4.3 Industrial Relations
4.3.1 Awards and Legal Obligations Relating to Employment
4.3.2 Security of employment
4.3.3 Anti-discrimination
4.3.4 Workforce Dispute Settlement
4.3.5 Certified Agreements
4.3.6 Membership of Industrial Associations
Key contributors to quality and value for money outcomes in the call centre industry are an improved workplace and management culture, better employer and employee relationships, and improved industrial relations planning and management.
Agencies and signatories shall adopt a strategic approach in managing industrial relations and integrate industrial relations into all normal aspects of activity. In implementing a strategic approach to industrial relations it is expected agencies and signatories will:
- integrate industrial relations with the normal procedures, practices and performance standards of the enterprise; and
- develop and implement a sound industrial relations management plan that ensures industrial relations issues and risks are identified, assessed and managed; and
- foster a consultative culture in the workplace.
4.3.1 Awards and Legal Obligations Relating to Employment
All parties must comply with the provisions of applicable:
- awards and industrial relations arrangements that have been certified, registered or otherwise approved under the relevant industrial relations legislation; and
- legislative requirements.
All parties should note the comprehensive minimum conditions of employment applying to call centre employees, including:
- remuneration;
- hours of work and overtime;
- public holidays;
- breaks;
- leave entitlements;
- parental leave;
- superannuation;
- termination and redundancy provisions; and
- other entitlements.
Part-time employees accrue most entitlements on a pro rata basis. Casual employees may also accrue certain rights (including parental leave, long service leave and other rights and protections).
Arrangements or practices designed to avoid awards, registered agreements and/or legislative obligations are not permitted, including inappropriately treating a genuine employee as an independent contractor and inappropriate application of taxation arrangements.
4.3.2 Security of employment
Permanent rather than casual employment is encouraged as a means of increasing the stability and long-term viability of a workforce while providing individual employees with increased job satisfaction and enhanced opportunities for training and career development.
Labour hire or agency employees or outsourcing should not be used as a means to evade legislative or award conditions or to undercut or reduce the conditions of an existing workforce.
The Government is committed to maximum employment security for tenured public sector employees by developing and maintaining a responsive, impartial and efficient public service as the preferred provider of existing services to Government and the community. The Government is also committed to providing stability to the public sector by limiting organisational restructuring and contracting-out of services.
The Queensland Government is committed to maximising permanent employment where possible. Casual or temporary forms of employment should only be utilised where permanent employment is not advisable or appropriate.
These commitments are effected through the Government's Employment Security Policy and the Policy on the Contracting-Out of Government Services and relevant agreements, awards and legislative provisions.
4.3.3 Anti-discrimination
The Queensland Government and signatories to this Code respect and value the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Parties should note the provisions of relevant legislation (including the Queensland Anti-Discrimination Act 1999, Industrial Relations Act 1999 (PDF, 1.9 MB) and Commonwealth legislation) and relevant Government policies and standards on this issue.
4.3.4 Workforce Dispute Settlement
All parties are required to make every effort to resolve grievances or disputes at the enterprise level in accordance with the procedure outlined in the relevant award or registered agreement. If a dispute cannot be resolved at a particular level, it should be referred to higher levels within an acceptable timeframe. If the matter remains unresolved, the dispute should be referred to the Industrial Relations Commission for settlement.
All parties to a dispute are required to comply with industrial tribunal decisions, subject to any legal appeal rights, whilst adhering to the following dispute settlement procedures (subject to the dispute settlement procedures in relevant awards and agreements):
- a fair and non-discriminatory process should be undertaken to resolve the dispute cooperatively and efficiently;
- employees have the right to access union representation;
- no industrial action is to take place; and
- the status quo that existed before the dispute must prevail; and work is to continue normally, without prejudice to any of the parties.
4.3.5 Certified Agreements
Certified agreements provide considerable scope for employers and their employees to improve working conditions and gain a competitive edge by ensuring value for money and quality outcomes. Parties are encouraged to make certified agreements appropriate to their circumstances and fostering collective arrangements.
4.3.6 Membership of Industrial Associations
Participation in industrial relations by employees and employers and responsible representation by industrial associations is encouraged. Parties should note freedom of association and right of entry in the Industrial Relations Act 1999 and relevant legislation, awards and agreements. Agreements (including the State Government Departments Certified Agreement 2000) may also contain provisions relating to union delegates.
Duly elected union delegates should be recognised as acting on behalf of union members in the workplace.
Last updated July 22, 2005
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