Module Application
Does the local government employer in Queensland:
Ensure compliance with all statutory obligations relating to industrial relations, workers’ compensation, anti-discrimination, and work health and safety?
Have policies and systems in place to provide fair and equitable treatment of all employees, in alignment with Queensland's industrial relations and employment laws?
Understand its obligations under the Industrial Relations Act 2016 (Qld) and related legislation applicable to local government employment?
Module Scope
The Queensland Local Government – Local Government Employment module outlines the legal and regulatory obligations of local government employers regarding employment practices and industrial relations. The module serves to guide local government entities in their responsibilities for fair employment practices, adherence to workplace rights, workers' compensation, and workplace health and safety regulations.
Key areas of compliance covered in this module include:
- Making and managing bargaining instruments such as awards and agreements
- Recruitment practices, including compliance with anti-discrimination and equal employment opportunity (EEO) laws
- Basis of employment (e.g., full-time, part-time, and casual classifications)
- Wages, remuneration, and working hours
- Leave entitlements and flexible working arrangements
- Management of superannuation contributions
- Conduct and fair treatment in the workplace
- Industrial action and disputes
- Workers' compensation obligations and policies
- Adherence to directives and determinations by the Queensland Industrial Relations Commission (QIRC)
This module focuses on obligations specific to local government employment in Queensland under the Industrial Relations Act 2016 (Qld), Local Government Act 2009 (Qld), and relevant associated legislation and regulations. Local government employers are also subject to Commonwealth laws for certain matters, including certain types of leave, anti-discrimination provisions, and public interest disclosure obligations.
The Queensland Local Government – Local Government Employment module comprehensively covers a wide range of topics, including:
- Industrial Relations:
- Local government employers must comply with the Industrial Relations Act 2016 (Qld) regarding the creation and implementation of bargaining instruments, including awards, certified agreements, and arbitration determinations. These instruments outline wages and employment conditions, emphasizing genuine consultation and good faith in collective bargaining.
- Compliance with obligations related to workplace rights, protection from unfair dismissal, and fair treatment of employees.
- Recruitment and Equal Employment Opportunity (EEO):
- Recruitment must align with local government principles and anti-discrimination laws. The CEO of a local government employer is responsible for ensuring equal opportunity in employment practices and adherence to human rights standards as of January 2020.
- Employment Classification and Working Hours:
- Ensure correct classification of employees (full-time, part-time, casual) according to industrial instruments, with accurate remuneration and working hours as per the Queensland Employment Standards (QES) and relevant awards.
- Specific obligations for casual and temporary employees, long-term and short-term casual employment, and compliance with superannuation requirements.
- Wages and Renumeration:
- Accurate payment of wages at or above the minimum wage, correct calculation of penalty rates, and compliance with record-keeping and reporting obligations for remuneration.
- Leave Entitlements and Flexible Working Arrangements:
- Provision of leave entitlements (e.g., parental leave, sick leave, carer’s leave, cultural leave) and mechanisms for employees to request flexible working arrangements.
- Workplace Health and Safety and Workers’ Compensation:
- Compliance with obligations under Work Health and Safety Act 2011 (Qld) and Workers Compensation and Rehabilitation Act 2003 (Qld). Employers must maintain insurance policies for work-related injuries, appoint rehabilitation coordinators, and have appropriate return-to-work programs.
- Conduct and Fair Treatment in the Workplace:
- Adherence to codes of conduct established under the Public Sector Ethics Act 1994 (Qld), promoting principles such as integrity, impartiality, and accountability.
- Compliance with workplace rights and anti-bullying provisions.
- Industrial Action and Dispute Resolution:
- Regulations governing protected and unprotected industrial action, dispute resolution processes, and employer responsibilities in managing industrial disputes.
Significant consequences can apply to local government employers that are found to have breached or not complied with their legal obligations. These consequences vary considerably depending on the nature and extent of the breach or failure. The Queensland Local Government – Local Government Employment module covers these specific consequences in detail, which may include:
- Civil penalties and significant fines for breaches of industrial instruments and statutory obligations
- Criminal penalties for specific contraventions, including fines and potential imprisonment
- Enforcement actions by the Queensland Industrial Relations Commission (QIRC), including mandatory orders and injunctive relief
- Loss of reputation and financial repercussions associated with workplace disputes and breaches of employment standards
The module covers the role and responsibilities of local government entities. It does not cover the role or actions to be taken by consumers in the event of a breach of regulations or obligations by an organisation.