Private Sector Industrial Relations
Goal, output, Division, alignment
Divisional structure
Context
Description of services
Key outcome measure
Action on strategic priorities
Continue to promote the Work and Family Measure and pilot program outcomes
Performance
Looking ahead
Divisional structure
Context
A fair and equitable industrial relations framework that contributes to balanced and effective labour market outcomes is an important contributor to long-term economic growth and social wellbeing in Queensland.
To achieve a fair and equitable industrial relations framework, DEIR:
- sets minimum standards for equity and fairness at work
- enforces those standards within the Queensland jurisdiction (including wage recovery and prosecution)
- provides information and advice to employers and employees about their workplace rights and obligations (within Queensland and federal jurisdictions)
- promotes development of ways for employers and employees to work together to achieve productivity and safe and family-friendly workplaces.
DEIR will continue to respond to the impact of the federal Government’s Work Choices changes on the Queensland industrial relations landscape through policy and strategies.
Description of services
The 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 services and information to the community on industrial relations legislation, awards and agreements through a State-wide inspectorate and information services
- responding to the effects of the federal government’s Work Choices legislation on Queensland workplaces, employees and employers
- ongoing industrial relations policy research and the development of programs and tools for best practice in Queensland workplaces
- representing government in industrial institutions and through submissions.
Key stakeholders include government, employers, unions and employees.
Key outcome measure
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 2007 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.
Action on strategic priorities
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.
The Smart Workplaces pilot program commenced in January 2007 in six workplaces covering health, manufacturing, construction and aviation sectors. Consultants are trialling different methodologies and final reports are due in March 2008. At the completion of the Smart Workplaces pilot, a Smart Workplaces model will be developed and then rolled out more broadly to industry.
Focus our information, advice and audit activities on assisting vulnerable workers impacted by federal government’s Work Choices changes. A 1300 Hotline, part of the Fair Go Queensland Advisory Service, will provide information and advice about the new industrial relations system. We will closely monitor changes in workplace conditions.
The Wageline service of the department continued to provide a valuable free-of- charge information service to employers, employees and the general public. In addition to Wageline, the Fair Go Hotline played a significant role in assisting Queenslanders who were impacted by the Work Choices legislation.
In the period 1 July 2006 to 30 June 2007, in excess of 60,000 callers to the Fair Go Hotline and Wageline were assisted in relation to specific inquiries regarding employment conditions in the federal jurisdiction. The Fair Go Hotline assisted not only workers, but also employers caught up with the transitional arrangements and other complexities imposed on them by Work Choices. This service continues to operate and is now known as the Queensland Workplace Rights Hotline located within the Queensland Workplace Rights Office.
Audit campaigns were a valuable tool used by the department to ensure fairer workplaces in Queensland. The audits ensured that a level playing field existed as far as possible and that both workers and employers were kept informed in the complex and changing industrial environment brought about by the Work Choices changes.
Undertake a new audit function for related to child employment legislation (effective 1 July 2006) and other compliance activities targeted at non-incorporated bodies.
The Child Employment Act 2006 commenced on 1 July 2006 with separate provisions covering the employment of children in the entertainment industry commencing on 1 January 2007. The legislation introduced important protections to ensure work does not interfere with a child’s schooling, and that children are prevented from performing work that may be harmful to their physical, mental, moral or social development.
During 2006-07, 1,873 employers, covering 21,350 employees, were audited under the Child Employment Act 2006. The audits focused on education and awareness regarding the requirements of the new legislation.
Queensland’s industrial inspectorate continued to conduct proactive audits of workplaces during 2006–07. The audits focused on ensuring compliance with industrial laws and employee entitlements by targeting workplaces generally and not just those where complaints were lodged. The audits proved to be in the interests of both employers and employees by providing quality information and assistance in the current complex and changing industrial environment.
Continue to promote the Work and Family Measure and pilot program outcomes.
The division continues to promote the benefits of family-friendly workplaces. A significant initiative is the Better Work-Life Balance Survey, developed by DEIR in collaboration with the University of Queensland. This survey allows organisations to evaluate and improve their work-life balance policies. The survey has been extensively tested to ensure its reliability and validity and a downloadable application of the survey has recently been developed. Initial feedback on the downloadable survey indicates that it is a useful and user-friendly tool for organisations to evaluate their work-life balance policies. The survey will be promoted to employers and the department will continue to gather feedback from users to further improve the survey application.
Performance
Policy and legislation
Amendments to the Child Employment Regulation 2006 (PDF, 329 KB). were made to include provisions regulating work conditions for children in the entertainment industry and prohibiting the employment of children in work in any industry where they are nude or partially nude.
Amendments were introduced in May, 2007 to respond to the changed industrial relations landscape resulting from the federal government’s Work Choices reforms. These amendments:
- protected workers under the age of 18, whose employers were covered by the federal jurisdiction, from unfair dismissal and from having their terms and conditions eroded to levels below that enjoyed by employees doing similar work in the State jurisdiction
- highlighted the importance of collective bargaining in the state system
- provided a more flexible structure and composition for the Queensland Industrial Relations Commission to allow it to respond to changing workloads (e.g. not mandating the number of Commissioners)
- allowed the QIRC to resolve disputes about union right of entry to premises under the Workplace Health and Safety Act 1995
- allowed the QIRC to assist parties in the federal jurisdiction to resolve their disputes, if the parties agree to refer their dispute to the QIRC
- established a Queensland Workplace Rights Office and Ombudsman to provide advice, information and assistance to workers in Queensland covered by the federal industrial relations regime
- established a low cost, common law jurisdiction in the Magistrates Court to assist employees in the federal jurisdiction to pursue their rights for breach of the employment contract.
The department was involved in a submission to the Joint Standing Committee on Migration which recommended strengthening the minimum salary level and hours of work requirements to ensure section 457 visa workers are not exploited, and that local workers’ conditions are not undermined. The department was involved in the negotiation of the Queensland Meat Industry Labour Agreement to regulate the use of section 457 visa workers, creating a level playing field with equal rates and conditions for all these workers and employers in the meat industry.
The output has contributed to a range of submissions including:
- the Queensland Government’s a submission to the Australian Fair Pay Commission (AFPC) for its first Federal Minimum Wage decision in 2006
- the joint states’ and territories’ submission to the AFPC’s 2007 Federal Minimum Wage review (the submission proposed an increase of $20 per week to the existing Federal Minimum Wage of $511.86).
- the Queensland Government’s submission to the 2006 Queensland State Wage Case supported an increase of $20 per week (an increase of $19.40 per week was declared, effective 1 September 2006).
Information and advice
measure/description |
2005-06 |
2006-07 |
|---|---|---|
Telephone enquiries |
241,193 |
191,487 |
Internet client visits |
1,045,723 |
1,181,167 |
Telephone enquiries answered in less than three minutes |
75% |
83% |
Written requests responded to within five working days |
98% |
96% |
Wageline and Fair Go Advisory Service calls indicate that there has been a decrease of approximately 20% in the total number of calls from 2005-06. Despite this, approximately 30% of calls received still relate to corporations under the federal jurisdiction. The program still provided information services to assist vulnerable workers impacted by the federal Work Choices legislation.
Compliance
measure/description |
2005-06 |
2006-07 |
|---|---|---|
Wage complaints finalised |
6,453 |
3,717* |
Amount of unpaid wages adjusted on behalf of employees |
$10.16m |
$6.05m* |
Amount of unpaid wages recovered through court proceedings |
$0.65m |
$0.91m |
General audits conducted – workplaces |
2,241 |
5,383 |
Wage recovery investigations completed within three months |
69% |
69% |
Legal proceedings completed – employers |
160 |
158 |
Success rate in court hearings |
96% |
97% |
* This reduction is as a result of the commencement of the federal government’s Workplace Relations Amendment (Work Choices) Act 2005 on 27 March 2006 which has had a significant impact on the operation of the department. This reduction in wage complaint activity was offset by an increase in general audit activity undertaken by the industrial inspectorate.
During the period 1 July 2006 to 30 June 2007, evidence-based and targeted State-wide audits were conducted across some ten industries. Of the 5,383 employers audited, 83% were found to be compliant. A total of $1.5 million in wages was adjusted on behalf of over 31,000 employees.
Since the commencement of Work Choices, the inspectorate has recorded a reduction in wage complaint activity of approximately 45 per cent compared to the 2005–06 year. The reduction is directly related to the loss of corporations to the federal jurisdiction. The department has transferred some compliance staff to other positions within the department, particularly in Workplace Health and Safety Queensland. While wage complaints activity has decreased, the department has increased workplace audit activity by 140% to promote compliance with Queensland industrial relations legislation.
During 2006-07, 1,873 employers, covering 21,350 employees, were audited under the Child Employment Act 2006 (PDF, 619 KB). The audits focused on education and awareness regarding the requirements of the new legislation.
In the period 1 July 2006 to 30 June 2007, the key compliance services performances were:
- wage complaints finalised – 3,717. Compared with the previous year this is a decrease of 2,736. The decrease in the number of wage complaints is attributed to the effect of corporations now being covered by the federal industrial relations system.
- general audits – 5,383. Compared with the previous year this is an increase of 3,142 audits. The increase in performance is a result of a decrease in wage complaints allowing more time to be devoted to audit activity;
- amount of unpaid wages adjusted - $6.05 million. While this is a decrease of $4.1 million, compared to the previous year, it demonstrates the continuing need for compliance services within the Queensland jurisdiction.
- clients accessing the Wageline website – 1.18 million. Compared with the previous year, this is an increase of 140,000. An up-to-date accurate information database ensures information on wages and conditions is equally available to all employers and employees in a timely manner.
Looking ahead
- Continuing to respond to the impact of Work Choices will remain a major focus for this output’s activities in 2007-08. The commencement of Work Choices has created a complex industrial relations environment.
- The Queensland Workplace Rights Office – to be headed by the Queensland Workplace Rights Ombudsman – will be operative from July 2007 to provide information and advice on any legislation affecting the workplace, and to investigate and report on incidents of unfair, illegal or otherwise inappropriate workplace matters. The Ombudsman will also advise the State Government on strategies to improve protections for vulnerable workers, and promote industrial relations best practice in Queensland.
- The Fair Go Hotline will be the telephone referral service for the Workplace Rights Office, and will continue to provide information and advice about Work Choices and other workplace-related inquiries.
- Amendments will be made to the Child Employment Act 2006 to ensure that young workers (i.e. under 18 years of age) who become subject to federal agreements or other arrangements are employed on terms and conditions similar to those of comparable employees in the State jurisdiction, and that young workers dismissed from employment with a constitutional corporation are protected by State unfair dismissal provisions.
- Low-cost common law jurisdiction avenues (for example, improved access to the Magistrate’s Court, faster conciliation processes) will be provided for employees for whom Work Choices has removed access to Queensland’s industrial relations commission.
- The Queensland Government’s 2007 State Wage Case submission will seek an increase that provides a real benefit to the lowest paid employees in Queensland at a responsible and affordable level, and will take account of the 2007 Federal Minimum Wage decision.
- The department will also:
- extend the Smart Workplaces program to implement new models of cooperative, safe and family friendly workplace practices in Queensland businesses
- consider the recommendations of the final report into the Pay Equity Inquiry conduct research and analysis to monitor workplace conditions
- in collaboration with universities, research and develop tools to assist employers and unions to achieve better industrial relations outcomes at the workplace level.
Last updated 21 July 2009
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