GENERAL EMPLOYMENT CONDITIONS FOR EMPLOYEES

1
GENERAL EMPLOYMENT CONDITIONS
FOREMPLOYEES?????????
Phil Greenhill Principal Industrial
Inspector Department of Industrial
Relations ?????? ????? ????? Phil Greenhill
2
Objective??

• To outline basic information on the industrial
  relations entitlements and obligations for
  employees in Queensland
• ???????????????????????????
• Queensland Industrial Relations Commission
  determines wages and working conditions, not
  Government
• Decisions are called Awards and enforceable at
  law
• Awards are binding on employers and employees
• ???????????????????????,?????????
• ??????????????????,???????????
• ?????????????????

3
General Conditions????

• Award wage, or
• Queensland Minimum Wage (QMW)
• sick leave, annual leave, public holidays,
  parental leave, carers leave, bereavement leave
  and long service leave
• ?????
• ?????????(QMW)
• ????????????????????????????????

4
General Conditions????

• protection against unfair dismissal
• employers obligation to keep time and wages
  records and provide pay slips
• ???????
• ???????????????????????

5
Queensland Minimum Wage?????????

• Queensland Industrial Relations Commission must
  make a general ruling about a QMW for all
  employees at least once each year
• QMW applies to employment not covered by any
  award or agreement
• ??????????????????,????????????????????????
• ?????????????????????????

6
Queensland Minimum Wage?????????

• Current QMW operative from 1 September 2004
  and Current minimum rate is 467.40 per week
• ??????????2004?9?1???? - ??467.40 ??
• Full-time adults - employees 20 years of age and
  over working on a full time basis are entitled to
  the QMW weekly rate of 467.40
• ?????-20??????????,?????467.40 ?????????

7
Queensland Minimum Wage?????????

• Part-time and casuals - employees engaged on a
  part time or casual basis are entitled to the QMW
  weekly rate divided by 40 for each hour worked.
• ??????-???????????,??????????,??? ?????????40???

8
Queensland Minimum Wage?????????

• Young people employees under 20 years of
  age are paid a of the adult wage based on age
  or experience, whichever is higher.
• ????-20??????????,????????????(?????????),????????
  ???????

9
Awards??

• Apply to most occupations and industries They
  prescribe
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• maximum hours of ordinary time work
• ?????????????????
• - payment for overtime ????
• - extra allowances ????
• - leave entitlements ?????????
• - superannuation ???
• - minimum periods of notice of termination of
  employment
• ??????????????????

10
Sick Leave??

• No entitlement for casuals or pieceworkers
• 8 days leave on full pay for each completed
  year of employment
• accruing at 1 day for each 6 weeks employment
• ??????????????
• ????????,???????8??????
• ???6????1??????

11
Sick Leave??

• Subject to
• prompt notification to employer of illness and
  duration of absence
• if absence more than 2 days - production of
  doctors certificate about nature of illness or
  other evidence of illness
• Accumulates indefinitely
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• ???????????????
• ??????2?,?????????????????????
• ???????

12
Annual Leave???

• No entitlement for casuals or pieceworkers
• 4 weeks paid leave for each completed year of
  employment
• Payment
• all leave is payable at the ordinary rate in
  force at time of taking leave 17.5 if award
  applies
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• ????????,???????4?????
• ?????
• ??????,??????????????????,???????,????17.5?????
  

13
Annual Leave???

• Payment
• no loading is payable unless award applies
• Accrued leave and pro rata entitlements to be
  paid on termination
• Pro rata holiday pay (i.e. payment on
  termination for any period less than a year)
• ?????
• ??????????,???????
• ?????????????????,????????????
• ??????????(??????????,????????)

14
Public Holidays????

• Employees (other than casuals and pieceworkers)
  who would ordinarily work on a day which is a
  public holiday are entitled to a day off on full
  pay for that day
• Award employees who work on a public holiday are
  paid 2.5 times their ordinary rate for the day
• ??(???????????)????????,??????????,???????????????
  ???
• ????????,?????????,????????????????2.5?????

15
Public Holidays????

• An employee who is rostered off on a public
  holiday and does not work is not paid for the day
  
• Employer and employee may agree to substitute
  another day as a public holiday
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• ??????????????????????

16
Family Leave???

• Parental Leave?????
• Employees must have at least 12 months
  continuous service with the employer
• Employee and spouse entitled to combined total
  of 52 weeks unpaid leave
• ?????????????12???
• ???????????????52???????????

17
Family Leave???

• Parental Leave?????
• Right to return to same position after leave
• Long term casuals (gt1 yr) entitled to parental
  leave
• Employer to inform employee of their rights and
  obligations re parental leave
• ???????????????
• ?????(????)???????????
• ????????????????????????

18
Family Leave???

• Carers Leave???
• Use of 5 days paid sick leave per year to care
  for and support members of an employees
  immediate family or household who are ill
• Long term casuals (gt 1 yr) may take 5 days
  unpaid carers leave per year
• ??????????????,??????????5????????????????
• ?????(????),?????5???????

19
Family Leave???

• Bereavement Leave???
• 2 days paid leave on death of a member of an
  employees immediate family or household in
  Australia unpaid travel time if reasonable
• Long term casuals (gt 1 yr) may take 2 days
  unpaid bereavement leave travel time if
  reasonable
• ?????????????????,????2 ????,????????????????
• ?????(????),??2??????
• ????????????

20
Long Service Leave?????

• 8.6667 weeks paid leave after 10 years
• continuous service
• Access to additional proportion of leave 5
• years after first entitlement
• ??????10?????8.6667 ?????????
• ?????????5??,?????????????????

21
Long Service Leave?????

• Pro rata after 7 years continuous service only
  under certain conditions
• Casual entitlement based on total ordinary hours
  worked during period of service
• Contact Wageline for detailed advice on
  entitlement
• ??????,????????7????????
• ?????,??????????????????
• ?????????????????????

22
Unfair Dismissal?????

• A Dismissal is Unfair if it is
• Harsh, Unjust or Unreasonable Or
• For an Invalid Reason.
• ????????????????????
• ?????????? ?
• ????????

23
Unfair Dismissal?????

• Excluded Employees
• All employees during the first 3 months of their
  employment (the probationary period)
• written agreement may be made to shorten or
  waive period of probation
• ??????????,???????
• ??????3??(??????)???????
• ????????????????

24
Unfair Dismissal?????

• Excluded Employees ???????
• Employees serving a period of probation longer
  than 3 months
• if pre-determined in written agreement
• must be a reasonable period
• NB - these exclusions cease to apply if the
  employee is dismissed for an invalid reason
• ???????,???3??????????
• ??????????
• ????????????
• ?????????????????,??????????

25
Unfair Dismissal?????

• Excluded Employees ???????
• Short term casual employees
• Definition
• Less than 1 year employment
• Irregular and non-systematic employment
• No reasonable expectation of continued
  employment
• Not excluded if dismissed for certain invalid
  reasons
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26
Unfair Dismissal?????

• Excluded Employees???????
• Employees engaged for specific period/task
• Not excluded if main purpose of engagement for
  specific period/ task was to avoid Act
• Employees whose annual wages are more than
  81,500
• Apprentices or trainees
• ?????????????????
• ??,????????????????????????,?????????? ??????????
• ???81,500????????
• ????????

27
Unfair Dismissal?????

• Harsh, Unjust or Unreasonable Dismissals
  Matters Considered by the Industrial
  Commission????????????-??????????
• was employee notified of the reason for
  dismissal
• was dismissal due to
• conduct/capacity/performance of employee
• operational requirements of business
• ??????????????
• ???????????
• ????????????
• ???????

28
Unfair Dismissal?????

• Harsh, Unjust or Unreasonable Dismissals
  Matters Considered by the Industrial Commission
• ????????????-??????????
• If dismissal related to their conduct, capacity
  or performance, was the employee given
• a warning, or
• an opportunity to respond to allegations
• any other matters considered relevant
• fair process and a good reason for dismissal
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• ???
• ??????????
• ?????????
• ???????,????

29
Unfair Dismissal?????

• Invalid Reasons for Dismissal
• ???????
• temporary absence because of illness or injury -
• any period of paid sick leave, or
• unpaid leave lt 3 months in any 1 year.
• pregnancy, adoption or birth of a child
• absence on, or application for, parental leave
• ??????????
• ????????????
• 1????3????????
• ?????????????????
• ??????????,?????

30
Unfair Dismissal?????

• Invalid Reasons for Dismissal
• ???????
• discrimination
• on the basis of sexual preference or family
  responsibilities
• contravening Anti-Discrimination Act 1991
• filing a complaint or taking part in legal
  proceedings against an employer
• ??
• ????????????
• ??1991?????
• ?????????????

31
Unfair Dismissal?????

• Invalid Reasons for Dismissal???????
• refusing to negotiate for, make, sign, extend,
  amend or terminate an agreement (federal or
  state)
• seeking office, or acting, or having acted as an
  employees representative
• membership or non membership of a union or
  taking part in union activities
• failing to comply with conditions of employment
  that stipulate how, where or with whom wages are
  to be spent
• ??????????????????????(?????)??
• ????????????????????????
• ??????????,???????
• ????????????????,?????????????

32
Unfair Dismissal?????

• Notice of Termination by Employer
• ???????
• Dismissal - minimum notice of or pay in lieu -
• Period of Continuous Service
  Notice
• Not more than 1 yr 1 wk
• More than 1 yr not more than 3 yrs 2 wks
• More than 3 yrs not more than 5 yrs 3 wks
• More than 5 yrs 4 wk
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• ???? ??????
• ???1? 1?
• 1??????3? 2?
• 3??????5? 3?
• 5??? 4?

33
Unfair Dismissal?????

• Notice of Termination by Employer
• ???????
• Includes transferred service
• Employees over 45 yrs with at least 2 yrs
  continuous service with the employer receive
  extra 1 week notice.
• Resignation notice or pay in lieu set by award
  or agreement between employer and employee if no
  award
• ???????????????
• 45???,??????2????????,?????1?????????
• ????????????????,?????????????????

34
Unfair Dismissal?????

• Notice of Termination - Excluded Employees
• ???????,???????
• Casual employees (short and long term)
• Employees engaged by the hour or by the day
• Employees engaged for specific period or task
• Employees on probation (as defined in Act)
• Employees whose annual wages are more than
  81,500
• Apprentices, trainees or employees in labour
  market programs
• ????(???????)
• ???????????
• ???????????????
• ??????(?????)
• ???81,500????????
• ???????????????????

35
Unfair Dismissal?????

• Employees may apply to the Queensland Industrial
  Relations Commission for reinstatement if they
  believe they have been unfairly dismissed
• Application formally heard only after
  conciliation unsuccessful
• ???????????????,??????????????????
• ??????,??????????????

36
Unfair Dismissal?????

• If satisfied employee was unfairly dismissed, the
  Commission may order
• reinstatement to former position, or
• if that is impracticable - re-employment in a
  position that the employer has available, or
• if reinstatement/re-employment would be
  impracticable compensation of up to 6 months
  wages
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• ?????
• ????,????????????????
• ????????????,?????6??????????

37
Time and Wages Records???????

• Records must be kept at a workplace of the
  employer in Queensland for all employees.
• Records must be kept for 6 years.
• Records must be kept in English.
• ????????????????????????
• ??????6??
• ??????????

38
Time and Wages Records???????

• Pay slip/envelope including prescribed
  information must be provided to employees.
• Employees have right to inspect their own time
  and wages records (for the previous 12 months)
  once in any 12 month period - outside employees
  working hours.
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• ?????????12???,??????????,???????????????(?????12?
  ????)?

39
Time and Wages Records???????

• employees full name, address and date of birth
• employers full name
• ?????????????
• ????

40
Time and Wages Records???????

• for each pay period ???????
• employees job title ???????
• employees wage rate ??????
• number of hours worked each day and
  week ???????????
• gross and net wages paid?????????
• details of any deductions from wages
• ?????????
• for casuals entitled to long service leave
  total ordinary hours calculated to 30 June each
  year
• ????????????????,????????????6?30??

41
Pay Slips or Envelopes???????

• date of payment and period covered by it
• number of hours covered by the payment at
  ordinary and overtime rates
• ordinary and overtime hourly rates and amounts
  paid at each of those rates
• ?????????????
• ???????????????????
• ??????????????????,??????????????????

42
Pay Slips or Envelopes???????

• gross and net wages paid
• details of any deductions from wages
• amount of contribution paid to a super fund
• employers full name
• ?????????
• ?????????
• ??????????
• ????

43
Payment of Wages?????

• Wages must be paid in full except for deductions
  authorised in writing by the employee or the
  Industrial Relations Act 1999
• Wages must be paid as stated in award or at
  least monthly in Australian currency (rounded to
  nearest 5c) if no award
• ?????????????1999????????????,???????
• ???????????,???????(????????5???????????)?????????
  ??,?????????

44
Payment of Wages?????

• With an employees written consent, wages may be
  paid
• wholly or partly into an account with a
  financial institution nominated by the employee,
  or
• by cheque (payable to the bearer on demand),
  draft, money order or electronic funds transfer
• ???????????,????
• ???????????????????
• ???(????????,????????????????)??????????,?????????
  ?

45
Duties of Employers?????

• to provide work and pay the employee at least the
  legal minimum wages
• to provide safe working conditions and safe
  equipment
• ????,?????????????????????
• ????????????????

46
Duties of Employers?????

• to not expose the employee to undue risk at work
  and to compensate the employee for injuries
  sustained at work (eg. workers compensation)
• to reimburse or indemnify the employee for
  approved expenses incurred in employment
• to provide adequate training to enable work to be
  performed in safety and to required standards
• ????????????????,?????????????????(??????)
• ???????????????????????????
• ?????????,???????????????????

47
QUESTION TIME ?????????????????

• WAGELINE (Dept. of Industrial Relations)
• all enquiries about payment of wages or other
  entitlements in awards, agreements or the Act
  ?????????????????????????
• purchase copies of awards and agreements????????
• phone [phone]
• internet www.wageline.qld.gov.au