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SLI 2011 No. 144 Regulations as made
These Regulations amend the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 to require a number of employers in the Queensland social and community services sector to pay relevant employees in Queensland in accordance with a pay equity decision of the Queensland Industrial Relations Commission (QIRC), entitled Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5), made by the QIRC on 6 May 2009.
Administered by: Education, Employment and Workplace Relations
General Comments: These Regulations were repealed on 30 September 2011 by the Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011 after a motion to Disallow was raised on 14 September 2011.
Made 04 Aug 2011
Registered 08 Aug 2011
Tabled HR 18 Aug 2011
Tabled Senate 18 Aug 2011
Date of repeal 30 Sep 2011
Repealed by Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
14-Sep-2011
Expiry Date:
09-Nov-2011
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
30-Sep-2011
Resolution Time:
Provisions:

Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 144

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Dated 4 August 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS


1              Name of Regulations

                These Regulations are the Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on 1 October 2011.

3              Amendment of Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

                Schedule 1 amends the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009.


Schedule 1        Amendments

(regulation 3)

 

[1]           After regulation 3.03

insert

3.03A      Prescribed employers

                For paragraph 43 (2) (b) of Schedule 3 to the Act, an employer mentioned in Part 1 of Schedule 1 is prescribed.

3.03B     Prescribed source pay equity order

                For paragraph 43 (4) (d) of Schedule 3 to the Act, Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5) is prescribed.

3.03C     Modification of Schedule 3 to Act — payment of back pay

                For subitem 8 (1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following subitems after subitem 43 (7):

     ‘(7A)   An amount payable by the employer to an affected employee relating to the period:

                (a)    commencing when the transitional pay equity order takes effect; and

               (b)    ending immediately before the commencement of this subitem;

                is payable in accordance with the table of payments in the regulations made for this subitem.

      (7B)   However, if:

                (a)    a person:

                          (i)    is an affected employee on the Division 2B referral commencement; or

                         (ii)    becomes an affected employee after the Division 2B referral commencement but before the commencement of this subitem; and

               (b)    the person ceases to be employed by the employer at any time before 1 October 2014;

                the full amount payable to the person by the employer is payable on the later of the cessation of the person’s employment and the commencement of this subitem.’

[2]           After Part 4

insert

Part 4A               Transitional provisions for Schedule 16 to Act (compliance)

  

4A.01      Modification of item 7A of Schedule 16 to Act — prescribed employers

                For subitem 8 (1) of Schedule 2 to the Act, Schedule 16 to the Act is modified by substituting the note at the foot of subitem 7A (1) with the following:

Note 1   This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).

Note 2   This subitem applies to an employer on and after the date on which the employer is prescribed for paragraph 43 (2) (b) of Schedule 3.’

[3]           Regulation 5.12

omit

Schedule 1

insert

Schedule 2

[4]           Schedule 1

substitute

Schedule 1        Prescribed employers and payment of back pay

(regulations 3.03A and 3.03C)

Part 1               Prescribed employers

Item

Name of employer

1

139 Club Inc Welfare Centre

2

4 Walls Ltd

3

Aboriginal & Torres Strait Islander Women’s Legal and Advocacy Service NQ Inc

4

Aboriginal and Islander Community Resource Agency Aboriginal Corporation

5

Aboriginal and Islanders Development and Recreational Women’s Association Mount Isa and District Inc

6

Abused Child Trust Inc

7

Acacia Ridge Community Support Inc

8

Access Arts Inc

9

Access Community Housing Company Limited

10

Access Recreation Inc

11

ACRO Australian Community Safety and Research Organisation Inc

12

Alcohol and Drug Foundation Queensland

13

Alzheimer’s Association of Queensland

14

Anglicare – Central Queensland Limited

15

Anglicare – North Queensland Limited

16

ARAFMI Queensland Inc

17

Australian Red Cross Queensland

18

Autism Queensland Inc

19

Avenues Lifestyle Support Assoc Inc

20

Bahloo Women’s Youth Shelter Association Inc

21

Bamagau Kazil Torres Strait Islander Corporation

22

Barambah Accommodation Support Service Inc

23

Bay Islands Community Services Inc

24

Bay Support Services Group Inc

25

Bayside Adolescent Boarding Inc

26

Bayside Respite Care Association Inc

27

Beaudesert Shire Health and Welfare Association Inc

28

Beenleigh District Community Development Association Inc

29

Better Hearing Australia Inc

30

Booval Community Services Inc

31

Born Free Club Ltd

32

Bowen Community Council Inc

33

BoysTown

34

Brain Injury Assoc Qld Inc

35

Breakaway Inc

36

Bribie Island and District Neighbourhood Centre Association Inc

37

BRIC Housing

38

Brisbane Youth Service Inc

39

Bundaberg Area Youth Service Inc

40

Burdekin Community Association Inc

41

Burnett Respite Services Inc

42

Caboolture Community Care Inc

43

Caboolture Family Haven Inc

44

Cairns Community Legal Centre

45

Cairns Regional Domestic Violence Service Inc

46

Capricornia Respite Care Assn Inc

47

Caravan and Manufactured Home Residents Association of Queensland Incorporated

48

Care Goondiwindi Association Inc

49

Carina Youth Agency Inc

50

Caxton Legal Centre Inc

51

Central Queensland Community Legal Centre Inc

52

Chameleon Regional Community Housing, Accommodation and Welfare Association Inc

53

Charleville and District Community Support Association Inc

54

Charters Towers Neighbourhood Centre Inc

55

Children By Choice Association Inc

56

Chisholm Inc

57

Churches of Christ in Queensland

58

Coalition on Criminal Assault in the Home (North Queensland) Inc

59

Coastal Accommodation Support Services Incorporated

60

CODA South Carers Of Disabled Adults Assoc Inc

61

Collinsville Community Association Inc

62

Community Access & Transition Serv Inc

63

Community Access Respite Service Inc

64

Community Action in Carole Park Inc

65

Community Connection Inc

66

Community Development Services Inc

67

Community Emergency Support Centre Inc

68

Community Housing and Information Centre Incorporated

69

Community Lifestyle Support Inc

70

Community Rent Scheme Association Townsville Incorporated

71

Community Solutions Inc

72

Compass Whitsundays Inc

73

Cooloola Youth Service Inc

74

Cooroy Family Support Centre Inc

75

Cystic Fibrosis Queensland Ltd

76

Darumbal Community Youth Service Inc

77

Deaf Services Queensland

78

Deception Bay Neighbourhood Centre Inc

79

Diabetes Australia – Queensland

80

Domestic Violence Prevention Centre Gold Coast Inc

81

Domestic Violence Resource Centre Inc

82

Domestic Violence Resource Service (Mackay and Region) Inc

83

Douglas Shire Community Services Assoc Inc

84

Dundalli Aboriginal and Torres Strait Islanders Corporation for Youth

85

Dvconnect Ltd

86

Dysart Community Support Group Inc

87

Eacham Community Help Organisation Inc

88

Eagleby Community Association Inc

89

EDON Place Women’s Domestic Violence Service Inc

90

Emergency and Long Term Accommodation Moranbah Inc

91

Enhanced Care Assoc Inc

92

Epilepsy Queensland Inc

93

Erin House Inc

94

Family Emergency Accommodation Townsville Inc

95

Family Planning Queensland

96

First Contact Aboriginal Corporation for Youth

97

Foundation for Independence Recreation & Social Training Inc

98

Fraser Coast Family Networks Inc

99

Fraser Coast Housing Services Inc

100

FSG Australia

101

Gallang Place Aboriginal and Torres Strait Islanders Corporation

102

Gateway Community Group Inc

103

George Street Neighbourhood Centre Association Inc

104

Girls Time Out Young Women’s Support Service Inc

105

Girudala Community Co-Operative Society Limited

106

Gladstone & District Respite Care Association Incorporated

107

Gladstone Community Linking Agency Inc

108

Gold Coast Drug Council Inc

109

Gold Coast Project for Homeless Youth Inc

110

Gold Coast Recreation & Sport Inc

111

Gold Coast Youth Service Inc

112

Goobidi-Bamanga Community Advancement Cooperative Society Ltd

113

Goodna Youth Services Inc

114

Greek Orthodox Community of St George Brisbane

115

Guide Dogs For The Blind Association of Queensland

116

Gympie and District Community Centreplace Inc

117

Handihome Sunnybank Inc

118

Hannah’s House

119

Headway Gold Coast Inc

120

Help Handicapped Enter Life Project (HHELP) Darling Downs Inc

121

Hinchinbrook Community Support Centre Inc

122

Home Support Association Inc

123

Homelife Assoc Inc

124

Homes West Association Inc

125

Horizon Foundation Inc

126

ICYS Ipswich Community Youth Service Inc

127

Inala Community House

128

Inala Family Accommodation and Support Service Inc

129

Inala Youth Care Community Inc

130

Inclusion Works Association Inc

131

Independent Advocacy In The Tropics Inc

132

Ingham Parents Support Group Inc

133

Injilinji Aboriginal and Torres Strait Islander Corporation for Children and Youth Services

134

Inner Northern Community Housing Brisbane Association Incorporated

135

Innisfail District Flexi Respite Assoc Inc

136

Innisfail Youth and Family Care Inc

137

Integrated Family And Youth Service Incorporated

138

Intellectually Handicapped Persons Association Qld

139

Ipswich & West Moreton Clubhouse Association Incorporated

140

Ipswich Independent Youth Service Inc

141

Ipswich Women’s Shelter Inc

142

Jabiru Community Youth and Children’s Services Association Inc

143

Jupiter Mossman Community Cooperative Society Ltd

144

Juwarki Kapu-Lug Aboriginal and Torres Strait Islanders Corporation

145

Kalyan Youth Service Inc

146

Keppel Community Care Association Inc

147

Kingston East Neighbourhood Group Inc

148

Kith And Kin Association Limited

149

Koongoora Inc

150

Kummara Association Inc

151

Kyabra Community Association Inc

152

Laidley Crisis Care and Accommodation

153

Leisure Connections Assn Inc

154

Lifestyle Options Inc

155

Link In Association Sunshine Coast Inc

156

Link-Up (Qld) Aboriginal Corporation

157

Lions Emergency Accommodation Centre Inc

158

Logan Women’s Health & Wellbeing Centre Inc

159

Lutheran Church of Australia Queensland District – Lutheran Community Care

160

Lyons House Inc

161

Mackay Aboriginal and Torres Strait Islander Corporation for Alternative Care and Foster Care Service

162

Mackay Advocacy Inc

163

Mackay And District Respite Care Association Inc

164

Mackay Family Care & Community Support Inc

165

Mackay Women’s Centre Inc

166

Mackay Youth Support Service Inc

167

Mainstream Community Assoc Inc

168

Mamre Association Inc

169

Mangrove Housing Association Incorporated

170

Marlin Coast Neighbourhood Centre Inc

171

Maroochy Neighbourhood Centre Inc

172

Marsden Families Program

173

Maybanke Association Inc

174

Micah Projects Inc

175

Migrant Women’s Emergency Support Service Inc

176

Mobile Attendant Care Service Inc

177

MontroseAccess

178

Mount Isa Community Development Association Incorporated

179

Mount Isa Youth Shelter Inc

180

Mt Gravatt District Community Support Inc

181

Multicap

182

Multilink Community Services Inc

183

Multiple Sclerosis Society of Queensland

184

Mundubbera Community Development Association Inc

185

Murilla Community Centre Inc

186

Nambour Community Centre Inc

187

National Heart Foundation of Australia (Q’ld Division)

188

Neighbourhood Centre Caboolture Inc

189

Nerang Neighbourhood Centre Inc

190

New Farm Neighbourhood Centre Inc

191

North Queensland Aboriginal & Torres Strait Islanders Aged & Disabled Care

192

North Queensland Combined Women’s Services Inc

193

North Queensland Prisoners Aid Society

194

North Queensland Women’s Legal Service

195

North Townsville Community Hub Inc

196

North West Youth Accommodation Service Inc

197

North-East Community Support Group Inc

198

Nundah Community Support Group Inc

199

Older Women’s Network (Queensland) Inc

200

Open Minds Australia

201

Othila’s – Young Women’s Housing and Support Service Inc

202

Ozcare

203

Peace Lutheran Church Gatton

204

Peirson Services

205

Phoenix House Association Inc

206

Playgroup Association of Queensland Inc

207

Port Douglas Community Services Network Inc

208

Port Kennedy Association Incorporated

209

Pregnancy Help Queensland Inc

210

Prison Fellowship of Australia Queensland Council

211

Prison Transport Group Inc

212

Prisoners Legal Service

213

Protect All Children Today (PACT) Inc

214

Qld Rec & Sport Assn For People With Intellectual Disability

215

Quality Lifestyle Alliance Inc

216

Quality Lifestyle Support Pty Ltd

217

Queensland Advocacy Incorporated

218

Queensland Aged & Disability Advocacy

219

Queensland Association for Healthy Communities Inc

220

Queensland Injectors Health Network Limited

221

Queensland Lifestyle Services

222

Queensland Program of Assistance for Survivors of Torture & Trauma Assn Inc

223

Queensland Youth Services Inc

224

Ravenshoe Community Centre Inc

225

Redland Community Centre Inc

226

Redland Respite Care Committee Inc

227

Refugee & Immigration Legal Service

228

Regional Housing Limited

229

Rockhampton Women’s Shelter Inc

230

Roma Community Legal Service

231

Roseberry Community Services Inc

232

Royal Queensland Bush Children’s Health Scheme

233

Rural Lifestyle Options Association Inc

234

Ruth’s Women’s Shelter Cairns Inc

235

Sandgate And Bracken Ridge Action Group Incorporated

236

Save the Children Australia – Queensland Division

237

Sera’s Women’s Shelter Inc

238

Share Bayside Incorporated

239

Sharehouse Youth Accommodation Program Inc

240

Sherwood Neighbourhood Centre Inc

241

Silky Oaks Children’s Haven

242

Sisters Inside Inc

243

Southside Community Care Inc

244

Speaking Up For You Group Inc

245

Spinal Injuries Association Inc

246

St Vincent de Paul Society Queensland

247

Stepping Stone Clubhouse Inc

248

Sunshine Coast Children’s Therapy Centre Inc

249

Sunshine Coast Independent Living Service

250

Sunshine Coast Link Family Scheme Inc

251

Sunshine Coast Regional Housing Council Inc

252

Sunshine Cooloola Services Against Sexual Violence Inc

253

Sunshine Welfare & Remedial Association Inc

254

Supported Options In Lifestyle And Access Services Inc

255

Supporting People in Respite And Lifestyles Inc

256

Surfers Paradise Anglican Crisis Care Inc

257

Tableland Community Housing Association Incorporated

258

Tableland Community Link Association Incorporated

259

Tableland Respite Care Association Inc

260

Tableland Women’s Centre Inc

261

Tablelands Rape & Incest Crisis Centre Inc

262

Tara and District Family Support Committee Inc

263

Teen Challenge International Queensland Inc

264

The Advocacy And Support Centre Inc

265

The Baptist Union of Queensland Community Services Group – Queensland Baptist Care

266

The Brook Recovery Empowerment & Development Centre Inc

267

The Corporation of the Roman Catholic Diocese of Toowoomba Centacare

268

The Corporation of the Synod of the Diocese of Brisbane – Spiritus\Kinections\Anglicare

269

The Corporation Of The Trustees Of The Order Of The Sisters Of Mercy In Queensland

270

The Haven Association Inc

271

The Lodge Youth Support Service Inc

272

The Richmond Fellowship Of Queensland

273

The Salvation Army (Qld) Property Trust

274

The Schizophrenia Fellowship Of Queensland Inc

275

The Spot Community Services Ltd

276

The Uniting Church in Australia (Q) – Blair Athol Accommodation and Support Programme

277

The Women’s Community Aid Association (Qld) Ltd

278

The Women’s Legal Service Inc

279

Toowoomba and District Youth Service Inc

280

Toowoomba Community Housing Service Incorporated

281

Townsville Aboriginal and Islanders Health Services Ltd

282

Townsville Community Legal Service

283

Townsville Independence Program For Adult Community Living

284

Tully Support Centre Inc

285

United Synergies Limited

286

WWILD – Sexual Violence Prevention Association Inc

287

Warringu Aboriginal and Torres Strait Islander Corporation

288

Weipa Community Care Association Inc

289

Welfare Rights Centre

290

Wesley Mission Brisbane

291

West End Family Care Services Inc

292

Whitsunday Community Services Inc

293

Whitsunday Crisis and Counselling Service Inc

294

Wide Bay Sexual Assault Association Inc

295

Wide Bay Women’s Health Centre Incorporated

296

Windana Support Centre Inc

297

Womens Centre Cairns Inc

298

Women’s Health Awareness Group of Gladstone Inc

299

Women’s Health Information and Referral Service Central Queensland Inc

300

Women’s Health Queensland Wide Inc

301

Working Against Violence Support Service Inc

302

Xavier Children’s Support Network

303

Yarrabah Aboriginal Corporation for Women

304

Yoorana Women’s Domestic Violence and Resource Service Inc

305

Young Parents Program Inc

306

Young Women’s Place Inc

307

Youth & Family Service (Logan City) Inc

308

Youth Emergency Services Inc

309

Youth Empowered Towards Independence Inc

310

Youth Housing Project Association Inc

311

Youth Service Providers Inc

312

Youthcare Hervey Bay Inc

313

Youthcare Pine Rivers Inc

314

Yuenmanda (Elder Clan Women) Aboriginal Corporation

315

Yumba-Meta Housing Association Ltd

316

Zig Zag Young Women’s Resource Centre Inc

Part 2          Table of payments

Table 2

Item

Date of payment

Amount payable as percentage of total amount owed

1

1 October 2011

35%

2

1 October 2012

30%

3

1 October 2013

20%

4

1 October 2014

15%

Schedule 2        Modification of Act — redundancy or redeployment

(regulation 5.12)

  

[1]           Schedule 4 to the Act, after subitem 5 (4)

insert

         (5)   In this item:

an entitlement to redundancy pay includes an entitlement for an employee to enter into a retention or redeployment period.

retention or redeployment period means a period of employment (however described) performed by an employee for an employer as an alternative to:

                (a)    the employment of the employee being terminated immediately due to redundancy; and

               (b)    the employee receiving redundancy pay from the employee’s employer.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.