advice contact Allan Grant - Partner of our office on 07 4999 2000.