A fair and equitable industrial relations system
Private Sector Industrial Relations Services
What we do
Priorities for 2006-07
Key outcome: A fair and equitable industrial relations system
Key priorities and achievements
Policy leadership
Service delivery
In the year ahead
This output delivers private sector industrial relations services including:
- advice to government on industrial relations legislation and policy and facilitating the implementation of that legislation and policy
- compliance and information services in relation to industrial relations legislation and industrial instruments
- representing government in industrial tribunals and courts.
Private Sector Industrial Relations Services
A statewide inspectorate provides compliance services and information to the community on industrial relations legislation, awards and agreements.
Key stakeholders include government, employers, unions and employees.
Resources
Note: The decrease in staff numbers in 2005-06 is mainly due to the cessation of the Check your Pay Web Service initiative on 30 June 2006, the non-filling of vacant positions until the outcome of the Queensland Government's High Court challenge to the federal government's WorkChoices legislation is known and reallocation of internal corporate support for strategic and tactical level services
What we do
- information services related to wages, conditions, trading hours, public holidays, and private employment agents
- compliance services delivering inspectorial and investigative services
- advice to government on industrial relations legislation and policy and facilitating the implementation of that legislation and policy.
Priorities for 2006-07
- Implement the Smart Workplaces program to demonstrate the links between cooperative employer/worker decision-making and improved safety, fairness and productivity. This includes developing guides and tools to help employers and unions to achieve better industrial relations outcomes.
- Focus our information, advice and audit activities on assisting vulnerable workers impacted by the federal government's WorkChoices changes. A 1300 Hotline, part of the Fair Go Queensland Advisory Service, will provide information and advice about the new industrial relations system. Changes in workplace conditions will be closely monitored.
- Undertake a new audit function related to child employment legislation (effective 1 July 2006) and other compliance activities targeted at non-incorporated bodies.
- Continue to promote the Work and Family Measure and pilot program outcomes.
Key outcome: A fair and equitable industrial relations system
Queensland's positive industrial relations climate is one of the reasons for the state's continued strong economic growth. The Queensland industrial relations system has also helped ensure the lowest levels of industrial disputation in decades. Queensland's average quarterly strike rate for the 12 months ending 30 June 2006 was 2.5 working days lost per 1,000 employees. For Australia, the average quarterly strike rate was 5.4 working days lost per 1,000 employees.
Key priorities and achievements
What we said we would do |
Achievements |
|---|---|
Develop and implement policies to promote productive quality workplaces.
|
|
Use evidence-based methodologies to improve the effectiveness of interventions.
|
|
Engage with stakeholders to improve policy development and service delivery. |
|
Influence the national industrial relations agenda.
|
|
Policy leadership
Strategies
- develop policy frameworks to address social and economic change and achieve quality workplaces
- develop, support and review strategic and intervention frameworks to achieve effective outcomes.
Action
This output delivers and implements a regulatory and policy framework for industrial relations, including strategic policy advice to the Minister; legislative and regulatory reform; case based advocacy on behalf of the Queensland Government; coordination of Queensland Government responses to national and international issues; and research and analysis of trends or emerging issues.
The commencement of the federal government's Workplace Relations Amendment (WorkChoices) Act 2005 on 27 March 2006 has had a significant impact on the operation of the department. The Queensland Government's High Court challenge to the changes was heard in May 2006 and the outcome is unlikely to be known until late 2006 or early 2007.
This output has taken a leading role in implementing the Queensland Government's response to the federal WorkChoices changes. Key elements of the response include: the new advisory service for employers and employees, the Fair Go Queensland Advisory Service Hotline (operative from December 2005); increased funding for community groups to provide advocacy for disadvantaged workers; and a program to provide advice to businesses on 'best practice' models for cooperative and safe workplaces.
The Industrial Relations Act 1999 was amended to protect the entitlements of workers. The amendments, approved in August 2005, protect employee rights to long service leave, superannuation, parental leave, personal leave, classifications and skill-based career paths, stand-down provisions, ordinary time hours of work, meal breaks, annual leave loading, notice of termination, public holiday penalties, overtime loadings, casual loadings, shift loadings, penalty rates, redundancy pay, jury duty, and pay and conditions for outworkers on awards.
The Child Employment Act 2006 was passed by Parliament in February 2006 and commenced on 1 July 2006. The Act and its supporting regulation ensures that work does not interfere with children's schooling and that children are prevented from performing work that may be harmful to their health or safety or their physical, mental, moral or social development. A promotions campaign was undertaken to inform the community about these new laws before they came into effect, including media advertising and publishing of a Child Employment Guide explaining the new laws. A Code of Practice for young people employed in the entertainment industry is due to come into effect in late 2006.
The Queensland Government made a submission in the 2006 State Wage Case to the Queensland Industrial Relations Commission (QIRC) supporting an increase to all state award rates of pay and the Queensland minimum wage, from 1 September 2006. In July 2006 the QIRC handed down an increase of $19.40 per week. The increase will provide a real benefit to the lowest paid employees in Queensland and is considered to be responsible and affordable.
The Queensland Government responded to the ACTU work and family claim as part of a joint Labor states and territories submission to the Australian Industrial Relations Commission (AIRC). The AIRC decision, in August 2005, closely reflected the position put forward by the Queensland Government. The Queensland Government implemented the test case decision through a number of amendments to the Industrial Relations Act 1999 which improved parental and carers leave provisions and provided improved entitlements to casuals.
In late 2005, the department, in association with the Workplace Research Centre at Sydney University, conducted a Queensland Workplace Industrial Relations Survey. The survey provides important statistical information on industrial relations arrangements and practices in Queensland and will be used to provide baseline data for subsequent research. The report outlining the results of the survey was published on the department's website.
Service delivery
Strategies
- deliver information and enforcement services in respect of industrial relations laws
- use evidence-based interventions to target priority industries/areas in areas of low compliance.
Action
During the period 1 July 2005 to 30 June 2006, evidence-based and targeted statewide audits were conducted across 10 industries, focusing on poor performing employers. A total of 2,241 employers were audited, with over $1.6 million in wages adjusted on behalf of 19,379 employees. The audits found that 69% of employers were in full compliance.
In the financial year, the output's industrial inspectors:
- investigated and finalised nearly 6,500 complaints;
- issued more than 50 on-the-spot fines for offences under the Industrial Relations Act 1999
- undertook 160 prosecutions of employers for the recovery of wages and offences
- completed more than 2,200 general audits
- recovered more than $10 million on behalf of employees through wage complaint activity, audits and prosecutions.
|
2004-05 |
2005-06 |
|---|---|---|
Wage complaints finalised |
8,254 |
6,453 |
Amount of unpaid wages adjusted on behalf of employees (04-05 excluded $1.3m audit adjustments) |
$9.88m |
$10.16 |
Amount of unpaid wages recovered through court proceedings |
$0.88m |
$0.65m |
General audits conducted - workplaces |
2,781 |
2,241 |
Wage recovery investigations completed within three months |
73% |
69% |
Legal proceedings completed -employers |
239 |
160 |
Success rate in court hearings |
96% |
96% |
Level of customer satisfaction in relation to wage complaints |
97% |
97% |
Trading hours inspections |
11 |
23 |
Wageline telephone and web services provided more than 1.2 million people with accurate and timely industrial relations information. A new Check Your Pay feature and a new Fair Go Calculator were added to the website during 2005-06. The Check Your Pay tool is being used primarily by employers and employees to readily determine the correct wages to be paid under popular State industrial awards. The Fair Go Calculator allows clients to compare entitlements under Queensland state awards with Australian Workplace Agreements under the federal WorkChoices legislation.
|
2004-05 |
2005-06 |
|---|---|---|
Telephone enquiries |
373,325 |
241,193 |
Internet client visits |
878,772 |
1,045,723 |
Telephone enquiries answered in less than three minutes |
82% |
75% |
Written requests responded to within five working days |
97% |
98% |
Level of customer satisfaction in relation to information services |
99% |
98% |
The output has released new resources to help businesses and workers balance work and family responsibilities. The web-based information resource, with links to other relevant government and non-government websites, creates a comprehensive source of information on balancing work and family responsibilities for the community.
In the year ahead
- In 2006-07, responding to the implementation of the federal Workplace Relations Amendment (WorkChoices) Act 2005 will be a major focus for this output's activities. Until the outcome of the High Court challenge to the WorkChoices legislation is known, the changes will remain in effect and are expected to place significant demand on the output for information and compliance activities.
- WorkChoices has many areas where the potential to exploit vulnerable workers is high, for example the lack of safeguards for agreement-making and unfair dismissals. The department intends to focus information, advice and audit activities on assisting vulnerable workers affected by WorkChoices. The 1300 Hotline, established as part of the Fair Go Queensland Advisory Service, will continue to provide information and advice about the new industrial relations system.
- The department will also:
- administer a Smart Workplaces program to assist workplaces develop innovative programs to assist workplaces develop innovative programs to promote better industrial relations practices at the workplace level
- develop the Work and Family measure and pilot program outcomes for promotion to workplaces; and
- arrange comprehensive research and analysis to monitor workplace conditions.
- The child employment legislation will be supported by a code of practice for the employment of young people in the entertainment industry which will be introduced within 12 months of the commencement of the Act. A new audit function related to the child employment legislation is planned for 2006-07.
- The department will investigate the use of Work and Family policies in Queensland through the 'Queensland Household Survey' undertaken by Queensland Treasury. This measure will assist in evaluating the effectiveness of departmental work and family initiatives across Queensland.
Last updated June 4, 2009
Other languages