Queensland Industrial Relations Commission Award Modernisation Briefing Deputy President A.L....

Queensland Industrial Queensland Industrial Relations CommissionRelations Commission

Award Modernisation Briefing Award Modernisation Briefing

Deputy President A.L. BloomfieldDeputy President A.L. Bloomfield

18 March 201418 March 2014

SIZE OF AWARD MODERNISATION PROJECT (1)Number of employees subject to award

modernisationAWARD NAME No. of

e'ees% of public

sector

Priority awards

Public Service Award 50,000 21.7

Other than Public Servants Award 25,000 10.8

Other awards listed in clause 22 of A-G’s Request 3,100 1.4

Local Government 38,000 n/a

Queensland Rail 5,700 n/a

District Health Services 35,000 15.0

Nurses and Midwives 32,000 13.9

Senior Medical Officers 7,400 3.2

Total of priority awards 190,200 66.0(of 229,000)



e'ees% of public

sector

Other main awards

Teachers 46,000 20.1

TAFE Teachers 3,100 1.4

Police 11,000 4.8

Fire Service (inc. Auxiliary's) 4,500 2.0

Ambulance Service 3,650 1.5

Corrective Services 2,000 0.8

Disability Services 1,500 0.6

Total of other main awards 71,750 31.2(of 229,000)



e'ees% of public

sector

Other public sector awards

various small public sector awards 4,600 2.1

Other awards/areas

Brisbane City Council 7,000?

Stadiums Queensland 2,000?

Southbank / BCC? 1,000?

Parents and Citizens 3,000?

Water Distribution 1,500?

SIZE OF AWARD MODERNISATION SIZE OF AWARD MODERNISATION PROJECT (4)PROJECT (4)

Number of awards on QIRC website = 83Number of awards on QIRC website = 83

Includes:Includes: Family Leave AwardFamily Leave Award Family Leave (Public Sector) AwardFamily Leave (Public Sector) Award Training Wage AwardTraining Wage Award Supported Wage AwardSupported Wage Award

Number of awards identified as obsolete = 8Number of awards identified as obsolete = 8

SIZE OF AWARD MODERNISATION SIZE OF AWARD MODERNISATION PROJECT (5)PROJECT (5)

AMOD Team proposes to try to rescind AMOD Team proposes to try to rescind

2 x Apprentices and Trainees Orders 2 x Apprentices and Trainees Orders

(OBO & GOBO) (OBO & GOBO)

Duplicate Duplicate relevantrelevant contents in a contents in a schedule to each modern awardschedule to each modern award

AWARD MODERNISATION PROJECT AWARD MODERNISATION PROJECT TEAMTEAM

Manager:Manager: Brian BondBrian Bond

Research Research Officers:Officers:

Don HamiltonDon Hamilton

Caroline O’BrienCaroline O’Brien

Tim O’TooleTim O’Toole

Kate LangdonKate Langdon

AMOD Team's Approach to Award Modernisation

1. "Overlap" between Acts, Awards, Directives, Certified Agreements (CA’s)

2. Required contentNon-allowable contentPermitted content

3. Relationship: Queensland Employment Standards (QES) and current award provisions

4. General "clean up" of provisions

CertifiedAgreements

Directives

Awards

Act

CurrentState

ProposedFutureState

CertifiedAgreements

Directives

Awards

Act

31 Dec '14

1 - Overlap between Acts, Awards, Directives & CA’s

2 - Content of Modern Awards

• Required content:– Consultation Provision– Dispute Resolution Provision– Individual Flexibility Provision– Coverage Provisions

• Non-allowable content:– Matters set out in s. 71O to s. 71OK

• Permitted content:– Matters set out in s. 71N to s. 71ND

3 - Relationship: QES and Existing 3 - Relationship: QES and Existing Award Provisions (1)Award Provisions (1)

s. 71NA(1) says a modern award s. 71NA(1) says a modern award maymay include all include all or part of a matter in QES or part of a matter in QES oror a matter which is a matter which is ancillary or incidental to the operation of an ancillary or incidental to the operation of an entitlement under QES entitlement under QES or or a matter whicha matter which supplements QES. supplements QES.

BUTBUT

s. 71NA(2) says sub(1) applies s. 71NA(2) says sub(1) applies onlyonly to the to the extent the provision is no less favourable than extent the provision is no less favourable than QES.QES.


s. 71OI says a modern award s. 71OI says a modern award must notmust not include a provision that displaces or is include a provision that displaces or is otherwise inconsistent with QES.otherwise inconsistent with QES.


Part 6—LeavePart 6—Leave19. Annual leave 19. Annual leave (proposed Queensland Rail version)(proposed Queensland Rail version)19.1 19.1 This clause supplements Division 3 of the This clause supplements Division 3 of the QESQES which deals with which deals with annualannual leave.leave.

19.2 19.2 Subject to clause 19.3, when an employee takes a period of paid Subject to clause 19.3, when an employee takes a period of paid annual leave, the employee will be paid an annual leave loading of annual leave, the employee will be paid an annual leave loading of 17.5% of their 17.5% of their base rate of paybase rate of pay for the period in addition to the for the period in addition to the payment required to be made under Division 3 of the payment required to be made under Division 3 of the QESQES. The annual . The annual leave loading for a leave loading for a shiftworkershiftworker is 20%. is 20%.

19.3 19.3 By agreement between the employer and an employee a period By agreement between the employer and an employee a period of annual leave mayof annual leave may be taken in advance of the entitlement accruing. be taken in advance of the entitlement accruing. If leave is taken in advance and the employment terminates before the If leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.deduction from any money due to the employee on termination.

19.4 19.4 The employer may direct an employee to take paid annual leave The employer may direct an employee to take paid annual leave if the employee hasif the employee has accrued more than eight weeks' annual leave, and accrued more than eight weeks' annual leave, and the employer and employee are unable to reach agreement on the the employer and employee are unable to reach agreement on the taking of the leave. The employer must give an employee at least 28 taking of the leave. The employer must give an employee at least 28 days' notice prior to the date the employee is required to commence days' notice prior to the date the employee is required to commence the leave.the leave.


Part 6—LeavePart 6—Leave

20. Personal leave 20. Personal leave (proposed public sector version)(proposed public sector version)

20.1 20.1 Personal leave is provided for in Division 4 of the Personal leave is provided for in Division 4 of the QESQES and covers:and covers:

(a) sick leave;(a) sick leave;(b) carer's leave;(b) carer's leave;(c) bereavement leave; and(c) bereavement leave; and(d) cultural leave. (d) cultural leave.

20.2 20.2 In addition to the provisions of Subdivision 2 of In addition to the provisions of Subdivision 2 of Division 4 of the Division 4 of the QESQES an employee is entitled to use any an employee is entitled to use any sick leave to which they have an entitlement for carer's sick leave to which they have an entitlement for carer's leave purposes.leave purposes.

20.3 20.3 An employee may also elect, with the consent of the An employee may also elect, with the consent of the employer, to take annual leave for carer's leave purposes. employer, to take annual leave for carer's leave purposes.

3 - Relationship: QES and Existing 3 - Relationship: QES and Existing Award Provisions (5a)Award Provisions (5a)

Part 6—Leave Part 6—Leave

21. Parental leave 21. Parental leave (proposed public sector version)(proposed public sector version)

21.1 21.1 Parental leave is provided for in Division 5 of the Parental leave is provided for in Division 5 of the QESQES and and covers:covers:

(a) birth-related leave for an employee who is pregnant or (a) birth-related leave for an employee who is pregnant or whose spouse whose spouse gives birth;gives birth;

(b) adoption leave; and(b) adoption leave; and(c) surrogacy leave.(c) surrogacy leave.

21.2 21.2 Notwithstanding the provisions of Subdivision 2 of Division 5 Notwithstanding the provisions of Subdivision 2 of Division 5 of the of the QESQES, all full-time and part-time employees are entitled to , all full-time and part-time employees are entitled to parental leave upon commencement of employment. parental leave upon commencement of employment.

21.3 21.3 An employee who has taken leave to attend compulsory An employee who has taken leave to attend compulsory interviews or examinations as part of an adoption process or who interviews or examinations as part of an adoption process or who has taken leave to attend compulsory interviews or court hearings has taken leave to attend compulsory interviews or court hearings associated with a surrogacy arrangement may request that such associated with a surrogacy arrangement may request that such leave be taken as paid annual leave.leave be taken as paid annual leave.

3 - Relationship: QES and Existing 3 - Relationship: QES and Existing Award Provisions (5b)Award Provisions (5b)

(proposed public sector version)(proposed public sector version)

21.4 21.4 In addition to the provisions of Subdivision 6 of In addition to the provisions of Subdivision 6 of Division 5 of the Division 5 of the QESQES an employee who has returned to an employee who has returned to work on a part-time basis may seek to return to the position work on a part-time basis may seek to return to the position they held prior to commencing parental leave.they held prior to commencing parental leave.

21.5 21.5 If the position mentioned in clause 21.4 no longer If the position mentioned in clause 21.4 no longer exists but there are other positions available that the exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration nearly as possible, comparable in status and remuneration to that of the employee's former position. to that of the employee's former position.

21.6 21.6 The employer must make a position to which the The employer must make a position to which the employee is entitled available to the employee. employee is entitled available to the employee.


Part 6—Leave Part 6—Leave

22.22. Long service leave Long service leave (proposed Queensland Rail (proposed Queensland Rail versions)versions)

22.1 22.1 Long service leave, including for casual employees, is Long service leave, including for casual employees, is provided for in Division 6 of the provided for in Division 6 of the QESQES. .

23.23. Public holidaysPublic holidays

23.123.1 Public holidays are provided for in Division 7 of the Public holidays are provided for in Division 7 of the QESQES. .

23.223.2 An employee will be paid a loading of 150% of the An employee will be paid a loading of 150% of the ordinary hourly ordinary hourly base rate of paybase rate of pay, for any hours, ordinary and , for any hours, ordinary and overtime, worked on a public holiday.overtime, worked on a public holiday.

24.24. Jury serviceJury service

24.1 24.1 Jury service is provided for in Division 8 of the Jury service is provided for in Division 8 of the QESQES. .

4 – General 4 – General ""clean upclean up"" of of Awards (1)Awards (1)

A-G’s Request requires QIRC to ensure A-G’s Request requires QIRC to ensure modern awards:modern awards: Are simple and easy to understand;Are simple and easy to understand; Have consistency of content.Have consistency of content.

To that end, the AMOD Team will look to:To that end, the AMOD Team will look to: Remove excess verbage and duplicated provisions;Remove excess verbage and duplicated provisions; Consolidate award provisions relating to a Consolidate award provisions relating to a

particular subject matter (e.g. hours of work; shift particular subject matter (e.g. hours of work; shift work; overtime); and work; overtime); and

Have standard clauses where possible (e.g. sick Have standard clauses where possible (e.g. sick leave, jury service, meal money, mileage)leave, jury service, meal money, mileage)

4 – General 4 – General ""clean upclean up"" of of Awards (2)Awards (2)

Further, on the premise a "modern Further, on the premise a "modern award" should not include redundant award" should not include redundant or out-of-date provisions, the AMOD or out-of-date provisions, the AMOD Team will look to remove or update Team will look to remove or update any such provisions we identify. any such provisions we identify.

Scope of proposed "white-collar" Scope of proposed "white-collar" Award in Queensland Public Sector Award in Queensland Public Sector

(1)(1) AMOD Team has considered A-G’s request AMOD Team has considered A-G’s request

(at clause 22) and has decided to:(at clause 22) and has decided to: Establish a single award covering all persons Establish a single award covering all persons

appointed as "public service officers" (AO, PO, appointed as "public service officers" (AO, PO, TO, OO) under s. 119 and s. 148 of TO, OO) under s. 119 and s. 148 of Public Public Service Act 2008Service Act 2008

Extend coverage of that award to persons Extend coverage of that award to persons employed under the following award areas/Acts:employed under the following award areas/Acts:

Crime and Misconduct CommissionCrime and Misconduct Commission Residential Tenancies AuthorityResidential Tenancies Authority QRAAQRAA Queensland Building Services Authority Queensland Building Services Authority

Scope of proposed "white-collar" Scope of proposed "white-collar" Award in Queensland Public Sector Award in Queensland Public Sector

(2)(2) AMOD Team has decided AMOD Team has decided not to alternot to alter the the

award coverage of employees in the award coverage of employees in the following areas:following areas: Legal AidLegal Aid Parliamentary ServiceParliamentary Service WorkCoverWorkCover Tourism and Events QldTourism and Events Qld

AMOD Team is still considering the position AMOD Team is still considering the position of Safe Food Production Qld. of Safe Food Production Qld.

Scope of proposed "blue-collar" Scope of proposed "blue-collar" Award in Queensland Public Award in Queensland Public

SectorSector AMOD Team is still finalising its position on AMOD Team is still finalising its position on

the scope of this proposed Awardthe scope of this proposed Award Current thinking is to Current thinking is to try totry to expand expand

coverage of present “OPS Award" to also coverage of present “OPS Award" to also cover employees in the following areas:cover employees in the following areas: Conservation, Parks and WildlifeConservation, Parks and Wildlife ForestryForestry Building TradesBuilding Trades EngineeringEngineering Civil ConstructionCivil Construction

Other thoughts of AMOD Other thoughts of AMOD Team (1)Team (1)

Create new awards to cover all Create new awards to cover all employees of:employees of: Stadiums QueenslandStadiums Queensland (old) Southbank Employing Authority(old) Southbank Employing Authority the various water distribution entities the various water distribution entities Parents and Citizens AssociationsParents and Citizens Associations

Other thoughts of AMOD Other thoughts of AMOD Team (2)Team (2)

Consider a new award to cover all Consider a new award to cover all employees employed by:employees employed by: GOMAGOMA Queensland MuseumQueensland Museum State LibraryState Library Queensland Art GalleryQueensland Art Gallery

Create a new single award to replace 2 Create a new single award to replace 2 current awards applying to Agricultural current awards applying to Agricultural College Corporation College Corporation

Other Awards/areas of Other Awards/areas of coveragecoverage

EducationEducation TAFE (changes 1 July 2014)TAFE (changes 1 July 2014) Police, Fire and Emergency ServicePolice, Fire and Emergency Service AmbulanceAmbulance BEMS (in Health)BEMS (in Health) CorrectionsCorrections Youth WorkersYouth Workers Disability ServicesDisability Services Brisbane City CouncilBrisbane City Council Parents and Citizens AssociationsParents and Citizens Associations

Where to from here?Where to from here?

Conference next Monday (24Conference next Monday (24th th March) at 1.30pm March) at 1.30pm of parties to Education and TAFE Awardsof parties to Education and TAFE Awards

Conference early next week (date TBA) of major parties Conference early next week (date TBA) of major parties wishing to express a view about proposed standard wishing to express a view about proposed standard clauses covering:clauses covering: Annual leaveAnnual leave Public holidaysPublic holidays Parental leaveParental leave Long service leave, etcLong service leave, etc Apprentices and TraineesApprentices and Trainees

Questions?Questions?

Contact usContact us

AMOD Team: AMOD Team:

[email protected]@justice.qld.gov.au

oror

visit QIRC website for more visit QIRC website for more informationinformation

Queensland Industrial Relations Commission Award Modernisation Briefing Deputy President A.L....

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