Employee Relations

Fact Sheet

Amendments to Industrial Relations Act

1 July 2013
A.

OVERVIEW

Recent amendments to the Industrial Relations Act 1999 (Qld) will directly affect day to day operational management practices in all Queensland Health services. Legislative changes affect:

Union encouragement entitlements and practices; Policy incorporation provisions in industrial instruments; Right of entry for union officials; Inspection of time and wages records; Organisational change provisions; & Recovery of overpaid wages.

B.

UNION ENCOURAGEMENT PROVISIONS

Union encouragement provisions in Awards and Certified Agreements no longer have effect. There is no requirement for:

Union information to be made available in the workplace; Union officials or delegates to be given time during orientation programs to discuss union membership with new employees; or Facilities, resources or premises to be made available to a union official or delegate for union activities (other than as provided for under right of entry provisions). Attend training, conferences or other union activities during work time; or Attend workplace union meetings in work time. F1 Use of QH premises for union meetings F4 Union encouragement C39 Industrial relations education leave C40 Special leave without pay to undertake work with relevant union.

Employees are no longer entitled to:

The following HR Policies have been rescinded and no longer have effect:

C.

POLICY INCORPORATION PROVISIONS IN INDUSTRIAL INSTRUMENTS

Policy incorporation provisions in Awards and Agreements no longer have effect. A policy incorporation provision is one that incorporates employment policies as terms of an industrial instrument. The Director-General (or delegate) may exercise management prerogative to amend previously incorporated policies to promote improved productivity and service delivery outcomes.

D.

RIGHT OF ENTRY UNDER INDUSTRIAL RELATIONS ACT 1999

An authorised industrial officer must give at least 24 hours (but not more than 14 days) written notice of entry into a workplace to hold discussions with a union member or an employee who is eligible to be a union member. The employer may give the union official written notice about where entry to the workplace is to occur (particular floor/office/conference room). Union officials are not required to give a written notice of entry if attending the workplace at the invitation of management for the purpose of participating in management-convened meetings. Union officials do not otherwise have authority to be present in the workplace.

E.

INSPECTION OF TIME AND WAGES RECORDS

Time and wages records may now be kept at or accessed from a workplace of the employer. An authorised industrial officer must give at least 24 hours (but not more than 14 days) written notice of entry into a workplace prior to inspection of time and wages records. If an employer receives written notice from a union official seeking to enter a workplace to inspect time and wages records, the employer may give the union official a written notice stating the particular part of the workplace, or another place, where the records may be inspected.

F.

ORGANISATIONAL CHANGE PROVISIONS

Amendments to the Industrial Relations Act in 2012 made organisational change provisions in Awards and Certified Agreements of no effect. The meaning of organisational change provision has been clarified. An organisational change provision means a provision, other than a termination, change or redundancy (TCR) provision, that requires an employer to notify, consult with, or involve a union in decision making about proposed organisational change before making a decision about, or implementing, the proposed change. Established consultative processes with respect to TCR provisions remain unchanged.

G.

RECOVERY OF OVERPAID WAGES

There is no longer a specific requirement for written consent in relation to recovery of overpaid wages. A verbal agreement from an employee will be sufficient consent. The employer must provide a written acknowledgement to the employee of the employees verbal consent before any deduction occurs. On ceasing employment, an overpayment may now be deducted from an employees final payment. For the purpose of recovering overpayments, an employee is taken to have ceased employment regardless of whether they begin new employment (or resume previous employment) as a health employee.

Employee Relations Human Resource Services Branch System Support Services Division. Contact ER at ER@health.qld.gov.au.