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Employment Relations

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The Employment Relations Department (“ERD”) of the QHA is a dedicated employment relations team. Specialists in employer advocacy, agreement making and industrial instrument interpretation, the ERD sets a high standard for expertise and professional in the rapidly evolving and complex employment relations arena.

As a member of the QHA*, you can contact the ERD with queries regarding employment terms and conditions, compliance with industrial instruments, discipline and termination of staff, and any other employment relations matters. In addition to your day to day employment relations issues, the ERD can assist in more complex matters on a very competitive fee for services basis.

In order to receive advice and assistance from the ERD on behalf of your venue, please nominate yourself as an authorised ER Contact by completing the ER Authorisation Form which can be downloaded here.

Who We Are, and What We Can Assist You With

* Please note that only current financial members (excluding Corporate Members) can access free ERD services. Corporate Members can access ER advice on a fee for service basis only.

ADVICE AND ASSISTANCE AS PART OF MEMBERSHIP

Financial members* can access advice and assistance on the following matters as part of their QHA membership:

  • Provision of relevant award wage rate sheets
  • Interpretations of award terms and conditions
  • Interpretation of applicable industrial instruments
  • Advice on employer obligations in the employment arena
  • Information regarding the formal appointment of new staff
  • Counselling and disciplinary processes for terminating employment in a fair manner
  • Workers' Compensation obligations
  • Managing and responding to requests from employees for flexible work arrangements
  • Long service leave calculations (up to 3 free per venue per year for QHA hospitality venue members)
  • The process for managing ill and injured workers
  • How to draft and implement employment relations policy and procedures for your workplace

*Please note that only current financial members (excluding Corporate Members) can access free ERD services. Corporate Members can access ER advice on a fee for service basis only.

ER CONSULTANCY SERVICES

For complex employment relations matters, the following professional consultancies are available at the very competitive member rate of $250.00 plus GST per hour.
Our full range of consultancies include:
  • Representation in all matters before the Fair Work Commission
  • Representation in all matters before the Fair Work Ombudsman
  • Representation in all matters before the Queensland Human Rights Commission and Australian Human Rights Commission
  • Representation in matters before the Queensland Civil and Administrative Tribunal
  • Enterprise Agreement negotiation and drafting
  • Individual Flexibility Agreements drafting
  • Investigations into workplace incidents
  • In-house training on various matters
  • Other complex employment relations matters

To find employment relations services, documents, forms and consultancy information, please contact us today.

Employment Relations Services

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The Employment Relations Department can assist with the calculation of Long Service Leave entitlements. To access this service, download and complete the Long Service Leave Calculation Request Form (pdf).

For more information about Long Service Leave entitlements and calculations download the Long Service Leave Fact Sheet (pdf).

Note: the calculation service is free to QHA hotel/venue members (limit of three per calendar year per venue and thereafter $99.00* per calculation). Corporate QHA members and Partners can also access the service for a fee of $99.00 per calculation. Non QHA member calculations are undertaken for $169.00 per calculation. Terms and conditions for long service leave calculations are contained in the request.

Full Time employees - entitlements

Long service leave entitlements are calculated based on the period of service an employee has completed. Full time employees are eligible for long service leave entitlement of 8.6667 weeks leave after 10 years continuous service. This long service leave entitlement was introduced as an amendment to the Industrial Relations Act effective from 3 June 2001. Depending on when the employee commenced employment and how many years service, if any, had been completed prior to 3 June 2001, a different formula is used to calculated the long service leave entitlement.

Regular Part Time & Casual Employees

The qualifying period for long service leave entitlements for casual or regular part time employees is the same as that for full time employees, however the number of hours leave due and the amount payable at that time will be determined by the reduced hours worked by the employee.

The number of hours leave to which a regular part time or casual employee is entitled, is calculated by dividing the total ordinary hours worked during the period of service by 52 and multiplying this amount by 0.86667.

Employment Relations Consultancy Services

Has one of your employees raised a complaint or concern in relation to the terms and conditions of their employment?

If so, the Employment Relations Department can assist you, on behalf of the employer.

We are able to assist you as an actual representative or alternatively by providing advice and assistance to you behind the scenes without the other party actually being aware.

As your representative we can advise you about the appropriate course of action, speak to your employee or the employee’s authorised representative, enter into negotiations and attend to any correspondence.

Alternatively, by providing advice and assistance to you behind the scenes, we can advise you about the appropriate course of action and draft your correspondence. This has become quite a popular service as it reduces the likelihood of the employee escalating their concern or complaint and increases the likelihood of the matter being resolved.

Let the QHA Assist You!

For the nominal fee of $250.00 plus GST per hour, one of the QHA’s Employment Relations experts can represent your interests and achieve the best outcome for you.

An Enterprise Agreement is a legally binding agreement that is negotiated between an employer and its employees. An Enterprise Agreement can replace an award or awards entirely thereby representing an agreement that has been made to suit a particular enterprise and the unique characteristics of that enterprise.
The following types of Enterprise Agreements can be made now:
  • Single-enterprise Agreements
  • Multi-enterprise Agreements
  • Greenfields Agreement)
Notably, at the end of 2022, significant amendments were made to the enterprise bargaining framework in the Fair Work Act 2009 (‘the Act’). Perhaps the biggest impact of these amendments was the expansion of multi-employer provisions across the following three streams:
  • Single interest employer authorisation stream
  • Supported bargaining stream
  • Cooperative workplace stream
The collective effect of these amendments shifts the focus towards industry level bargaining and expands the ability for employees or unions to unilaterally compel their employer to  bargain and become subject to agreements after approval by the Fair Work Commission (‘the Commission’). These amendment will take effect in June 2023.
In addition to the above amendments, any agreement that commenced prior to 1 July 2009 or during 1 July 2009 to 31 December 2009 are now considered a ‘zombie agreement’. Under the Act, zombie agreements will automatically expire on 7 December 2023.
 
Let the QHA Assist you! 
 
The Employment Relations Department are developing resources to assist members navigate these changes and can provide advice on these matters as part of the QHA membership. If you would like detailed advice and expert assistance on the above, whether that be negotiating a new enterprise agreement or you are a party to a single interest employer authorisation or terminating an agreement, one of QHA’s Employment Relations experts can assist you for the nominal hourly fee of $250.00 plus GST per hour.

 

A workplace incident may require formal investigation where the incident potentially breaches an industrial instrument or workplace policy. This is particularly the case where the alleged incident may result in disciplinary action against an employee or employees.

A fair and thorough investigation of workplace incidents will reduce the likelihood of industrial claims being made by employees, particularly where an employee complaint is not investigated properly or not at all. This may lead to employees lodging claims in external bodies, such as the Fair Work Commission or Queensland Human Rights Commission.

While an employer would be able to conduct an investigation internally, there is always the apprehension of bias by employees. Therefore, it is a good idea to have the investigation conducted by someone external to the employer's business.

The Employment Relations Department can conduct workplace investigations on behalf of employers. In order to conduct a workplace investigation, attendance at the workplace is not necessarily required. All relevant documentation can be provided to the investigator electronically or by mail and any interviews can be conducted by telephone. This saves an enormous amount of time and costs and also allows the investigation to be conducted at any workplace in Queensland with telephone access.

For the nominal hourly fee of $250.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake the workplace investigation on your behalf.

The Hospitality Industry (General) Award 2020 (the 'HIGA') and the Restaurant Industry Award 2020 (the 'RIA') both allow for employers and individual employees to enter into an individual flexibility arrangement ('IFA'). Enterprise Agreements may also contain clauses that allow for an IFA.
 
This clause has been incorporated into the HIGA and the RIA so that an employer and an individual employee can vary the operation of particular terms of the Award to be more flexible and practical in relation to the genuine needs of the employer and the employee.
 
An IFA is designed to be used when an employer and an employee mutually agree to vary certain terms of a modern award that applies to the employee – in line with the variations allowable under the relevant modern award.
Therefore, an IFA is not an employment contract, rather, it is an agreement that is reached once employment has commenced. Employment cannot be offered conditional upon a prospective employee entering into an IFA.
 
WHAT CAN I VARY?
 
The terms of both the HIGA and the RIA that an employer and an individual employee may agree to vary are:
 
  • Arrangements for when work is performed; and/or
  • Overtime rates; and/or
  • Penalty rates; and/or
  • Allowances; and/or
  • (Annual) Leave loading.
However, in varying the above terms, an IFA must result in the individual employee being Better Off Overall in relation to their overall terms and conditions of employment when compared to the HIGA.
 
The Employment Relations team can assist with the drafting of an Individual Flexibility Agreement (IFA) on your behalf. For the nominal fee of $250.00* plus GST per hour, the QHA's experienced team can assist you.
QHA’s Employment Relations Department has significant experience representing employers in various tribunals, including the Fair Work Commission, Fair Work Ombudsman, Queensland Human Rights Commission, Human Rights Commission, Queensland Industrial Relations Commission and Queensland Civil Administrative Tribunal.
 
We can represent you in a range of applications, including but not limited to,
 
  • Unfair Dismissal Application
  • General Protections Application
  • Anti-Bullying Application
  • Stop Sexual Harassment Applications
  • Discrimination complaints (both employee and patron)
  • Sexual Harassment Complaints
  • Underpayment claim
  • Enterprise agreement (bargaining, termination and/or variation)
 
Our consultancy services includes assisting members from start to finish. We can assist you in responding to the filed application, drafting submissions and witness statements, negotiate on your behalf with the other parties (unrepresented or represented) and appear before the relevant tribunal. During this process, we will always act in your interest to achieve the best outcome for you.
 
Let the QHA Assist You!
 
For the nominal hourly fee of $250.00* plus GST per hour, one of the QHA's Employment Relations experts can advocate on your behalf.

Wage Rates

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