Code of practice - fair treatment of employees - aged and community care industry
Aged and community care industry
1. Purpose
2. Disclaimer
3. Minimum conditions and entitlements
4. Commencing employment
5. Classification of job
6. Breaks
7. Pay employees for all time worked at the appropriate rate
8. Rostering hours of work
9. Leave
10. Uniforms
11. Occupational health and safety
12. Investigations
- This Code of Practice contains suggested general workplace practices which employers and businesses are encouraged to adopt to facilitate the fair treatment of employees in the Aged and Community Care industry in Queensland.
- This Code of Practice is not intended to be used in replacement of any industrial instrument (such as an Award, Workplace Agreement) or legislative requirements that may apply to a particular employment relationship. It is in no way a statement of the legal rights and obligations concerning an employment relationship.
- This Code of Practice is not intended to be, nor can it be, relied on as a defence to an action for a breach of an industrial instrument or legislative obligation relating to an employment relationship existing in any jurisdiction.
- This Code of Practice is not intended to be relied on as legal advice. It does not contain specific information about what rights and obligations apply to a specific employment relationship. Information, not including legal advice, of that nature can be obtained from:
a) Wageline: Telephone 1300 369 945,
b) the Federal Workplace Infoline: Telephone 1300 363 264,
c) the employer's relevant industry association,
d) the employee's relevant Union, or
e) a lawyer (including legal advice).
3. Minimum conditions and entitlements
- Pay and conditions of employment are regulated by industrial instruments, such as Awards or (registered) Agreements, along with the relevant Queensland State or Commonwealth legislation.
- Where they apply, the Award, (registered) Agreement or Act provide legally binding minimum requirements, enforceable by a court of competent jurisdiction.
- To check what industrial instrument regulates your employment relationship, please contact Wageline or the Workplace Infoline on the telephone numbers listed above.\
- A fair employer will clearly establish what the employee's employment status is, that is whether they are employed on a:
a) permanent full-time basis; or
b) permanent part-time; or
c) full-time or part-time basis for a fixed term contract (provide starting and finishing dates for that fixed period); or
d) casual basis. - A fair employer will advise prospective and new employees which award or instrument governs the employment contract.
- The above information should be provided in writing at the commencement of employment and again if and when an employee's employment status or award coverage changes during their employment.
- An employee cannot be employed on a 'permanent casual' basis. An employee is either permanently employed or casually employed for an employer, not both simultaneously.
- A fair employer will not engage an employee on an unpaid trial or training period at the commencement of employment.
a) A fair employer will pay for all trial work and training at the relevant (Award or registered agreement) rate of pay.
b) An employer is free to trial employees, but the employees are to be paid. Some State awards provide for introductory rates of pay.
- A fair employer will clearly establish with the employee what their job classification and level is under the relevant Award or (registered) Agreement at commencement of their employment, and again if their classification changes during the course of their employment. A fair employer will also outline the duties expected within the job classification.
- A fair employer will not falsely classify and pay an employee at a low classification under the relevant Award or (registered) Agreement if that employee's duties substantially consist of duties at a higher classification and pay rate.
- A fair employer will not reclassify an employee's job for the purpose of either
a) reducing their pay; or
b) for the purpose of including additional responsibilities for the same pay.
- A fair employer will observe meal break requirements and ensure employees take their meal break (usually minimum 30 minutes and up to 1 hour) and rest pauses (usually 2 x 10 minute breaks or 1 x 20 minute break).
- Where a meal break is unpaid, a fair employer will allow the employee to be absent from the premises for the duration of the break. During paid rest pauses and crib breaks, an employee can reasonably be required to remain on the premises, with provision made for employees to take a break from work.
- A fair employer will make (business) allowances for employees to take breaks from their work during the course of the day's work.
- It would be unfair (and possibly unlawful) for an employer to fail to grant work breaks. This is especially so for those who work on their feet for long periods at a time.
7. Pay employees for all time worked at the appropriate rate
- A fair employer will pay an employee for time spent travelling between jobs where, for example, care is provided to the client in the client's own home.
- A fair employer will provide a vehicle for work use, or comply with any travel allowance provisions under relevant industrial instruments, or meet other arrangements provided for by the industrial instrument.
- A fair employer will not have an express or implied expectation of employees to work unpaid overtime.
- A fair employer will have an overtime process in place in the workplace where overtime is approved, recorded and paid.
- A fair employer will pay an employee overtime rates for any overtime worked.
a) A fair employer will not require an employee, without choice and genuine agreement, to take time off in lieu of paid overtime.
b) Time off in lieu is not always provided for (or permitted) in an Award or (registered) Agreement. Check the relevant Award or (registered) Agreement to see if it is lawful in your workplace to take paid time off in lieu of overtime. - A fair employer will pay their employees who work on a public holiday the relevant public holiday rate of pay prescribed by their Award, (registered) Agreement or the Act.
- A fair employer will pay their employees any applicable penalty rate, allowance, or loading when their employees work weekends, late work, or shift work.
- Where employees are required to attend staff meetings, a fair employer will pay their employees at the appropriate rate of pay, including: any overtime rates that have become payable if an employee has already worked on that day; and payment for the minimum number of hours as required under any relevant industrial instrument for employees who have not otherwise attended work that day.
- A fair employer will pay their "salaried" employees overtime, penalty rates and public holiday rates etc if their employment is regulated by an Award or (registered) Agreement or the Act which provides for such payments for those employees.
a) Merely declaring that an employee is on "salary" does not mean that minimum legal entitlements no longer apply, unless an applicable salary exemption rate provided for in the relevant Award or (registered) Agreement is paid to the employee. - A fair employer will pay wage rises promptly when due.
- A fair employer would not require an employee to perform work at a higher classification without paying them at the higher classification rate.
- A fair employer would not expect an employee to be 'on standby' without being paid; that is, to require an employee to be ready and available to attend work at very short notice in the event the employer is unexpectedly short staffed (for example, as a result of other employees failing to attend work).
- A fair employer meets the requirements for rostering in Awards and (registered) Agreements which may include minimum and maximum daily hours for all classes of employees and a spread of ordinary hours, outside of which penalty or overtime rates apply.
a) Casual employees generally have a minimum number of hours for any engagement in recognition of, and to ensure compensation for, the cost of attending work (such as transportation, child care etc).
b) Part-time employees generally have minimum daily and weekly hours and maximum daily and weekly hours. These are in part to differentiate them from casuals and full-time employees, but also to ensure part-time employees receive a reasonable regular weekly income.
c) Full-time employees do have flexibilities in rostering provided for by many Awards and (registered) Agreements, but generally have minimum daily hours and maximum daily and weekly hours. - A fair employer would provide reasonable notice to employees about changes to rosters. Most awards and industrial instruments provide for minimum periods of notice to be given to full-time and part-time employees about roster changes and some for casuals. A fair employer would not expect an employee to accept a roster change without reasonable notice. A fair employer would accept an employee's inability to meet a request to cover a roster change and this would have no impact on future rostering of the employee.
a) For casual employees, every shift is a separate contract of employment, in that there is an 'offer and acceptance' to work. Accordingly, a fair employer would not disadvantage a casual employee who may exercise his/her right to decline the offer to work on occasion. - A fair employer will ensure working hours for their employees are fairly distributed in accordance with the contracts of employment of each of their employees and without discrimination on any grounds.
- A fair employer will ensure rostering takes account of their employees' family responsibilities for part-time and full-time employees and does not discriminate against casual employees with family and caring responsibilities.
- A fair employer will facilitate communication with their employees about days and times when they may be unavailable and respect the unavailability of individuals and, having regard to the genuine operational requirements of the business, not include them on rosters or call them for work at times they have said they can't work.
a) A fair employer would work to find acceptable alternatives where the requirements of the business conflict with the genuine unavailability of employees. - A fair employer will ensure rostering takes account of employees receiving an adequate break between shifts. Some Awards and (registered) Agreements provide for minimum time between shifts, with overtime payable where this minimum is not observed.
- A fair employer will ensure rosters are not changed with the intent of avoiding payment of penalties, loadings or overtime.
- A fair employer will reduce casual hours first before changing any permanent hours, provided the reduction of casual hours is fairly distributed taking into account the operational requirements of the business.
- A fair employer would arrange rosters such that all employees are provided with regular rosters enabling them to reasonably predict their future working arrangements, subject to operational requirements.
- A fair employer will make a genuine effort to come to mutual agreement with an employee regarding the taking of annual leave.
- A fair employer will not unreasonably withhold approval of unpaid leave of absence for employees in genuine need of such time away from work.
- A fair employer who requires an employee to wear a uniform, will supply, maintain and launder the uniform at the employer's expense; or
a) If the employer requires that the employee maintains and launders their own uniform, a fair employer will pay the employee an adequate allowance for doing so, at least consistent with the provisions of any relevant Award or (registered) Agreement. - A uniform supplied by an employer remains the property of the employer.
11. Occupational health and safety
- A fair employer would ensure that the workplace complies with all provisions of the Workplace Health and Safety Act 1995 (PDF, 962 KB) and the Workers' Compensation and Rehabilitation Act 2003 (PDF, 1.7 MB).
- A fair employer would not prevent an injured employee from seeing a doctor of the employee's choice.
- A fair employer will have an established system and process for dealing with and investigating complaints made against an employee by clients, residents or other employees. This can be distressing for all persons concerned and the complainant has a right for their complaint to be dealt with seriously and promptly, while the employee who is the subject of the complaint has a right to a presumption of innocence and to be treated fairly in any investigation.
a) A fair employer will undertake a reasonable and objective investigation (if they did not directly witness the incident) by seeking information or evidence that could either prove or disprove the suspicion or allegation.
b) Where one employee has made an allegation against another employee, both employees have a right to procedural fairness.
c) A fair employer will advise the employee clearly of the allegations made and afford the employee a reasonable opportunity to respond and have representation or support during the course of the investigation.
d) A fair employer will take no further action until reasonable consideration has been given to the employee's response and will take into consideration any mitigating circumstances including, for example, the length of the employee's previous good service.
e) The employer and employee must always follow any Award or (registered) Agreement requirements for dispute resolution or grievances. - For information and suggestions on how an employer can facilitate fair workplace practices when dealing with matters that could lead to terminating an employee's employment see the Queensland Workplace Rights Ombudsman, Code of Practice – Fair Treatment of Employees - Termination of Employment.
Last updated 3 March 2008
