Non Compete Clause
What is a Non Compete Clause?
A non compete clause is a clause in a contract. These clauses aim to prevent a person from carrying out competing activities against another business. A contract may refer to
The Industrial Relations Act 2016 (Qld) (IR Act QLD) governs some employer-employee relationship in Queensland, Australia. Understanding its details is important for both employers and employees to deal with the possible challenges of industrial relations.
This article, written by our Brisbane employment lawyers, aims to provide insights into the application of the IR Act QLD, its key features, and other important provisions.
The Queensland Industrial Relations Commission (QIRC) serves as the primary regulatory body overseeing the implementation and interpretation of the IR Act QLD. The QIRC plays a vital role in mediating disputes, resolving industrial issues, and ensuring compliance with the IR Act QLD.
QIRC is a quasi-judicial body which has the power and authority to resolve industrial disputes through arbitration. It also has the authority to set workers’ wages and conditions. Additionally, QIRC can hear appeals related to decisions made under the IR Act QLD.
Its mission is to promote workplace harmony by upholding the principles of fairness, equity and justice in labour relations.
The IR Act was passed by the Queensland Parliament on 1 December 2016.
It’s essential to recognise that the IR Act QLD applies only to certain employers within the State of Queensland. The IR Act QLD governs entities associated with the State government, including departments and public service entities.
It also covers statutory bodies established under Queensland law, such as parents and citizens associations. Additionally, local governments and entities under local government legislation fall within its scope.
However, federal government employees fall under the Fair Work Act 2009 (Cth), illustrating the nuanced jurisdictional divisions within Australia’s industrial relations framework.
A standout feature of the IR Act QLD revolves around long service leave provisions. This significant entitlement grants employees extended periods of paid leave following a specific duration of continuous service.
The IR Act QLD outlines who is eligible, how much leave accrues, and the conditions for long service leave. This helps employers and employees understand their rights and responsibilities in this regard.
Employees are entitled to 8.6667 weeks of paid long service leave, after 10 years of continuous service. During this leave, the pay is at the regular rate, excluding overtime payments. This ensures fair compensation, acknowledging their dedicated service and supporting their well-being with paid time off.
An unfair dismissal means that an employees termination was harsh, unjust, or unreasonable.
Where the IR Act QLD applies, the IR Act QLD appoints the QIRC to handle such cases and make decisions based on each situation. Employees seeking redress under the IR Act QLD must follow the outlined procedures, including filing a claim with the QIRC within the specified timeframe.
Employers need to ensure fair and legal dismissal procedures to minimise legal risks.
The remedies available to the employees under the IR Act QLD are reinstatement, re-employment or compensation.
The IR Act QLD sets out provisions on the minimum employment standards. These standards serve as a safety net to define the minimum terms and conditions of employment in the State.
The minimum standards encompass various aspects of employment, including minimum wages, working hours, and leave entitlements. The standards also cover parental leave, long service leave, and leave for emergencies or jury service.
Adhering to these standards is fundamental for fostering a workplace that considers the welfare of its workforce.
In addition to the above provisions, other defining features of the IR Act QLD include:
Plus, the implementation of the QIRC as an independent umpire.
The Industrial Relations Act Qld applies to certain employees. These include private sector employers, state government employees and local government employees. Federal government employees fall under the Fair Work Act 2009.
The QIRC serves as the primary regulatory body, overseeing the implementation and interpretation of the Industrial Relations Act Qld. It plays a crucial role in mediating disputes, setting wages and conditions, and ensuring compliance with the Act.
The Act establishes the QIRC as the authority to hear unfair dismissal cases.
Employees seeking redress for unfair dismissal must adhere to specific procedures outlined in the Industrial Relations Act. Employees may lodge a claim with the QIRC within the prescribed timeframe.
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A non compete clause is a clause in a contract. These clauses aim to prevent a person from carrying out competing activities against another business. A contract may refer to
Non-compete clauses should be enforced when the business (usually an employer or new business purchaser): has advice from an employment law firm that the restraint is likely to be enforceable
There is a 21 day time limit that applies to applying for an unfair dismissal remedy. An employee will need to prove that there was an exceptional circumstance if they