The Queensland Government has announced reforms to the state’s industrial laws that include a more robust “fit and proper person” test for union officials.
It said the changes would ensure Queensland’s industrial relations laws were more closely aligned with national standards.
The changes would also “address union violence and ensure Queenslanders aren’t collateral damage in protracted industrial disputes”.
The reforms, announced this week, include tougher requirements for union officials, changes to industrial dispute resolution, greater powers for the Queensland Industrial Relations Commission and new provisions for public sector workers.
The Queensland Government has also announced reforms to the state’s workers’ compensation scheme aimed at containing rising insurance premiums, strengthening fraud prevention and improving the management of workplace injuries.
The Government said in a statement the industrial relations changes followed a statutory review and would bring Queensland’s legislation more closely into line with the Commonwealth Fair Work Act.
Under the proposed changes, union officials would be required to satisfy a fit-and-proper-person test to exercise lawful workplace right-of-entry powers.
The Government also plans to introduce measures aimed at reducing disruption to major projects and essential services during prolonged industrial disputes.
Other changes include streamlining dispute resolution processes to accelerate new pay and conditions agreements and increasing the resources and powers of the Queensland Industrial Relations Commission.
Public sector employees would retain existing flexible working arrangements and parental leave entitlements, while gaining additional provisions relating to enterprise bargaining and union representation.
These would include direct balloting as part of enterprise bargaining agreements, freedom of association and union membership protections, and increased whistleblower protections for union complaints.
Deputy Premier Jarrod Bleijie said the changes were intended to provide greater consistency with national workplace laws and improve the efficiency of industrial bargaining.
“Queensland is open for business and we’re backing aspirational Queenslanders as well as ensuring workers get the support they need so they can get back on their feet,” Mr Bleijie said.
“Fixing Labor’s broken bargaining framework to be fair and efficient will provide faster wage outcomes for workers dealing with cost of living pressures and certainty for Queenslanders with access to essential services.”
Civil Contractors Federation Queensland CEO Damian Long said the proposed changes would provide greater certainty for infrastructure projects.
“Aligning Queensland’s industrial relations laws with national standards and strengthening expectations around lawful conduct will provide greater confidence and certainty for businesses delivering the infrastructure projects our State relies on,” Mr Long said.
Local Government Association of Queensland CEO Alison Smith said councils had sought greater consistency in workplace and workers’ compensation laws.
“Queensland councils employ more than 45,000 people across the state. Our submission highlighted the need for greater consistency in workers’ compensation decision-making and stronger support for injured workers’ recovery and a safe, sustainable return to work,” Ms Smith said.
The Government’s separate WorkCover reforms are designed to address rising costs and the increasing number of psychological injury claims.
The Government estimates workers’ compensation premiums could increase by 26 percent over the next five years without changes to the scheme, potentially adding more than $1.46 billion a year to business costs by 2035.
It said psychological injury claims had increased by almost 268 percent over the past decade.
The proposed reforms include strengthening medical expertise within WorkCover, increasing maximum penalties for workers’ compensation fraud, allowing convictions to be recorded and taking stronger action against non-compliant insurers.
The Government said the changes would bring Queensland’s workers’ compensation arrangements closer to those operating in Victoria and New South Wales.
WorkCover Queensland Chair Chloé Kopilović said the proposed changes would help protect the long-term sustainability of the scheme.
“We support the recommendations and their focus on protecting the ongoing strength and sustainability of the scheme, whilst also strengthening the management and administration of the scheme to ensure fairness for workers and employers in Queensland,” she said.
“We now look forward to working with the Government and the Regulator to implement these important reforms for all Queenslanders.”
Slater and Gordon Lawyers said it was concerned proposed changes to workers’ compensation laws would make it harder for Queensland workers to access support for psychological injuries.
It said one of the recommendations the Government had accepted was to “increase the threshold of the connection to employment for compensable psychiatric or psychological injuries”.
This meant employment must be “the major significant contributing factor” to a psychological injury, no longer “a significant contributing factor”.
“This may not sound like a big change on paper, but we know that, in NSW and Victoria which have recently introduced similar reforms, there has been a narrowing of access to compensation for psychological injury, increased impairment thresholds, and increased pressure on funding for workers’ legal representation,” Slater and Gordon Queensland Head of Work and Road Claims, Bree Smith, said.
“In Victoria, for example, there has been a reported decrease in acceptance of psychological injury claims from around 80 percent to around 30 percent.
“This is not a coincidental drop – this is a direct consequence of reforms that make it harder for workers to access compensation.”
Business Chamber Queensland CEO Heidi Cooper said employers had raised concerns about rising costs and the complexity of the current system.
“More than three quarters of our businesses tell us that the current scheme is difficult to navigate and that costs are skyrocketing,” she said.
“Queensland’s small and family businesses are facing significant cost and operating pressures, and these reforms are an important step towards maintaining a workers’ compensation scheme that is affordable and sustainable for employers and workers alike.”
