James West Ltd operates a fishing fleet in the Torres Strait of Australia. The company relies on a dedicated workforce of fly-in-fly-out (FIFO) workers to conduct its operations efficiently and maintain production levels. The Queensland Fishing Industry Workers Act 2024 (Qld) In 2024, the Parliament of Queensland passed the Fishing Industry Workers Act 2024 (Qld) to regulate the working conditions and safety of offshore fishing industry workers in the state. The legislation aimed to address concerns regarding fishing industry worker well- being, improve safety standards, and establish fair employment practices in the offshore fishing industry. Section 4 of the Fishing Industry Workers Act 2024 (Qld) titled "Working Hours and Compensation," outlines the provisions related to remuneration and working hours for fishing industry workers. 4a) states that workers are entitled to receive compensation at a rate agreed upon between the worker and their employer. 4b) states workers are not obliged to work more than 11 hours per day. 4c) states any work performed beyond this limit entitles the worker to overtime compensation at a rate of 2.5 times their agreed remuneration. Section 5 of the Act pertains to rostered work for fishing industry employees. 5a) states that workers must be scheduled on a rostered basis, ensuring a suitable balance between work and rest. 5b) specifies that workers should be rostered to work for a continuous period of 14 days, followed by a corresponding period of leave. 5c) states this roster system allows for efficient staffing on the fishing boats while providing adequate rest periods for the workers. Considering the safety risks inherent in the fishing industry, the Fishing Industry Workers Act 2024 also includes provisions for "Safety Leave." In recognition of the changing nature of employment in the sector, the legislation establishes a portable system for Safety Leave.

Section 6 of the Act provides that workers become eligible for Safety Leave after five years of continuous service in the fishing industry, irrespective of their employment with different employers during that period. 6a) states employers are required to contribute a Safety Leave charge equivalent to 5% of the total remuneration paid to each worker monthly into a designated Safety Leave Fund. 6b) states when a worker takes Safety Leave, their employer pays their wages for that period and subsequently receives reimbursement from the Safety Leave Fund. 6c) States that leave may be extended by taking leave at half-pay The Commonwealth Act In parallel, the Commonwealth Industrial Relations Commission (CIRC) possesses the authority to issue awards governing employment entitlements across Australian industries. Under Schedule 2 of the Industrial Relations Commission Act 1903 (Cth), the CIRC has issued an award addressing the rights and conditions of FIFO workers, including those employed in the offshore fishing industry. This award was crafted following consultations with relevant industry organisations and trade unions. Clause 1 of the CIRC Award states that FIFO workers are entitled to remuneration at a rate agreed upon between the worker and their employer. This provision ensures that workers receive fair compensation for their services. Clause 2 stipulates that FIFO workers cannot be compelled or directed to work on weekends, guaranteeing workers 2 days of rest and promoting a healthy work-life balance. Clause 3 allows FIFO workers to work up to 12 hours per day, with agreed-upon overtime rates to ensure adequate compensation for extended work hours. Regarding safety leave, Clause 4 of the CIRC Award acknowledges the necessity of such leave in dangerous industries, including the offshore fishing sector. It guarantees FIFO workers one week of safety leave for each year of continuous service. The clause details various provisions for taking safety leave, including minimum leave durations, the option of extending leave at reduced pay to accommodate personal circumstances and entitlement to payment in lieu of accrued safety leave upon termination. However, the CIRC Award does not establish a portable system or require the collection of funds similar to the Safety Leave Fund outlined in the Fishing Industry Workers Act 2024 (Qld). Section 1 of the Industrial Relations Commission Act 1903 (Cth) provides that an award made pursuant to schedule 2 is intended to prevail over any contrary law of a State to the extent of any inconsistency. James West Ltd want to know if it can retain the 14-day working period. Further, FIFO workers are currently only working 11 hours a day, but James West would like to know if it can increase those rostered hours to 12 hours a day without increasing its wages bill through overtime. Finally, it doesn't want to contribute to the State's Safety Leave Fund. You are General counsel to James West.

With reference only to Section 109 of the Constitution, advise James West. In answering that question, assume that the Commonwealth Act is a valid exercise of Commonwealth legislative power.