Last updated 24 May 2017
Legislation passed by state and federal governments requires both employer and employee to regulate their conduct in relation to one another by imposing certain minimum standards. In that regard, relevant minimum standards are imposed in Queensland by the:
- Industrial Relations Act 2016 (Qld) (IR Act)
- Anti-Discrimination Act 1991 (Qld) (Anti-discrimination Act)
- Work Health and Safety Act 2011 (Qld) (WHS Act)
- Workers’ Compensation and Rehabilitation Act 2003 (Qld) (Workers’ Compensation Act).
Employees who are employed in the Queensland public sector or by a Queensland local government are covered by the above legislation, however, the unique position of those employees is beyond the scope of this chapter.
All employees who are employed by an employer other than the Queensland public sector or a Queensland local government are covered by the Fair Work Act 2009 (Cth) (Fair Work Act).
In addition, there are various federal laws dealing with discrimination, which impact on all contracts of employment.
Despite federal control of industrial relations, there are still some elements of the working relationship that continue to be regulated by state legislation.
In Queensland, a compulsory workers’ compensation scheme is provided by the Workers’ Compensation Act, requiring all employers to insure their employees against injury or illness occurring at work, or in circumstances that are considered to be work related. Similarly, the Anti-discrimination Act and WHS Act also apply to employees in the federal system.