qha_line

Employment Relations

qha_line

The Employment Relations Department ("ERD") of the QHA is a dedicated industrial relations and human resources team. Specialists in agreement making and employer advocacy in the hospitality industry, the ERD sets a high standard for expertise and professionalism 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 awards, discipline and termination of staff, and similar matters. In addition to your day to day HR issues, the ERD can assist in more complex matters involving representation or detailed advice on a very competitive fee for service basis.

The QHA is a registered employer association, therefore advice and assistance is provided to authorised ER contacts only. To add a new ER Contact for your member venue, click HERE to download the ER Contact Authorisation form. Persons not authorised to obtain assistance from the ERD will not be assisted.

* 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.

FREE ADVICE AND ASSISTANCE

Financial members* can access the following free employment relations telephone and email advice and assistance: 

  •  Provision of relevant award wage rate sheets
  • Interpretations of award terms and conditions
  • 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
  • Recruitment and selection techniques
  • Superannuation and 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 policy and procedures (business, operational and legal) for your workplace.

ER CONSULTANCY SERVICES

For those more complex employment relations matters, the following professional consultancies are available at the very competitive member rate of $205.00 per hour plus GST. The QHA's hourly fee is close to half the price of a law firm - and we can provide a similar professional and industry specific service. Members can access a FREE consultation (of up to one hours duration) for matters involving an industrial relations application to appear before an industrial tribunal or government agency/body. During this consultation your case will be assessed by an experienced consultant, and preliminary advice will be provided together with an estimate of the QHA's professional fees to represent your interests/defend against the claim.

 Our full range of consultancies include:

  •    Unfair dismissal application representation before the Fair Work Commission
  •   Adverse Action, Anti-Bullying and other dispute representation before the Fair Work Commission
  •   Anti-Discrimination Commission Queensland representation for discrimination or a sexual harassment complaint
  •   Fair Work Ombudsman representation
  •   Wage reconciliations
  •   Enterprise Agreement negotiation and drafting
  •  Individual Flexibility Agreements drafting
  •  Investigations into workplace incidents
  •    In-house training
  •    Workplace Agreement to the National Employment Standards comparison audits and reports
  •   Industrial Relations Compliance Consultancy.

To find employment relations and employment relations consultancy information please use the knowledge base below. If you cannot find what you are looking for please contact us today.   

Employment Relations Services

You need to login to view this content. Please . Not a Member? Join Us

Fact Sheets are available at no cost for QHA members, and cover a wide range of workplace relations topics.

A
Abandonment of Employment (June 2016 version) - This Fact Sheet addresses the issue of abandonment of employment and identifies what action an employer can take.
Allowances Under the HIGA (July 2017 version) - This Fact Sheet provides details of the various allowances payable under the Hospitality Industry (General) Award 2010
Annual Leave (August 2016 version) - This Fact Sheet provides an overview of annual leave, as provided in the National Employment Standards as a minimum entitlement for private sector employees.
Award Application (November 2017 version) - This Fact Sheet provides information on how to determine which Award applies to an employer and an employee.

B

C
Child Employment Laws (June 2016 version) - This Fact Sheet summarises the legislation surrounding child employment in Queensland including age restrictions, hours of work and the type of work being performed.
Classifications Under the HIGA (July 2017 version) - This Fact Sheet provides guidance on how to properly classify an employee's employment as per Schedule D of the Hospitality Industry (General) Award 2010
Consultation Provisions in the HIGA and RIA (June 2016 version) - This Fact Sheet provides a detailed interpretation of the new consultation provisions as they relate to changes to an employee's roster or ordinary hours of work is provided

D
Deductions from Wages (June 2016 version) - This Fact sheet provides guidelines on when an employer is allowed to make deductions from an employee's wage and the concept of a deduction having to be to the employee's benefit.

E
Employee or Independent Contractor (July 2016 version) - This Fact Sheet explains the difference between an employee and a contractor.
Employee Records and Payslips Requirements (August 2017 version) - This Fact Sheet clearly outlines an employers legal obligations for record keeping and pay slips.
Enterprise Agreements (August 2016 version) - This Fact Sheet details the agreement making process under the Fair Work Act 2009.

F
Fair Work Commission (July 2016 version) - This Fact Sheet provides information on the industrial umpire which regulates the federal system of industrial relations.
Fair Work Ombudsman (October 2016 version) - This Fact Sheet provides information about the functions of the Fair Work Ombudsman.
Flexible Work Requests and Reasonable Business Grounds (July 2016 version) - This Fact Sheet provides guidelines for responding to an employee's request for flexible work arrangements under the National Employment Standards.

G
Gender Equality (May 2016 version) - This Fact Sheet provides detail on the Commonwealth Workplace Gender Equality Act 2012 and what it means for those employers who are required to report annually.
General Protections (August 2016 version) - This Fact Sheet provides detail on the General Protections provisions under the Fair Work Act 2009 and what constitutes Adverse Action under the Act. The General Protection provisions provide a right to apply to Fair Work Australia if an employer or employee is subject to Adverse Action.

H
HIGA Annualised Salary Arrangements (July 2017 version) - This Fact Sheet outlines the two types of annualisation arrangements provided for in the Hospitality Industry (General) Award 2010 and explains the differences between how each is designed to work.

I
Industrial Instruments under the Fair Work Act (January 2010 version) - The introduction of the Fair Work Act 2009 on 1 July raises questions about how existing industrial instruments which were implemented during the operation of the Workplace Relations Act 1996 will be affected by the operation of the new fair work legislation. This Fact Sheet addresses those questions.
Individual Flexibility Agreements (July 2016 version) - This Fact Sheet provides information on how employers can utilise the option of an Individual Flexibility Agreement under the Hospitality Industry (General) Award 2010.
Investigating a Workplace Incident (July 2016 version) - This Fact Sheet presents considerations for employers preparing for, and conducting an investigating a workplace incident.

J
Juniors and Alcohol Service (July 2016 version) - This Fact Sheet explains the current Award provisions regarding the service of alcohol and provides the history behind the current arrangements.

K

L
Letters of Appointment (July 2016 version) - This Fact Sheet provides tips on drafting a letter of appointment which clearly outlines the conditions governing the employment relationship between an employee and employer.
Long Service Leave (May 2017 version) - This Fact Sheet explains the Long Service Leave entitlements in Queensland including when pro-rata Long Service Leave is payable.

M

Meal Breaks Under the HIGA (July 2016 version) - This Fact Sheet provides practical guidance on how clause 31 of the Hospitality Industry (General) Award 2010 operate.

N
National Employment Standards (July 2016 version) – Having taken effect on 1 January 2010, the 10 National Employment Standards represent the minimum employment conditions for all private sector employees subject to the federal system, regardless of what industrial instrument governs the employee's terms and conditions of employment.

O

P
Paid Parental Leave (July 2017 version) - This Fact Sheet provides a comprehensive summary of the Commonwealth Government's Paid Parental Leave Scheme. A free sample Paid Parental Leave policy is contained in the Fact Sheet.
(NES) Parental Leave (February 2017 version) - This Fact Sheet provides an overview of unpaid parental leave, as provided in the National Employment Standards as a minimum entitlement for private sector employees.
Personal/Carer's Leave (August 2016 version) - This Fact Sheet provides an overview of personal/carer's leave, as provided in the National Employment Standards as a minimum entitlement for private sector employees.
(2017) Public Holidays (December 2016 version) - This Fact Sheet lists the 2017 public holidays.

(2018) Public Holidays (October 2017 version) - This Fact Sheet lists the 2018 public holidays.

Q

R
Redundancy (August 2016 version) – This Fact Sheet covers what is a genuine redundancy and provides the best practice approach to implementing redundancies, including employer obligations regarding consultations with employees as well as employee entitlements.

S
Stand Down (July 2016 version) - This Fact Sheet details the circumstances where an employee can stand down an employment without pay.
Superannuation (July 2017 version) - A 2009 ATO ruling changed the definition of 'Ordinary Time Earnings' in relation to compulsory employer contributions. This Fact Sheet details the current definition.

T
Termination Provisions (July 2017 version) - The Fair Work Act 2009 introduced significant changes to Unfair Dismissal provisions. This Fact Sheet covers Unfair Dismissal, Adverse Action, Breach of Contract and Discrimination under the federal workplace relations legislation.
Transfer of Business (October 2016 version) - The Fair Work Act 2009 regulates the transfer of employee entitlements from one employer to another during a transfer of business. This Fact Sheet provides further detail about the obligations of the old employer and new employer as well as penalties which apply for non-compliance.

U
Union Right of Entry (September 2017 version) - This Fact Sheet outlines Right of Entry provisions under the Fair Work Act 2009.
Unlawful Discrimination (August 2016 version) - This Fact Sheet provides useful and practical information on unlawful discrimination as defined in the Queensland Anti-Discrimination Act 1991.
V

W
Workplace Bullying (July 2016 version) - This Fact Sheet outlines the Working Bullying (Anti-Bullying) provisions of the Fair Work Act 2009, including who can make a complaint and the process the Fair Work Commission follows in dealing with a complaint.

X

Y

Z

Members are encouraged to be pro-active and find out more about the Act and how it will effect hotel operators. Many elements of the legislation are complex, so before doing anything you are unsure of, contact the QHA Employment Relations Department. Let us buy you time.

QHA’s new fixed-fee service for hospitality employers, the Wage Health Check, is a quick and inexpensive audit to ensure that you as an employer are meeting your wage related obligations.

Under the Fair Work Act 2009 (‘the FW Act’) it is legislated that employers must ensure that all minimum entitlements are observed for employees, both under the National Employment Standards (‘NES’) and the relevant Modern Award, such as the Hospitality Industry (General) Award 2010 (‘HIGA’) or Enterprise Agreement.

Managing your wage related obligations can be challenging

It can often be difficult getting your wage obligations right. Many aspects of it can be confusing, including setting up payroll systems, rostering staff and paying other entitlements such as allowances and penalties.  All of this can cause added stress and paperwork that you don’t need when trying to run a business.

Let us help!

The Wage Health Check has been designed to take the stress and confusion out of getting employee entitlements right for QHA members.

And it’s simple - you give us your time and wages data and we’ll do the rest!

For one low fixed-fee price of $395 + GST we will undertake a Wage Health Check for:

  • One Award classification - 12 weeks of data (Perfect for HIGA Clause 27.1 reconciliation requirements)

   OR

    • 3 Award classifications - 4 weeks of data for each classification

The QHA Employment Relations team will check compliance against the HIGA or Enterprise Agreement in place for all relevant entitlements including pay rates, ordinary time earnings, overtime, penalties and allowances.  They will also conduct a check of the rostering to ensure this meets minimum requirements.

As part of the service QHA will also provide you with a confidential Wage Health Check Report. And, if any issues are identified, we can work with you to resolve these quickly and effectively.

This low-cost service can not only save you the time and effort of double-checking in-house, it can also save you the money, time and resources that can come with defending claims for underpayment of wages down the track.  But most importantly, it will give you peace of mind by knowing that your employees are receiving everything they’re entitled to under the law.

Call us now to book your QHA Wage Health Check on 07 3221 6999

Wage Health Check for Non QHA Members: Non QHA member employers can still access the Wage Health Check services advice and assistance. However an hourly fee for service rate will be applied. For more information, contact a member of the Employment Relations Department.

QHA Employment Relations Department
Ph 07 3221 6999
Email er@qha.org.au

 Position Statements

AHA Position: Four Year Review of Modern Awards

This Position Statement Outlines the AHA's position on the Four Year Modern Award Review with respect to the Hospitality Industry (General) Award 2010. 

AHA Position Statement: Shift Worker Definition

This Position Statement outlines AHA's interpretation of the Shift Worker definition in the Hospitality Industry (General) Award 2010.

Submissions

The following QHA/AHA Submissions can be accessed below:

SUBMISSIONS TO THE FAIR WORK COMMISSION FOUR YEARLY REVIEW OF MODERN AWARDS 

  • AHA Submission on the Part Time Common Issue
  • Correspondence of 17 July 2015 click here
  • AHA Submission on Penalty Rates in the Hospitality Industry (General) Award 2010
  • Correspondence of 13 February 2015 click here
  • AHA Submission on the general review of clauses in the Hospitality Industry (General) Award 2010. Please note proceedings in this matter have been delayed until 2016.
  • Correspondence of 2 March 2015 click here
  • Correspondence of 23 March 2015 click here

SUBMISSION TO THE PRODUCTIVITY COMMISSION REVIEW OF THE WORKPLACE RELATIONS FRAMEWORK
 
AHA Submission - March 2015 click here
Productivity Commission Draft Report (dated 4 August 2015) click here
AHA Submission in response to the Draft Report - September 2015 click here
NOTE: AHA represented the interests of the Accommodation Association of Australia in this matter

Employment Relations Department
Ph: 07 3221 6999
Fax: 07 3221 6649
Email: er@qha.org.au

The Employment Relations Department can assist with the calculation of Long Service Leave entitlements. To access this service, scroll down this page to download the Long Service Leave - Calculation Request Form.

Note: the calculation service is free to QHA hotel/venue members (limit of three per calendar year per venue and thereafter $88.00* per calculation). Corporate QHA members and Partners can also access the service for a fee of $88.00 per calculation. Non QHA member calculations are undertaken for $159.00 per calculation.

Terms and conditions for long service leave calculations are contained in the request, which can be downloaded from the bottom of this page.

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.

On a quarterly basis, QHA's Employment Relations Department hosts HR Advisory Group ("HRAG") meetings to discuss current issues affecting HR professionals in the accommodation industry.

The meetings are conducted by the QHA's Employment Relations team who present on a range of informative topics designed to facilitate discussion among attendees. Guest speakers, including Fair Work Commission tribunal members, lawyers and industry experts regularly attend to discuss timely issues impacting on accommodation venue members.

Meetings are open to the HR Managers and HR personnel in accommodation properties, including payroll and finance, who need to keep abreast of HR and employment relations developments.

COST

Attendance is free for financial QHA accommodation members up to a maximum of three attendees per member venue.

NON MEMBER COST

Non member hotels may register to attend for 66.00 (inc GST) per attendee per session. Alternatively, registration to attend all four 2017 meetings is available for $209.00 (inc GST). Please note the meetings are not transferable into 2018.

2017 MEETING SCHEDULE

Meetings will be held in the following locations in 2017:

  • Brisbane - 16 February, 1 June, 7 September and 30 November
  • Gold Coast  - 28 February, 30 May, 5 September and 28 November
  • Cairns - 23 February, 25 May, 31 August and 23 November

To find out  more about HRAG meetings and /or to view past meeting agendas, please send your request to er@qha.org.au.

NOTE: Agendas cannot be downloaded from the website.

Employment Relations Department
Ph: 07 3221 6999
Fax: 07 3221 6649
Email: er@qha.org.au

ER Consultancy Services

Are you involved with an employment dispute with one of your employees?

If so, the Employment Relations Department can assist you (on behalf of the employer) through our employment dispute service.

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 dispute escalating and increases the likelihood of the dispute being resolved.

Let the QHA Assist You!

For the nominal fee of $205.00* per hour plus GST, one of the QHA’s Employment Relations experts can represent your interests and achieve the best outcome for you.

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 per hour plus GST and higher.

Employers have a legal obligation under the Fair Work Act 2009 and the Fair Work Regulations 2009 to keep accurate and complete time and wages records and to issue pay slips to each employee.

Employee records must legally be kept for a period of 7 years from the date an entry in an employee's record is changed, or 7 years from the date the employee's employment is terminated. An employee record that is made and kept by an employer must be:

(a) In a legible form and in the English language; and
(b) In a form that is readily accessible to an inspector.

The Fair Work legislation requires that employee records and pay slips contain specific information. These requirements are designed to ensure that workers receive their correct wages and conditions under the legislation.

In addition, other instrument such as Awards, place documentary obligations on employers that also must be met.

Fair Work Inspectors can issue employers with an infringement notice for failing to meet pay slip and record keeping requirements under the legislation. The maximum fines payable from an infringement notice are:

$540.00 per contravention – for an individual
$2,700.00 per contravention – for a body corporate
If an employers failure to meet their legal obligations is serious, wilful or repetitive, Fair Work Inspectors may seek to prosecute the employer in institute legal proceedings. In recent times, a number of hospitality employers have faced prosecution and heavy penalties for breaching provisions of the Fair Work Act 2009.

For the nominal rate of $205.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake an Industrial Relations Compliance Audit and advice you about any areas of non-compliance that require attention. Charles will also provide recommendations for the improvement of your employment relations recording practices.

We can also provide an estimate of our fees!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher.

* a higher hourly rate applies for non members.

The fair work legislation has resulted with a number of changes to the way Agreement's such as Collective Agreements and AWA's apply in workplaces. These changes must be complied with.

Where you have a workplace Agreement in place and it was made prior to 1 July 2009, your Agreement has automatically been amended by the operation of the fair work legislation.

The (major) Amendments

1. From 1 January 2010, the National Employment Standards (NES) the Fair Work Act 2009 (Cth) apply to all registered workplace agreements (otherwise known as ‘transitional instruments’).

A term of a transitional instrument has no effect where the term is detrimental to an employee when compared to an entitlement provided by the NES – the better condition will prevail. This assessment is referred to as the 'no detriment test'.

2. From 1 July each year (since 2010), the base rate in your Agreement must be at least the equivalent rate in the corresponding modern award.

Examples of Automatic Amendments

Some examples of how a NES entitlement can override a similar entitlement of a registered workplace agreement are as follows:

Example 1: Annual Leave - A registered workplace agreement provides that annual leave will accrue monthly. The NES allows annual leave to accrue progressively based on an employee’s ordinary hours of work.

The effect of the Fair Work legislation is that the NES accrual provision will apply and override the registered workplace agreement accrual provision as the registered agreement accrual entitlement is detrimental when compared to the NES accrual entitlement.

Example 2: Redundancy Pay - A registered workplace agreement provides that a permanent employee is entitled to 6 weeks redundancy pay after 3 years continuous service. The NES provides that a permanent employee is entitled to 7 weeks redundancy pay after 3 years continuous service.

The effect of the Fair Work legislation is that in relation to a permanent employee made redundant with 3 years continuous service, the 7 weeks redundancy pay provision of the NES will apply and override the 6 weeks redundancy pay provision of the registered workplace agreement as the registered agreement redundancy entitlement is detrimental when compared to the NES redundancy pay entitlement.

An example of how a base rate of pay in an award can override a base rate of pay of a registered workplace agreement is as follows:

Example 1: Higher Base Rate of Pay - The base rate of pay (ie. permanent ordinary hourly rate) for a Bar Attendant under a registered workplace agreement is $18 per hour. The base rate of pay for a Food and Beverage Attendant Level 2 under the Hospitality Industry (General) Award 2010 (HIGA) which would be the equivalent classification for this type of work is $18.91 per hour.

The effect of the Fair Work legislation is that the Bar Attendant must be paid a base rate of pay of $18.91 per hour. This is regardless of the registered workplace agreement stating a lower base rate of pay.

Further, any applicable loadings payable in addition to the base rate of pay under the registered workplace agreement must be paid on the higher base rate of pay of $18.91 per hour. Therefore, if the Bar Attendant is entitled to a shift loading of 15% in addition to the base rate of pay under the registered workplace agreement, the 15% shift loading must be paid in addition to the base rate of pay of $18.91 per hour, not the lower base rate of pay of $18 per hour under the registered workplace agreement.

(Adult) Apprentice Wage Rates

The minimum base rates of pay payable to adult apprentices covered by registered workplace agreements has also been effected by the operation of the Fair Work legislation. On 1 January 2014, an important amendment to the HIGA and the Restaurant Industry Award 2010 (RIA) introduced a range of minimum adult apprentice rates of pay.

Many registered workplace agreements that commenced prior to 1 January 2014 did not make provision for adult apprentice rates of pay. These employees were paid the applicable apprentice rate of pay based on the year of apprentice with no reference to age.

The operation of the Fair Work Legislation would therefore require those adult employees, despite being covered by a registered workplace agreement, to be paid the minimum adult apprentice base rates of pay under the HIGA and RIA (as the relevant modern award). In many cases this would be higher than the base rates of pay prescribed by the registered workplace agreement and therefore constitute an underpayment of wages.

The QHA can determine whether the applicable adult base rates of pay under the HIGA or other relevant modern award are higher than the apprentice base rates of pay prescribed by your registered workplace agreement.

For the nominal fee of $250.00* including GST for financial QHA members and $350.00 including GST for non-QHA members, the QHA can undertake an analysis and produce a table comparing the apprentice base rates of pay (including for adult apprentices) under the HIGA / RIA compared to your registered workplace agreement.

* This fee is only available to venue based hospitality members. A higher fee will apply to external companies, including Corporate Members and Partners seeking information on behalf of a venue, regardless of that venue's membership status.

Download the QHA's information/instruction guide for assessing how your Agreement is impacted.

Confused and concerned with what this all means? The QHA can assist you to determine how your Agreement has been impacted.

For the nominal hourly fee of $205.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake the comparison and provide you with a detailed report.

We can also provide an estimate of our fees!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher.

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.

For example, the modern Hospitality Industry (General) Award 2010 does not allow for certain flexibilities that would benefit the operation of a workplace. An Enterprise Agreement can create flexibilities that awards do not allow, such as workplace specific pay and classification structures.

The following types of Enterprise Agreements can be made:

Single-enterprise Agreements (one employer or several single-interest employers)
Multi-enterprise Agreements (multiple employers who are not single-interest employers)
Greenfields Agreements (Agreement made prior to business commencing)

Let the QHA Assist You!

For the nominal hourly fee of $205.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake the Enterprise Agreement drafting on your behalf and/or represent your interests during the negotiations and before the Fair Work Commission.

We can also provide an estimate of our fees!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher.

A workplace incident may require formal investigation where the incident potentially breaches a law 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 formal unfair dismissal and discrimination/sexual harassment claims.

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 Team 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 $205.00* plus GST per hour, one of the QHA's Employment Relations experts can undertake the workplace investigation on your behalf.

We can also provide an estimate of our fees!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher.

The Hospitality Industry (General) Award 2010 (the 'HIGA') and the Restaurant Industry Award 2010 (the 'RIA') both allow for employers and individual employees to enter into an individual flexibility arrangement ('IFA') under Clause 7 - Award Flexibility - of both Awards.

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 $205.00* plus GST per hour, the QHA's experienced team can assist you.

  • Fair Work Commission representation and advocacy
  • Anti-Discrimination Commission Queensland representation
  • Fair Work Ombudsman representation
  • Are You Facing an Unfair Dismissal or General Protections Claim?

If so, the Employment Relations team can assist you via our representation of you as the employer. Our consultancy assistance includes the drafting of material and statutory documents for both the telephone Conciliation, and, if the matter is not resolved, the Fair Work Commission hearing.

Has an Employee or Patron Lodged a Discrimination Complaint against You?

If your answer was 'yes' contact the QHA today as our experienced employment relations advocates can assist you.

Has an Employee Lodged a Complaint with the Fair Work Ombudsman?

The QHA can assist you manage the complaint including liaising on your behalf with the Fair Work Ombudsman Inspector.

Let the QHA Assist You!

For the nominal hourly fee of $205.00* plus GST per hour, one of the QHA's Employment Relations experts can represent your interests and acheive the best outcome for you.

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 plus GST per hour and higher!

Are you facing an Unfair Dismissal Claim before the Fair Work Commission?
If so, the Employment Relations Department can assist you (on behalf of the employer) through our unfair dismissal representation service.

Conciliation Conference

The first stage of the process is known as the ‘conciliation conference’ which takes place about 2-3 weeks after a dismissed employee lodges a claim with the Fair Work Commission.

We will provide you with advice about your prospects of defence, draft an employer response and represent you at the conciliation conference. We can also draft a deed of settlement to ensure any settlement reached to resolve the unfair dismissal claim is binding.

Arbitrated Hearing

If the matter proceeds to a Hearing, the Employment Relations Department can also assist you through our unfair dismissal Hearing service.

This involves providing advice about your prospects for defence (if we haven’t already), responding to directions from the Fair Work Commission, drafting witness statements, formal submissions and providing advocacy during the Hearing.

Dismissal Advice Service

If you are contemplating dismissing an employee, the Employment Relations Department can assist you through our Dismissal Advice service.

This involves discussing the matter with you, perusing relevant documents, providing advice about prospects of defending against a potential unfair dismissal claim and if appropriate, assistance with drafting the termination of employment letter.

Of course, if the matter proceeds to an unfair dismissal claim, we can represent you in accordance with our unfair dismissal representation service.

For the nominal fee of $205.00* per hour plus GST, one of the QHA’s Employment Relations experts can represent your interests and achieve the best outcome for you.

We can also provide an estimate of our fees!!!

This is an extremely competitive rate compared to law firms and other consultancy firms that can charge fees of around $350.00 per hour plus GST and higher.

In-house training available – please contact the ER department on 07 3221 6999 or  er@qha.org.au 

QHA's Employment Relations for Managers is a regular education event on QHA's Employment Relations training calendar. Covering a number of key Employment Relations ("ER") concepts that Hotel Managers and other persons with staffing responsibilities handle on a regular basis, this course delivers the information and knowledge for developing and enhancing employment relations skills for hospitality professionals.

The course examines the following important ER topics:

1. Legislation

In this session attendees are provided with a detailed overview of the current ER legislation, entitlements and responsibilities for employers and employees. Topics discussed include:

  • Fair Work Act 2009 and associated legislation (WHS, Long Service Leave etc)
  • The role of the Fair Work Commission, and of the Fair Work Ombudsman
  • Enterprise Bargaining
  • Union Right of Entry
  • Pay Slip and Employee Record requirements

2. Legislated Conditions of Employment

Attendees will be provided with background to, and an overview of, the National Employment Standards contained in the Fair Work Act 2009. The National Employment Standards represents minimum conditions of employment for all employees -  those covered by Awards and Enterprise Agreements as well as employees who are 'common law'. Your presenter will also focus on common interpretation concerns and many of the tricky aspects of entitlements and conditions.

3. Discipline and Termination 

During this session best practice processes to follow for disciplinary and termination matters are discussed, together with the legislative framework for termination/dispute remedies through the Fair Work Commission.

Tips with respect to workplace investigations and performance management is also provided as part of this topic.

4. Discrimination, Harassment and Policies

Attendees will learn about the state and federal discrimination and harassment legislation, workshop practical examples, and be armed with the information and skills necessary for ensuring a discrimination and harassment free workplace.

Policy and procedure development is also discussed with practical tips for making your policies effective.

THE DETAILS

COST (from 1 January 2017)

Delivered as an In-House option
- $990 (inc GST) per in-house session for QHA members including Corporate Members and Partners
- $1,500 (inc GST) per in-house session for non members

Discounts apply where more than one session is required.

QHA organised option
TBA as sessions are scheduled.

TO BOOK YOUR SESSION:

Or to express interest, please send your name, hotel name and location via email to er@qha.org.au.

ATTENDEES RECEIVE:

Each participant receives the course notes, support material and a QHA certificate of attendance upon completion.

Employment Relations Department
Ph: 07 3221 6999
Fax: 07 3221 6649
Email: er@qha.org.au

 

Wage Rates

You need to login to view this content. Please . Not a Member? Join Us
You need to login to view this content. Please . Not a Member? Join Us
You need to login to view this content. Please . Not a Member? Join Us
You need to login to view this content. Please . Not a Member? Join Us
You need to login to view this content. Please . Not a Member? Join Us