Queensland's WorkCover and IR Overhaul Is in Parliament: a 'Fit and Proper' Test for Right of Entry and a Tighter Psych-Injury Bar. Brief Site Managers Before the Bill Moves.
On 14 October 2026 the Queensland Government released its response to the industrial relations and workers' compensation review — 75 of 104 recommendations accepted in full — and introduced the Industrial Relations and Other Legislation Amendment Bill 2026. It proposes a fit and proper person test for union officials seeking right of entry, limits on disruption to major projects, tougher WorkCover fraud penalties and a stricter test for psychological injury claims. It is not yet law.
Queensland's workplace overhaul is in Parliament
The Queensland Government has put a combined WorkCover and industrial relations package before Parliament, and builders are squarely in its sights. Deputy Premier and Industrial Relations Minister Jarrod Bleijie released the government's response to the statutory review in a ministerial statement on Wednesday 14 October 2026, and the ABC reported a bill was due to be introduced that evening. HIA confirmed on 15 October that the legislation had been introduced, and OHS Alert names it as the 182-page Industrial Relations and Other Legislation Amendment Bill 2026.
It is a bill, not law. The detail that matters on site — how the new tests are worded, who applies them and when they start — will be settled as the bill moves through Parliament and its committee process.
This article summarises the Queensland Government's statement and published reporting. It is not legal or industrial relations advice.
What the government says the package does
The review, led by former Law Council of Australia president Glenn Ferguson AM and former Queensland Industrial Relations Commission commissioner Gary Black, made 104 recommendations. The ABC reports the government accepted 75 in full and 14 in principle, noted six and did not accept nine.
On the worksite, the ministerial statement says Queensland's industrial relations laws will be amended to align with the Commonwealth Fair Work Act 2009 in several areas, including:
- a "fit and proper person" test that union officials must meet to exercise right of entry powers, requiring them to act lawfully and in their members' best interests
- provisions reflecting national and other states' laws so that major projects are not "unnecessarily disrupted" by protracted industrial disputes
- streamlined dispute resolution so new pay and conditions deals reach workers faster
- more resources and powers for the Queensland Industrial Relations Commission.
Brisbane Times reports the government also accepted a recommendation to give the industrial relations minister powers similar to his federal counterpart's to terminate protected industrial action, available only where the action threatens life, safety, health or welfare, damages the state economy, or is otherwise contrary to the public interest.
Mr Bleijie told Parliament the government was "determined to turn around the culture of violence and intimidation with the construction sector that has been laid bare by the Commission of Inquiry into the CFMEU", according to the ABC. He also said the reforms would not remove workers' right to strike for fairer pay. The ABC notes the review did not have the benefit of the CFMEU inquiry's findings, because that inquiry has been extended until December 2026.
WorkCover: the cost case and the tighter psych test
The government's statement says that without action, businesses would pay more than $1.46 billion a year in extra premiums by 2035, and that WorkCover premiums would rise 26% over the next five years. It says psychological injury claims have increased by almost 268% in the past decade. The ABC cites WorkCover's annual report: 4,110 mental injury claims accepted last financial year, up 108% from 1,974 in 2021–22.
The scheme changes in the statement include stronger medical expertise within WorkCover, higher maximum penalties and recorded convictions for workers' compensation fraud, and stronger action against non-compliant insurers. Brisbane Times reports two further measures: a regulator-appointed representative who reasonably believes fraud has occurred could suspend lump-sum compensation while it is investigated, and employment would need to be the major significant contributing factor in a psychological injury claim.
Unions have pushed back. Queensland Council of Unions general secretary Jacqueline King said the major-contributing-factor test "risks shutting workers out of compensation and access to the support they need", Brisbane Times reported.
| Item | What has been said | | --- | --- | | Status | Bill introduced week of 14 October 2026; not yet law, no start date named in the ministerial statement | | Review | 104 recommendations: 75 accepted in full, 14 in principle, 6 noted, 9 not accepted (ABC) | | Site access | "Fit and proper person" test for union officials exercising right of entry | | Disputes | Provisions so major projects aren't "unnecessarily disrupted"; ministerial power to end protected action in defined cases (Brisbane Times) | | WorkCover cost | $1.46b a year in extra premiums by 2035 and 26% premium rise in five years without action (Qld Government) | | Psych claims | Up almost 268% in a decade (Qld Government); 4,110 accepted last financial year vs 1,974 in 2021–22 (ABC) |
Where the builder groups landed
The industry bodies quoted in the statement backed the package. HIA Queensland executive director Michael Roberts said reforms that address claim pressures and fraud "will help avoid unnecessary cost increases for builders and tradies". Master Builders Queensland deputy CEO Michael Hopkins said that "by its nature, construction is physical work" and the reforms strike a balance between supporting injured workers and ensuring builders can afford to keep building their businesses. Civil Contractors Federation Queensland CEO Damian Long said alignment with national standards would give confidence to businesses delivering infrastructure.
What it means for the builder's desk
- Don't change site access rules yet. Until the bill passes and commences, current right of entry law applies. Brief site managers that a change is coming, but keep handling entry requests exactly as you do today, and keep a written record of each one.
- Watch the committee stage. The bill's wording will decide how the fit and proper test works and what counts as an unnecessary disruption. If your association is making a submission, feed it real examples from your projects.
- Don't read the psych test as a licence to relax. A tighter compensation test changes who gets paid, not your duty to manage psychosocial hazards. Queensland's WHS obligations still apply, so programme pressure, fatigue and conflict stay on the risk register.
- Get return-to-work basics right. Fraud penalties and medical oversight point to a scheme that will scrutinise claims harder. Lodge injuries promptly, keep return-to-work plans current and keep your own records clean.
- Budget premiums cautiously. The $1.46 billion and 26% figures are government projections of what happens without reform. How your premium actually moves will depend on the final law and your own claims history, so don't bank a saving before WorkCover sets rates.
Sources: Queensland Government ministerial media statement, Reforms to protect small and family businesses and workers (14 October 2026); ABC News, Queensland industrial relations review hands down report with 104 recommendations (14 October 2026); Brisbane Times, Qld industrial relations overhaul (14 October 2026); HIA, Workers' compensation shake-up puts costs in focus (15 October 2026); OHS Alert, Major psych reforms tighten claims access and clarify reasonable action exclusion.
