Code of practice - fair treatment of employees
Fair treatment of employees
1. Purpose
2. Disclaimer
3. Minimum conditions and entitlements
4. Negotiating employment conditions
5. Commencing employment
6. Classification of job
7. Workplace communication and consultation
8. Breaks
9. Pay employees for all time worked
10. Rostering of hours of work
11. Leave
12. What money can be deducted from wages
13. Employees working as managers or supervisors
14. Occupational health and safety
15. Termination of employment
- 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 Queensland, particularly those employed in low paying jobs.
- This Code of Practice is not intended to be used in replacement of any industrial instrument (such as an Award or 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 or,
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 or Agreement or Act provide legally binding minimum requirements, enforceable by a court of competent jurisdiction.
- Penalties can be imposed and back pay (along with interest) can be ordered if these minimum requirements are not complied with.
- An employer and an employee cannot avoid obligations under an industrial Award, Agreement or the Act by agreeing to something less favourable.
- For an agreement between and employer and an employee (or a group of employees) to legally replace (in whole or in part) any applicable Award, the agreement must be approved and registered with the relevant State industrial tribunal or Commonwealth agency.
- To check what industrial instrument regulates your employment relationship, please contact Wageline or the Workplace Infoline on the telephone numbers listed above.
4. Negotiating employment conditions
- Low paid workers are typically more vulnerable to unfair treatment by employers and generally have a reduced ability, or no ability, to bargain. An employer can promote themselves as being a fair and reasonable employer by ensuring that, when negotiating employment conditions with their employees, employees have a reasonable opportunity to consider and respond honestly to what is being offered without fear of repercussions, such as losing their job or having unfair pay and conditions imposed on them as a condition of a job offer.
- A fair employer will allow an employee to have representation or assistance in the negotiations.
- When negotiating workplace Agreements, it is good and fair practice for an employer to provide the employee/s with all the information they need to make an informed decision to accept, reject or renegotiate the proposed Agreement.
a) A fair employer will provide employees with information such as what their entitlements are currently and what they could be expected to be under any applicable Award and/or Act for the period of the proposed Agreement, so that they are in a position to make a genuine comparison. - It is fair negotiating practice for an employer to encourage employees to seek independent advice on any proposed agreement.
- A fair employer will not adopt a one-sided approach to negotiating or varying the terms of an employment contract and will not take advantage of an employee's ignorance of their rights.
- A fair employer will not perpetuate poor industry practices when employing staff, even if those practices are considered the 'norm' within an industry.
a) For example, an industry might have a "going rate" of pay for a particular job. It would be unfair (and potentially unlawful) for an employer to simply pay what the industry pays regardless of whether that amount meets the minimum legal obligation.
b) An industry "going rate", no matter how entrenched, will not override the minimum legal rate of pay.
- 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 (provided 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 their employment and again if and when their employment status or award coverage changes during the course of 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.
7. Workplace communication and consultation
- A fair employer will facilitate the free flow of information to employees concerning their working conditions and entitlements by:
a) Providing a duty statement which clearly outlines the employee's role and responsibilities, pay and conditions, in a form consistent with the provisions of the applicable Act.
b) Provide pay statements to employees each time their wages are paid, which provide all details of how their pay is made up.
c) Provide employees with information regarding their rights and obligations by displaying a copy of their Award or (registered) Agreement in a conspicuous place where it is easy for the employees to access.
- 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 to employees. This is especially so for those employees who work on their feet, and/or in physically and mentally demanding jobs.
9. Pay employees for all time worked
- Fair practices in a workplace that would not breach an industrial instrument and attract legal consequences are, for example:
a) A fair employer will not have an express or implied expectation of employees to work unpaid overtime.
b) 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 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 an entitlement to a minimum number of paid 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 (registered) Agreements 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 will 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.
12. What money can be deducted from wages
- Only deductions authorised by law or by the written consent of the employee can be deducted from an employee's wages. For example:
a) Taxation can be deducted because the law authorises such a deduction.
b) If an employee expressly authorises, in writing, an identified amount to be deducted from their wages, then that deduction may be made. - A fair employer will not require an employee to sign blanket authorities to deduct money from their wages for anticipated future events.
- A fair employer will not require an employee to pay from their wages any shortfalls in the cash register or for reimbursement of customer theft or for damage or breakages to stock or equipment occurring during the course of employment.
a) If an employee is required by the employer to authorise such a deduction, that authority may be considered by the court not to be a bona fide authority from the employee and the employer could be ordered to repay the money and may also be ordered to pay a fine. - A typical example of an unauthorised deduction is when an employer takes money from an employee's pay for 'social club' contributions, without the employee's express written consent.
13. Employees working as managers and supervisors
- A fair employer will not require an employee to have staff management responsibilities without providing that employee with support in that role. Particularly, for example, if that employee has no or limited experience or skill in that area.
a) A fair employer will not require an employee to have staff supervisory responsibilities without paying them for such. - A fair employer will clearly appoint an employee to a supervisory role, including advising other employees of the appointment. This should help avoid confusion among subordinate employees, in that they know whom they are to report to and take direction from.
- A fair employer, manager or supervisor will act in a professional manner in handling employee complaints or grievances, including observing fair procedures, for example: by treating employees fairly and affording them natural justice when complaints about them are being followed up.
- A fair employer, manager or supervisor will support this fair treatment Code of Practice by, for example:
a) circulating it amongst employees; and
b) openly supporting and encouraging fair treatment behaviour and practices in their workplace. - A fair employer will monitor the workloads of employees in management and supervisory roles to ensure that their work can be completed within reasonable working hours.
14. 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 ensure any dismissal is not harsh, unfair, unreasonable or unlawful. 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 – Termination of Employment.
Last updated 3 March 2008
