5.3 Industrial Relations
5.3.1 Awards and Legal Obligations Relating to Employment
5.3.2 Workforce Dispute Settlement
5.3.3 Certified Agreements
5.3.4 Industrial Impacts: Reporting to the Principal
5.3.5 Membership of Industrial Associations
5.3.6 Strike Pay
Key contributors to quality and value for money outcomes in the building and construction industry are an improved workplace and management culture, better employer and employee relationships, and improved industrial relations planning and management.
Service providers shall adopt a strategic approach in managing industrial relations and integrate industrial relations into all normal aspects of activity. Service providers are discouraged from subcontracting core works without the principal’s approval.
In implementing a strategic approach to industrial relations it is expected service providers will:
- integrate industrial relations with the normal procedures, practices and performance standards of the enterprise and projects; and
- develop and implement a sound industrial relations management plan that ensures industrial relations issues and risks are identified, assessed and managed.
5.3.1 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.
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.
Any information obtained to ensure obligations are being met is to be obtained through proper means, and in a way that respects confidentiality.
5.3.2 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.
Where, due to the nature of the dispute, a conflict arises between the dispute procedures of the principal contractor and that of subcontractor/s then the principal contractor’s procedures shall prevail for the settlement of the dispute. 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:
- no industrial action is to take place;
- the status quo that existed before the dispute must prevail; and
- work is to continue normally, without prejudice to any of the parties.
5.3.3 Certified Agreements
Certified agreements (including project agreements and multi-employer 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.
5.3.4 Industrial Impacts: Reporting to the Principal
Disputes or disagreements relating to industrial relations and/or occupational health and safety matters that may impact on the construction program, the contract, other related contracts or project costs must be reported to the Principal at the earliest opportunity. To ensure this, an effective and clear reporting structure must be established at an early stage in any project.
This will provide the client with the opportunity to:
- provide assistance to service providers where appropriate in resolving disputes or disagreements; and
- assist with managing their own overall works program more effectively.
Any actual or threatened industrial action must be reported by the Government agency and/or their managing agents to the Government’s industrial relations representatives. Individual Government agencies are expected to put in place internally coordinated arrangements that ensure effective communications with these representatives.
5.3.5 Membership of Industrial Associations
Participation in industrial relations by employees and employers and responsible representation by industrial associations is encouraged.
5.3.6 Strike Pay
An employer cannot be coerced into making payment for a period when Employees are engaged in a strike (as defined by the Queensland Industrial Relations Act 1999).
Last updated July 25, 2005
Other languages