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Queensland Industrial Relations Commission

Queensland Industrial Relations Commission. Award Modernisation Briefing Deputy President A.L. Bloomfield 18 March 2014. SIZE OF AWARD MODERNISATION PROJECT (1) Number of employees subject to award modernisation.

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Queensland Industrial Relations Commission

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  1. Queensland Industrial Relations Commission Award Modernisation Briefing Deputy President A.L. Bloomfield 18 March 2014

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

  3. SIZE OF AWARD MODERNISATION PROJECT (2)Number of employees subject to award modernisation

  4. SIZE OF AWARD MODERNISATION PROJECT (3)Number of employees subject to award modernisation

  5. SIZE OF AWARD MODERNISATION PROJECT (4) • Includes: • Family Leave Award • Family Leave (Public Sector) Award • Training Wage Award • Supported Wage Award • Number of awards on QIRC website = 83 • Number of awards identified as obsolete = 8

  6. SIZE OF AWARD MODERNISATION PROJECT (5) • AMOD Team proposes to try to rescind 2 x Apprentices and Trainees Orders (OBO & GOBO) • Duplicate relevant contents in a schedule to each modern award

  7. AWARD MODERNISATION PROJECT TEAM

  8. AMOD Team's Approach to Award Modernisation • "Overlap" between Acts, Awards, Directives, Certified Agreements (CA’s) 2. Required content Non-allowable content Permitted content • Relationship: Queensland Employment Standards (QES) and current award provisions 4. General "clean up" of provisions

  9. Current Proposed 1 - Overlap between Acts, Awards, Directives & CA’s 31 Dec '14 Future State State Directives Act Act Directives Awards Awards Certified Agreements Certified Agreements

  10. 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

  11. 3 - Relationship: QES and Existing Award Provisions (1) • s. 71NA(1) says a modern award may include all or part of a matter in QES or a matter which is ancillary or incidental to the operation of an entitlement under QES or a matter whichsupplements QES. BUT • s. 71NA(2) says sub(1) applies onlyto the extent the provision is no less favourable than QES.

  12. 3 - Relationship: QES and Existing Award Provisions (2) • s. 71OI says a modern award must not include a provision that displaces or is otherwise inconsistent with QES.

  13. 3 - Relationship: QES and Existing Award Provisions (3) Part 6—Leave 19. Annual leave (proposed Queensland Rail version) 19.1 This clause supplements Division 3 of the QES which deals with annualleave. 19.2 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 17.5% of their base rate of pay for the period in addition to the payment required to be made under Division 3 of the QES. The annual leave loading for a shiftworker is 20%. 19.3 By agreement between the employer and an employee a period of annual leave maybe taken in advance of the entitlement accruing. If leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination. 19.4 The employer may direct an employee to take paid annual leave if the employee hasaccrued more than eight weeks' annual leave, and the employer and employee are unable to reach agreement on the 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 the leave.

  14. 3 - Relationship: QES and Existing Award Provisions (4) Part 6—Leave 20. Personal leave (proposed public sector version) 20.1 Personal leave is provided for in Division 4 of the QES and covers: (a) sick leave; (b) carer's leave; (c) bereavement leave; and (d) cultural leave. 20.2 In addition to the provisions of Subdivision 2 of Division 4 of the QES an employee is entitled to use any sick leave to which they have an entitlement for carer's leave purposes. 20.3 An employee may also elect, with the consent of the employer, to take annual leave for carer's leave purposes.

  15. 3 - Relationship: QES and Existing Award Provisions (5a) Part 6—Leave 21. Parental leave (proposed public sector version) 21.1 Parental leave is provided for in Division 5 of the QES and covers: (a) birth-related leave for an employee who is pregnant or whose spouse gives birth; (b) adoption leave; and (c) surrogacy leave. 21.2 Notwithstanding the provisions of Subdivision 2 of Division 5 of the QES, all full-time and part-time employees are entitled to parental leave upon commencement of employment. 21.3 An employee who has taken leave to attend compulsory interviews or examinations as part of an adoption process or who has taken leave to attend compulsory interviews or court hearings associated with a surrogacy arrangement may request that such leave be taken as paid annual leave.

  16. 3 - Relationship: QES and Existing Award Provisions (5b)(proposed public sector version) 21.4 In addition to the provisions of Subdivision 6 of Division 5 of the QES an employee who has returned to work on a part-time basis may seek to return to the position they held prior to commencing parental leave. 21.5 If the position mentioned in clause 21.4 no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position that is, as nearly as possible, comparable in status and remuneration to that of the employee's former position. 21.6 The employer must make a position to which the employee is entitled available to the employee.

  17. 3 - Relationship: QES and Existing Award Provisions (6) Part 6—Leave 22. Long service leave (proposed Queensland Rail versions) 22.1 Long service leave, including for casual employees, is provided for in Division 6 of the QES. 23. Public holidays 23.1 Public holidays are provided for in Division 7 of the QES. 23.2 An employee will be paid a loading of 150% of the ordinary hourly base rate of pay, for any hours, ordinary and overtime, worked on a public holiday. 24. Jury service 24.1 Jury service is provided for in Division 8 of the QES.

  18. 4 – General "clean up" of Awards (1) • A-G’s Request requires QIRC to ensure modern awards: • Are simple and easy to understand; • Have consistency of content. • To that end, the AMOD Team will look to: • Remove excess verbage and duplicated provisions; • Consolidate award provisions relating to a particular subject matter (e.g. hours of work; shift work; overtime); and • Have standard clauses where possible (e.g. sick leave, jury service, meal money, mileage)

  19. 4 – General "clean up" of Awards (2) • Further, on the premise a "modern award" should not include redundant or out-of-date provisions, the AMOD Team will look to remove or update any such provisions we identify.

  20. Scope of proposed "white-collar" Award in Queensland Public Sector (1) • AMOD Team has considered A-G’s request (at clause 22) and has decided to: • Establish a single award covering all persons appointed as "public service officers" (AO, PO, TO, OO) under s. 119 and s. 148 of Public Service Act 2008 • Extend coverage of that award to persons employed under the following award areas/Acts: • Crime and Misconduct Commission • Residential Tenancies Authority • QRAA • Queensland Building Services Authority

  21. Scope of proposed "white-collar" Award in Queensland Public Sector (2) • AMOD Team has decided not to alter the award coverage of employees in the following areas: • Legal Aid • Parliamentary Service • WorkCover • Tourism and Events Qld • AMOD Team is still considering the position of Safe Food Production Qld.

  22. Scope of proposed "blue-collar" Award in Queensland Public Sector • AMOD Team is still finalising its position on the scope of this proposed Award • Current thinking is to try to expand coverage of present “OPS Award" to also cover employees in the following areas: • Conservation, Parks and Wildlife • Forestry • Building Trades • Engineering • Civil Construction

  23. Other thoughts of AMOD Team (1) • Create new awards to cover all employees of: • Stadiums Queensland • (old) Southbank Employing Authority • the various water distribution entities • Parents and Citizens Associations

  24. Other thoughts of AMOD Team (2) • Consider a new award to cover all employees employed by: • GOMA • Queensland Museum • State Library • Queensland Art Gallery • Create a new single award to replace 2 current awards applying to Agricultural College Corporation

  25. Other Awards/areas of coverage • Education • TAFE (changes 1 July 2014) • Police, Fire and Emergency Service • Ambulance • BEMS (in Health) • Corrections • Youth Workers • Disability Services • Brisbane City Council • Parents and Citizens Associations

  26. Where to from here? • Conference next Monday (24th March) at 1.30pm of parties to Education and TAFE Awards • Conference early next week (date TBA) of major parties wishing to express a view about proposed standard clauses covering: • Annual leave • Public holidays • Parental leave • Long service leave, etc • Apprentices and Trainees

  27. Questions?

  28. Contact us AMOD Team: qirc.awardmod@justice.qld.gov.au or visit QIRC website for more information

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