Queensland bill would give minister power to terminate strikes in public interest cases

Proposed laws also require three working days' notice for protected industrial action

By LineZotpaper
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Queensland's industrial relations minister would gain power to terminate protected industrial action in certain circumstances under proposed state laws introduced by Deputy Premier Jarrod Bleijie, who said they mirrored federal Fair Work legislation.

Deputy Premier and Industrial Relations Minister Jarrod Bleijie has introduced sweeping changes to Queensland's industrial relations laws that he said "mirrored as much as possible the Fair Work legislation."

The bill would allow the minister to terminate protected industrial action if satisfied there is a sufficient public interest justification, including where the action threatens life, personal safety, health or welfare, or risks significant damage to the state's economy. It would also require at least three working days' notice for protected industrial action.

Mr Bleijie said the powers would be used in "extraordinary situations" and would not remove the right to strike. "The striking ability is still there. We've kept arbitration. We've kept conciliation," he said.

This year Queensland Rail and seven unions spent months negotiating in the Fair Work Commission, with protected industrial action and a maintenance backlog resulting in reduced services and frequent delays for commuters. Mr Bleijie said he wrote to the federal industrial relations minister to intervene. "There was some militancy there," he said. If the rail situation had been a state rail issue under state laws, he suspected the government would have "absolutely" intervened. "There was too much disruption to commuters," he said.

Mr Bleijie said the proposed laws "essentially mimicked" federal laws introduced by Julia Gillard's government in 2009.

The state's industrial relations jurisdiction covers around 383,000 workers. The remaining estimated 2.66 million workers are covered by the Fair Work Act 2009.

The legislation follows an independent review of the state's industrial relations laws. Reviewers received written submissions from 97 stakeholders, representing employers, unions, workers, insurers and other key interest groups. The report made 104 recommendations, and the state government accepted 75 of them in full.

The proposed changes would also require employment to be the "major significant" contributing factor for psychological injury claims. Mr Bleijie told state parliament that accepted psychological injury claims had increased by almost 268 per cent over the past decade, including more than 76 per cent in the past five years.

Queensland's peak union body said the proposed changes would make it harder for frontline workers to access support for psychological injuries. Queensland Council of Unions General Secretary Jacqueline King said psychological injuries can have more than one contributing factor.

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Analysis

Why This Matters

  • The bill would give a single minister, not a tribunal, the power to end protected industrial action, changing the balance of Queensland's state industrial relations system.
  • It follows a year of rail disruption that affected commuters, and the government has framed the changes as a direct response to that experience.
  • The new test for psychological injury claims could affect how frontline workers access compensation.

Background

Queensland maintains its own industrial relations system for a portion of the state workforce, separate from the federal Fair Work framework. The proposed bill is based on an independent review of those state laws, which drew submissions from employers, unions, workers, insurers and other groups. The government says the changes track federal laws introduced in 2009 and are designed to limit intervention to rare, serious situations.

Key Perspectives

State government: The reforms will keep the right to strike while adding safeguards against disruption, and will address what it describes as a sharp rise in psychological injury claims. Queensland Council of Unions: The changes will make it harder for frontline workers to access support for psychological injuries, and the union body is opposed to the direction of the reforms. Review participants: The review heard from 97 stakeholders across employers, unions, workers and insurers. The government accepted 75 of its 104 recommendations in full, leaving the remaining recommendations subject to change or rejection.

What to Watch

  • Parliamentary debate and any amendments to the bill, particularly around the public interest test for terminating industrial action.
  • The union response, including any campaign against the notice requirement or the minister's new powers.
  • Whether the government ever invokes the powers in a future dispute, which would test the "extraordinary situations" threshold.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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