Queensland. The Queensland residential tenancies laws may apply to accommodation on farms where the accommodation is not a part of the wider commercial lease of the farming property. Whilst residential tenancy laws can protect both the tenant and the landlord, the notice periods for ending the tenancy (four weeks) can be problematic when accommodation has been part of a remuneration package and an employee leaves as a result of their employment being terminated either with notice but particularly when dismissed summarily for misconduct. In these circumstances the only avenue available to the employer is to make an application to the tenancy tribunal to have the lease terminated earlier on the ground of hardship. NOTE (9.1) RATES OF PAY Pay rates should be expressed as hourly rates. The amounts entered here will depend upon calculations based on the Better Off Overall Test. (See calculator on the previous page) Pastoral Award 2020 The Pastoral Award 2020 applies to national system employers in the dairy industry. This award creates five separate classifications for dairy farm employees with different rates of pay for each classification and these classifications should be considered when setting pay rates. The classifications reflect the different experience and skills of employees. The classifications are as follows: Dairy operator grade 1A Dairy operator grade 1B Dairy operator grade 2 Senior Dairy operator grade 1 Senior Dairy operator grade 2 Pay rates As pay rates vary no pay rates are included in this document. Go to the following websites for more information: Pastoral Award 2020 http://www.fwa.gov.au/documents/modern_awards/pdf/MA000035.pdf National minimum wage http://www.fwa.gov.au/index.cfm?pagename=minlatest
Queensland. Queensland is approaching the issue of long term leases in remote Indigenous communities in a comprehensive way. It has agreed to take leases over all housing in remote communities, including existing stock. It has had to amend various pieces of state legislation to simplify long-term leasing for social housing and other investment in the state’s remote Deed of Grant in Trust (DOGIT) communities. Amendments have been necessary to the Aboriginal Land Act 1991, the Torres Strait Islander Land Act 1991, the Aborigines and Torres Strait Islander (Land Holding) Act 1985, the Sustainable Planning Act 2009 and the Land Act 1994. Recently, the Aboriginal and Torres Strait Land Holding Act 2013 has been passed. The legislation replaces the Aborigines and Torres Strait Islander (Land Holding) Act 1985 and enables approximately 400 unresolved applications for perpetual leases to be addressed. Resolving these issues may enable home ownership for many applicants or their beneficiaries. The legislation also includes other measures, including the enabling of subdivision of DOGIT land. Lease negotiations for social housing in Queensland involve a two-part process. A Deed of Agreement to Lease is negotiated, following in-principle agreement by an Indigenous Council and checks regarding Native Title compliance. This enables work for social housing to commence. A range of planning work is then undertaken, including checks of relevant Land Use Planning Schemes, lot surveys and road plans. A development application is then submitted, and once it is approved, a 40-year social housing lease is executed. These leases are then able to be converted to 99-year home ownership leases without the need for additional time consuming processes. At time of drafting this report, 1347 leases and 1086 Deeds of Agreement to lease are in place for social housing lots in 14 communities. The major focus of the construction program in Queensland to date has been to construct on available land. As land is scarce in many Indigenous communities, to deliver the construction program over the final half of the program, new lots will need to be created and infrastructure developed to meet the delivery targets. Queensland faces particular challenges in negotiating land reform outcomes in remote Indigenous communities, because of the need to work with Indigenous Local Government Councils. Having the formal local government arrangements in place in remote communities can be an advantage in terms of local ad...
Queensland. In order to obtain a wine merchant's licence to sell wine, the business conducted by a person under the licence must contribute to the Queensland wine industry in a substantial way. In order to obtain a wine producer's licence to sell wine, a person must be selling wine made from fruit grown by the person on the premises to which the licence relates, or selling wine made by the person on the premises to which the licence relates.
Queensland. Queensland is also implementing ICHO reform on a sector-wide basis, and had commenced the reform process ahead of the NPARIH. There are 80 ICHOs of varying sizes in Queensland, with around 2000 dwellings. At this point, 33 of the ICHOs, with around 40 per cent of the total stock, have agreed to participate in the reforms. A significant number have not agreed to participate and still sit outside the reforms. In Queensland, the process has involved registering under the state’s One Social Housing System, which covers public housing and mainstream community housing providers across the state, transferring stock or entering into a partnership with another provider. Organisations continuing as providers have been provided with operational assistance to help them operate with this system. ICHOs registering under the One Social Housing System are given some flexibility to recognise their specific circumstances, including a split portfolio option, where only a proportion of their stock transfers across to the One Social Housing System, and exemptions from eligibility requirements for existing tenants for five years. Western Australia Western Australia has 12 ICHOs with approximately 400 properties. Where ICHOs demonstrate appropriate capacity, they are registered under the state’s mainstream Community Housing Regulatory Framework or may elect to enter into a lease that would see their stock managed by another ICHO. Two ICHOs are registered and another has leased its properties to another ICHO. WA has been investing in Business Development Programs for four large ICHOs with the aim of supporting their registration.
Queensland. Sub-agency expansion – in particular within postcode ranges listed below: • 4051 – 4055 • Sub-Agency expansion (2 Outlets) • 4100 – 4120 • Sub-Agency expansion (2 Outlets) • 4150 – 4200 • Sub-Agency expansion (3 Outlets) • 4200 – 4220 • Sub-Agency expansion (2 Outlets) • 4300 – 4305 • Sub-Agency expansion (2 Outlets) • 4500 – 4510 • Sub-Agency expansion (2 outlets)
Queensland. Certain leases (obtained at ballot), and other leases at the discretion of the Minister, may be subject to a condition that the lessee personally lives on the lease for the first seven years of its term. While all changes to ownership of land must be registered, there is an additional duty on foreign land holders to disclose, through a prescribed notification, present interests in and acquisitions of land, disposal of interests in land and notification on ceasing to be or becoming a foreign person. Failure to provide the information causes a breach of the Act that may result in prosecution, the imposition of financial penalties and/or forfeiture of the interest in the land to the Crown.
Queensland. In Central Queensland, agreements between coal companies and native title parties have tended to be based on a fixed upfront cash payment or fixed annual payments, rather than benefits based on production. Smaller companies, however, prefer a production-based payment as it does not require expenditure upfront and often they will have sold the operation by the time production starts. For metalliferous mining, such as in the North West Minerals Province, a native title lawyer told CSRM that an ad valorem payment has been used for small agreements, such as 1% or 1.5% of gross metal value. In the Queensland oil and gas sector, smaller agreements for domestic gas production have followed a similar approach to those in the Northern Territory and South Australia, with payments to Traditional Owners being calculated using the state’s royalty formula regarding a percentage of well- head. For the gas field elements of coal seam gas projects, however, the higher value of the LNG being produced for export seems to have led to a different approach to calculating payments. There has been a preference for calculating fixed payments based on a valuation of the impact on land, rather than an ongoing royalty based on production or profit. In reality, because the impact on land or on Indigenous parties’ interests and rights are hard to value, the agreement comes down to a commercial negotiation regarding what a company is willing to pay for access to land. For oil and gas pipelines, benefits are calculated based on kilometre of pipeline. A number of sources told CSRM that this rate has increased considerably over the past ten years. As recently as 2005, agreements included a rate of $1000-2000 per kilometre and the negotiations for the PNG gas pipeline leading up to 2007 is understood to have been around a rate for $2000-4000. By contrast, in 2011 the usual rate is between $5000-8000 per kilometre, with some claimants seeking up to $10,000. It was suggested by one lawyer who represents Indigenous parties that the race between the coal seam gas companies to get projects operational had created upward pressure on this rate. One consequence is that coal companies seeking to negotiate access for rail corridors are now faced with a much higher going rate than they had previously encountered.
Queensland. The Queensland residential tenancies laws may apply to accommodation on farms where the accommodation is not a part of the wider commercial lease of the farming property. Whilst residential tenancy laws can protect both the tenant and the landlord, the notice periods for ending the tenancy (four weeks) can be problematic when accommodation has been part of a remuneration package and an employee leaves as a result of their employment being terminated either with notice but particularly when dismissed summarily for misconduct. In these circumstances the only avenue available to the employer is to make an application to the tenancy tribunal to have the lease terminated earlier on the ground of hardship. This document is a guide only and professional advice should be sought about your specific circumstances