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Education Log of Claims

Without Prejudice

Preamble

This document forms the log of claims for Together members in respect of an agreement for Department of Education employees. This document is without prejudice and for further negotiation and discussion. Together members reserve the right to make further claims.

There are several outstanding issues from Appendix 7 of the 2015 Agreement for education staff and matters to be carried over. Together reserves the right to add any outstanding matters from the previous agreement to this log of claims should the current agreement expire before they are implemented.

Together also notes the significant discussion and ongoing reviews in relation to:

  • Temporary employment and employment security, particularly in relation to the
    implementation of Directive 08/17
  • The Attraction and Retention Review – Joint Working Party
  • The review of roles for Science Operations Officers
  • The impact of RoSAS and follow up required in implementing all the recommendations
  • The review of Agricultural Assistants roles
  • Implementation of the ICT Grant currently run through GAPS payments

1. Wages

  1. That employees receive annual wage increases in accordance with the following principles:
    1. A minimum of $50 per week, or 3.5% whichever is greater, for each year of the agreement.
    2. This increase would support lessening the gender pay gap that exists in the department.
    3. Wage increases are to be fully and centrally funded.

2. Superannuation

Preamble: That the employer acknowledge that Together members have won higher superannuation contributions as part of previous wage negotiations. 

That superannuation payments should be based on OTE (Ordinary Time Earnings) including shift penalties. That the QSUPER trust deed, or such other instrument that would need to be altered,  such as to give effect to the following:

  1. That any Federal Government increase to the Superannuation Guarantee be reflected in superannuation improvements in the public sector. 
  2. That superannuation contributions by both the employee and the employer be adjusted immediately, when an employee’s pay changes rather than on 1 July each year. 
  3. That the calculation of the final payout for members of the QSuper Defined Benefits be based on the member’s salary at the time of retirement or at the time of commencement of pre-retirement or transition to retirement arrangements, so as not to disadvantage workers who continue to contribute but participate in pre-retirement transition to part-time or other arrangements.

Superannuation for women

Preamble: Universal superannuation is a vital part of a system designed to give Australians a decent standard of living in retirement. However, for millions of women, superannuation is failing. In a significant research collaboration, Per Capita and the ASU surveyed over 4,000 workers, complemented by a detailed analysis of the Household, Income and Labour Dynamics in Australia (HILDA) Survey. 

This research found that the superannuation system is systematically biased against half the population. Women are simply not being assisted towards a reasonable standard of living in retirement. Women’s superannuation balances at retirement are 47% lower than men’s. As a result, women are far more likely to experience poverty in retirement in their old age. Superannuation is failing women. The following claims are based on the recommendations from this research. 

  • Payment of superannuation for all periods of unpaid parental leave 
  • Payment by the employment of an additional superannuation contribution where a workers superannuation is not on track to meet the Association of Superannuation Funds of Australia (ASFA) retirement standard by the age of 65. 
  • Payment of superannuation for periods of carers leave.

3. Improving Gender Equity through flexibility for all worke

Preamble: One of the key recommendations for reducing the gender pay gap is to extend flexibility to all workers, so that men are more likely to take time out from work to care for children and other relatives and contribute more to other unpaid domestic work. Included in this must be a program of cultural change, increasing the acceptance of, and value of, part-time work for all workers. 

  • Extending workers’ rights to flexible work arrangements to all workers in order to meet caring responsibilities, not just women;
  • Extending workers’ carers leave entitlements, in particular those caring for school age children, children with a disability or elderly family members to all workers, not just women;
  • Building on the government funded Paid Parental Leave (PPL) scheme, by improving employer provided paid parental leave entitlements; and extending them to all primary carers. 

4. Permanent Employment

Preamble: That the department acknowledges the government commitment to employment security for all workers. Despite this commitment there is an incredibly high rate of insecure employment, particularly for low paid workers and women workers in the Department of Education. High levels of temporary and “higher duties” employment, tends to result in a culture conducive to bullying and harassment and is not productive. While some steps have been made the Temporary Employment Directive 8/17 has not addressed the significant issues surrounding job security for DOE staff and reviews are not occurring in a timely fashion in accordance with the prescribed legislative timeframes. The union also recognises that the Department is seeking to cite the “MOHRI” cap or staffing cap to suggest that staff are ‘above establishment’ however this is not a reason to deny long term workers with ongoing roles permanent employment.

  1. That temporary and higher duties staff must not be denied conversion to permanency due to the failure of the department to follow the Recruitment and Selection Directive. That staff who have worked in ‘higher duties’ roles consistently for more than two years be appointed to those roles permanently if the role becomes substantively vacant or is ‘ongoing’.
  2. That after a period of two years of meritorious service an employee will be deemed appointed on merit for the purpose of conversion to permanent status for all their current hours, or the hours they were undertaking immediately prior to any leave that they are taking at the time of review. This should apply to all staff regardless of funding arrangements, particularly in reference to AAEP/AO2 staff.  There needs to be an acknowledgement of the employer as the Department and not each school site.
  3. Employees must also have access to conversion to permanent status after continuous temporary employment, even if in different roles within a Department or Agency. 
  4. There must be mandatory education of managers in relation to appropriate recruitment processes and the rights of workers to permanent employment.
  5. Workers who are on temporary contracts must be advised if their contract is to be ceased or extended with reasonable time. A minimum of one months notice of cessation of contracts.

5. Employment Security

  1. There will be no redundancies or retrenchments during the life of this agreement including for long term temporary staff.  
  2. There will be no contracting out or privatisation of jobs or services during the life of the Agreement.
  3. That the Department undertake “insourcing” wherever possible and abandon contracted out services for public servants employed to do the work undertaken.
  4. That the Department commit to no use of labour hire staff until a recruitment process has been run for a public service officer to perform the role. If the recruitment process is unsuccessful then labour hire contractors may be engaged, never for less take home pay than the public sector worker that they are replacing.  That this will be monitored and enforced by reports to the Consultative Committee. 
  5. That the Government commit that the use of external consultants will  be minimised – for example, only in instances where appropriate workers cannot be recruited to the public service, and in that case role descriptions and levels should also be reviewed, in case it is classification levels that is prohibiting recruitment. That this will be monitored and enforced by Consultative Committee 
  6. That redeployment across the sector should be the first option considered and exhausted by any Department prior to any consideration  of redundancies, or other separations.  
  7. That any attempt to reduce the size of the workforce through natural attrition or redundancies  or other measures must be accompanied by workload impact studies to be completed and reported to the Consultative Committee prior to any decision to offer redundancies, not to fill vacancies, not to backfill staff on leave or secondment or to abolish vacant positions. 
  8. A transfer list will be proactively managed department-wide to support staff who are transferring on compassionate or other grounds. If an existing, suitably qualified staff member can be transferred at level to a vacancy then a further merit process should not be undertaken and the transfer facilitated. 

6. Union Rights and Workplace Consultation

  1. That Consultative Committees should continue as the minimum and standard form of consultation and the relevant decision maker/s be required to attend each and every committee meeting. (The decision maker refers to the Director General of the Agency and/or any person who has the appropriate delegated authority in that they have the capacity to make a binding decision with regards to the issues being raised and discussed).
  2. That the Government commit that no workers conditions will be changed without agreement from those workers.
  3. That the Government agree to a requirement that workers be consulted prior to any decision being made that may affect their employment, welfare, workload or job satisfaction.
  4. That prior to making any decision mentioned above the department is required to demonstrate clear benefits in a business case tabled for the purposes of consultation at the relevant Consultative Committee.
  5. That the department commit that all workers will continue to have access to union delegates and union staff in the workplace during work hours. This is in accordance with the Industrial Relations Act 2016 noting that union staff need to access staff in the workplace and that delegates will be provided with reasonable time and resources to undertake their roles as delegates.
  6. That the department acknowledge a standard of information to be provided for the purposes of consultation when making change.
  7. The standards referred to in 6.6  must require that the information provided as part of a consultation be provided in a timely way and that it must include as a minimum:
    1. Who will be affected by the change (NAMES OF IMPACTED STAFF)
    2. How they will be affected
    3. Justification of the change 
    4. Costs and cost benefit   
    5. Time frames   
    6. Consultation process   
    7. Positions and levels of change   
    8. Review and evaluation process   
    9. How this will work within consultative committees. 
  8. That where any worker is to have their physical work location moved more than a reasonable distance from their existing work location those workers are entitled to consultation about compensation for the change in circumstances. Reasonable distance is defined as 50 minutes drive or 50km from the employees home address.
  9. The consultation in 6.8 above must include but is not limited to discussion and consideration of:
    1. Compensation for the additional cost of public transport (such as busses, trains, etc.),  
    2. Private transport (such as car parking etc)   
    3. Provision of direct assistance such as providing shuttle busses, car parking etc   
    4. Additional assistance such as facilitating, providing or compensating for local childcare, additional time to travel, accommodation etc. 
  10. That the Government commit to genuine consultation whereby employees have the bona fide opportunity to influence the decision maker. 

7. Career Paths, Classifications - General

  1. That the department review the classification levels and the work undertaken across the agency to ensure equality of pay and work/responsibility with a whole of government standard. That this review of classification and position titles across the department is designed to ensure there is equity and no relative disadvantage either across the Department of Education and across the sector. 
  2. No employee is to be disadvantaged as a result of 7.1. 
  3. That the department commit that access to higher duties in all centres and that higher duties opportunities are to be advertised and recruited to across regions. 
  4. That the department commit to increase access to progression between all levels, in all streams, to create real career paths. That the department review role classification levels and value across all occupational groups in the department. For example, the relative classification of the teaching workforce in relation to regional and central office staff.
  5. hat ‘broad-banding’ arrangements be extended to all roles where there is a substantive occupant and the role is reclassified up one level.

8. Career Paths, Classifications and revision of the Allocat

  1. Therapists working in the Department of Education to be translated to the Health Practitioner Stream. The Health Practitioner Stream will be imported as part of the Classification and Remuneration Structure of the Agreement to facilitate this change.
  2. Science Operations Officers to be reclassified as Technical Officers – TO2, TO3 or TO4 depending on role requirements – noting that this should be funded in the model as school-based salaries and not requiring extra ‘top up’ funding from school bank accounts.
  3. Separate the funding of AAEP and Science Operations Officers to appropriately recognise the STEM curriculum resource and role are separate to the administrative requirements in state school.
  4. Agricultural Assistants be reclassified in line with their level of expertise, the need for them to conduct technical work, provide expert advice to teachers and to instruct students. Based on the Together Submission to the Agricultural Assistant Review we submit this is to a minimum OO4 or OO5 level.
  5. All AO2 officers in state schools to be reclassified to a minimum of AO3 and that this be centrally funded and allocated in the staffing model.
  6. Further position descriptions be developed for finance, HR, Facilities and other key roles at AO4 and AO5 levels, consistent with duties.
  7. All International Student and Home-Stay Coordinators to be reclassified to AO3 and back paid to December 2016 at this rate.
  8. Review and reclassify Unit Support Officer roles in Environmental Education Centres.
  9. IT staff to be allocated as per the GAPS funding announcement in to the staffing model.
  10. No loss of AAEP hours when a new position (BM or SOO) is allocated in the staffing model.
  11. The recommendations from RoSAS should be fully implemented, creating a team structure for administrative staff in state schools. A gap from AO2 to AO8 is nonsensical and there needs to be roles in between. When schools create these roles they should be supported to move their staff in to these roles with school endorsement and appointment processes for these administrative staff. A process akin to the proposed School Endorsement Form must be implemented.
  12. Small school business manager positions to be recognised as the Business Manager roles that they are and reclassified to AO4.
  13. Schools of Distance Education (SDE) Review of Model and Facilities.

    Preamble: Schools of Distance Education (SDE’s) are becoming the solution for students who can’t/won’t attend regular face-to-face schools. The Department is not considering the workloads / facilities & staffing required to address this new paradigm.

    Full time enrolments are increasing due to limited choice with medical enrolments / anxiety increasing in students who are unable to attend school due to bullying etc. In addition, as teacher shortages increase, SDEs are assisting other schools by enrolling their students as 0.2 FTE (fraction of a student) to enable them to access courses. SDEs do this at a limited cost and due to the 0.2FTE receive a small portion of school grant and teacher allocation. The administrative workload for 0.2 FTE is the same as 1.0 FTE. This is not recognised in the current model.

    Because of the nature of students finding their way to SDE, their turnover is much more frequent than regular school. SDEs can have students leave each term or sooner and come back again in the same year. Each movement requires administrative work to enrol, cancel, refund and re-enrol. This is based on a headcount and the process is the same for each student regardless of their FTE.

    Due to the number of school based enrolments, SDEs process a much larger number of enrolments each year. These enrolments stay for the duration of their course which could be 1 term, 1 semester, 1 year or multiple years eg; VET certificate.

    For example, in July 2017 for the Cairns School of Distance Education the census showed:

    • student FTE was 1091.1.
    • student headcount was 2464

    The administration work is based on headcount. The grant and allocative model however is based on FTE.

    Unlike “regular” schools who exit the students at the end of their pathway after an enrolment of multiple years SDEs exit students as their course finishes at various points during the year.

    Again for the Cairns SDE for example the student ‘exits’ were:
    2016 = 1643
    2017 = 1860
    2018 year to date in May = 311 students as left, with another 1357 who will need to exit by end of year so far. This does not include new enrolments coming in Semester 2.

    In 2018 the Cairns SDE became a Band 10 school. The Principal role was upgraded and 2 additional HODs added, additional teachers were allocated however there have been difficulty filling these roles. Office staffing has increased however there is still insufficient time to complete all necessary tasks. Additional staff are needed however there are not the required desks or space to house these staff.

    Cairns SDE has actually run out of room to house staff. There are employees working in the foyer and reworked spaces. Meeting spaces required for group meetings, meetings with families and exams are having to be repurposed for work space.

    There is an urgent need to review both the staffing model and facilities allocation for SDEs, particularly for the Cairns SDE.

  14. Implementation of the Therapy Attraction and Retention Working Group Recommendations

    In addition to the change in classification structure and implementation of the Health Practitioner stream. Implement all of the recommendations of the TARWG.

    • Access to resources (ICT and appropriate base location resources).
    • Improve the amount of the grant and access to grants for all staff, regardless of fraction.
    • Professional development.
    • Implement the resources for Evidence Based Practice.
    • Conduct a review and update to the supervisory position levels and number of supervisory positions to support therapists working in schools.
    • Conduct a review of anomalies in classification structure - revision of process for capped 20 x PO4 statewide progressional position (unreviewed since 2006, inconsistent allocation across different regions and number of positions not reflective of statewide therapy FTE growth).
  15. That there be a significant additional allocation of staff and review of classification levels for staff working in Education Regional Offices. See attached position papers from each region. This should include a principle that AO2 staff in regional offices should also be reclassified to AO3 as the duties are at this higher level.
  16. When performing higher duties or 'relieve above level' workers should have their previous service recognised for the purposes of increments in the higher duties role even if there has been more than a 12 month break between relieving opportunities.
  17. Recognition of Community Education Counsellor Roles and Allocation

    CEC's feel their positions are being diminished in schools and are being taken over by other people such as the Youth Support Coordinators who want to do the role of CEC’s without understanding of people and cultures.

    All roles need to be clarified so everyone understands where they fit into the school structure without trying to cross over into other people’s roles and responsibilities. Schools need to understand the role of CEC’s and what their specific roles and responsibilities are and not use them as Truant Officers, Playground Duty Officers etc.

    The CEC positions across the state haven’t increased in 15 years or more, instead they keep taking hours away from CEC’s and expect the same outcomes. The numbers of Indigenous students keep increasing, and so should the roles of CECs supporting students.

    CEC's should automatically come as FTE allocated to schools, these roles should not be an afterthought.

    Primary Schools with a large number of Indigenous students over 200 should have state funded CEC’s and not rely on a school if they can afford to employ a CEC. Teacher-Aides in primary schools shouldn’t be performing the role of a CEC, Teacher-Aides positions are different to CEC roles.

  18. Regional Community Education Counsellor positions

    There is a need for CECs to have appropriate and culturally safe supervision. CECs need this strategic influence and guidance. The Role of the Regional CEC is vital to the sustainability and support of CECs work in the region as the population of Aboriginal and Torres Strait Islander students in our schools has increased, bringing with it complex issues that only a Regional CEC can guide members through with a holistic approach to intervention and advancement of our children. Cultural capability in schools and the cultural safety of our Aboriginal and Torres Strait Islander families is the core work of a Regional CEC and no other role can provide the same level of support with cultural care.

    There must be at least one, if not more, Regional CECs in every region.

  19. Community Education Counsellor progression scheme

    Community Education Counsellors current progression arrangements require advanced qualifications that do not align with like pay levels in the administrative and operational streams. The work of CECs is constantly evolving and CECs have taken up their own PD to support their daily work. There is no capacity for capability to prove we can move forward in the roles without the formal qualifications however the cultural practice and responsibility evolves enormously. Some CECs have been in the job for 8 years have evolved in the focus areas of the region, have had strong influence in schools on Care Teams and Education agendas, however, are stagnant on pay scales that are entry-level due to a lack of formal recognition of their work. CECs work above and beyond their scope in consultation with professional supports. The progression scheme for CECs should be reviewed to focus on criteria relevant to the role not just qualifications.

  20. REGIONAL ALLOCATIVE MODEL

    Together request a regional allocative model be developed. The methodology of the model to consider growth within the department, project consideration, impacting factors such as quantity of employees & FTE, location, IRSED, banding, allocation of hours, remoteness (small schools require a lot of support, larger ones take longer to assist also due to volume and multiple flexible arrangements etc.), schools with new Principal/BM requiring additional support, growth in Occupational and Health concerns, FTE and classification additional to school allocative model of classified positions through growth, workplace reform and location purchase.

    With the growing workload in Occupational Health evaluation is requested of upgrading CMO’s to SIMC’s, to reduce case-loads and remove duplication. Occupational Health processing to go to payroll so that SIMCs can focus on client consultancy services and a smaller cohort of schools. Payroll to be recognised for the additional workload in required resources funded from without existing human resources.

    Clear identification of roles and duties of reporting and processing roles for Teaching and Non – Teaching sectors. Roles to have clear processing and non-processing distinctions, with separation of supervisor duties to workload processing. Each region through a Local Consultative committee (LCC) determine the roles of supervisors to include or exclude Teaching and Non-Teaching shared supervision. Each LCC to consider the staffing impacts, FTE and wellbeing of employees required when considering the local model functional to the geographic and demographics and workloads.

    There are many complexities in the management of non-teaching staff in schools and the workload is enormous and challenging – such as multiple Awards, multiple certified agreements, leave and ADO differentiations, blue card, JEMS, WPR, industrial determinations, deployment, transfer and recruitment advice, decisions and negotiations with Principals and higher level BMs. This structure would support Regions to provide real support to schools for day to day workforce management and for implementation of new and changed systems that continue to rollout as well as SBMAQ, Learning circles, PD Days, provision of training to BMs, Domestic Violence placements, teacher recruitment, attraction and transfer processes etc.

    In recognition that the most basic entry level in DoE has pass their desk highly confidential and sensitive information, if only to redirect a client, and in light of the recognition that the Health Department has its entry level a AO3 status, assumed for similar reasons, suggest that DoE Regional offices should have no lessor entry levels. Current work evaluation and comparison with Teaching and schools suggest an award restructure for central/ regional offices is now due.

    Current workforce needs to be addressed whilst the department develops an appropriate model to service the needs of regions.

9. Leave - Replacement of Staff

  1. School based staff shall be replaced immediately, across all classification levels and occupations to ensure the ongoing operations of the school, regardless of the type of leave.
  2. The department shall backfill non school-based staff when officers are on for a period of greater than 3 days leave, regardless of the type of leave.
  3. That relief pools or permanent relief arrangements will be introduced in order to facilitate backfilling – across both schools and regional and central office. This should occur in consultation with the local union delegates.

10. Reasonable Workloads

  1. There should be a minimum of 30 hours per week for each Small School Business Manager, with schools of over 100 students there should be a full time Business Manager position.
  2. An additional schools officer position shall be allocated to each primary school, consistent with secondary school allocations. Additional schools officers should also be employed where there are extensive grounds and facilities to be maintained this should include a review of workload around maintenance of school pools.
  3. There shall be additional staff employed in regional offices to address the significant workload issues currently being experienced. Please refer to further modelling provided by individual regions.
  4. That all base grade vacancies are to be filled within two weeks of the vacancy arising (i.e. 4 weeks from notice of resignation).
  5. That all other vacancies to be filled within 4 weeks of the vacancy arising (i.e. 6 weeks from notice of resignation).
  6. The department will limit the use of external organizations and consultants and work towards having a supportive and positive internal approach to workload management.
  7. Reassess the workloads in Workplace Health and Safety offices, and increase staffing numbers to appropriate levels in each region.

11. Professional development and training

  1. Science Operations Officer training shall be developed and implemented as per Appendix 7 of the current agreement this should be at the Diploma level as further explained below at 11.3.
  2. Mandatory safety training and induction for all school-based staff will be introduced from 2019. There should be a re-introduction of the School Cleaning Adviser positions as part of the commitment to safe work for the cleaning workforce and support for Business Managers.
  3. Provide professional development and access to recognition of prior learning for IT staff and science operations officers who wish to attain a Diploma and progress to the technical officer positions for IT and science staff in schools. Supporting a trained technical workforce for the future of state schooling.
  4. Improve access to professional development for all staff across the Department. Mandatory training for staff in line with their roles should not be considered ‘professional development’ for the purposes of this clause. There should be a quarantined budget for professional development of staff. This budget must be spent across all pay levels and roles within the Department. There must be provision for travel for staff who require travel and leave to attend PD. This with leave to attend and funding to ensure relevant PD is provided for all staff. For administrative staff a scheme like the Administrative Officers Education Fund in Health may be used as a model.

12. Work-life balance

Preamble: The Queensland Government has some excellent policies about balancing work and life. However these arrangements are often not accessible due to local management attitudes or lack of awareness of these policies.

Formal recognition of:

  • Transition to retirement
  • Career breaks
  • Flexible working arrangements / work from home
  • Smart work centres
  • Ongoing commitment by management to assisting workers to balance work and life, this includes access to recreation leave or other leave outside of school holiday periods when required.
  • Managers to not unreasonably refuse requests by workers to access work/life initiatives
  • Right of appeal if requests are refused.

13. Workplace Health and Safety

  1. Workers in schools are experiencing escalating levels of abuse and violence from students, parents and carers across the front counter, in classrooms and at events. There needs to be zero tolerance for workplace abuse and violence and active support for workers.
  2. Personal Protective Equipment for schools officers is not currently being provided in accordance with the current agreement and policies, there must be an enforcement of the provision of PPE for all schools officers and other workers in high risk roles.
  3. Chemical Safety – there must be mandatory training and refresher courses provided to laboratory staff and schools officers with respect to chemical safety.

14. Hours of Work and Leave

  1. There shall be no loss of accrued hours for any worker. Should a worker not be able to take any of their accrued time for 12 months, the time, at the employees’ choice, may be paid out or carried forward to the following year as TOIL.
  2. Managers cannot unreasonably refuse applications to take accrued time. Supervisors are responsible for ensuring that employees’ workloads are properly managed and that they have the ability to take accrued time off. This should be proactively negotiated with the employee.
  3. The carry-over period is to be increased to10 working days per calendar month.
  4. Consideration given to extend the spread of hours to commence at 5am for schools officers upon their request.
  5. Science Operations Officers or any School Support Staff attending school camp need to be paid overtime or receive TOIL for all hours of duty.
  6. Disputes in hours of work arrangements can be taken to the consultative committee for resolution thus giving employees an appeal right to that body if local resolution cannot be achieved.
  7. A new time sheet should be introduced for public servants to allow the accurate recording of time. This may also facilitate the direct application of timesheets and leave in to an employee self-service leave system.
  8. Where workers are accruing time in excess of their ADO carryover period this time should be converted to TOIL.
  9. All employees should be able to access 5 consecutive days of ADO if the time is accrued.
  10. Schools Officers may be permitted to work, where operationally required, during the Christmas break if they seek to ensure the grounds are maintained during the summer vacation period. This arrangement should be determined and agreed before the end of Term 4 each year at a local school level to ensure the schools officer takes the required time off and the maintenance needs of the school are met.
  11. Maintain the existing ADO agreement provisions for school based staff with a reminder to school managers to put in place ADO agreements each year and review them by the end of Term 3.

15. Allowances

  1. Any worker who is required to have a first-aid certificate should be paid the First Aid allowance as a result of this requirement.
  2. That the current Directive relating to Motor Vehicle Allowances and the application of the Directive be reviewed to ensure that all employees who use their personal vehicle for work purposes are appropriately compensated and paid a kilometric allowance.
  3. Kilometric allowance should be increased as the relative cost of fuel is much higher now
  4. That there be a review of the on-call allowance with a view to it being increased to better reflect the inconvenience caused by being on-call.
  5. Further, that a condition of on-call work be that workers are paid a minimum call-out of 2 hours paid per phone call. This should specifically include matters that are resolved on the phone without the need to return to an office.
  6. That all time worked on issues from home should be counted as additional paid work done by the employee.
  7. That all current allowances are to be increased annually by the percentage wage increase awarded or the CPI, whichever is greater.
  8. Qualifications Allowance shall be paid on attainment of the qualification, not paid only when 12 months at the top of the final increment is completed.
  9. Higher Duties Allowance (or ‘relieve above level’) should be paid to workers who are relieving in higher level roles on any form of leave that they take (sick leave, special leave etc) while they are performing the higher duties functions.
  10. Increase the qualification allowances to compensate for a lack of growth in the qualification allowance since inception (2001), and to ensure that the allowance for having qualifications is generally higher than the allowances proposed in Section 16 of the log of claims. New allowances calculated using ABS calculator to be:
    • OO2 level with AQF level 3 qualification - $29.85 per fortnight instead of $20, a difference of $9.85/fn or $256/yr
    • OO3 and AO2 with AQF level 4 qualification - $61.92 per fortnight instead of $41.50, a difference of $20.42/fn or $530.92/yr
    • OO4, OO5 and AO3 with AQF level 5 qualification - $63.86 per fortnight instead of $42.80, a difference of $21.06/fn or $547.56/yr
    • OO6 and AO4 with AQF level 6 Qualification - $66.55 per fortnight instead of $44.60, a difference of $21.95/fn or $570.70/yr

16. Additional allowances

Preamble: That there be additional allowances created and paid to those workers who take on additional and important duties in the workplace – that these allowances be for those roles named below and paid at the rate suggested (equivalent to the First Aid Allowance):

  1. Fire Wardens and Fire Safety Advisors Allowance -$60 per fortnight.
  2. Rehabilitation and Return to Work Coordinator - $60 per fortnight.
  3. For those staff elected or appointed as Workplace Health and Safety Representatives or Advisers (note –some Departments still use the term “Officer” also) -$60 per fortnight.

Representatives or Advisers (note – some Departments still use the term "Officer" also) - $60 per fortnight.

17. Fair Treatment at Work

Preamble: Workers are often at their most vulnerable when under investigation in the workplace or subject to a formal process with risks for their ongoing employment. Members have raised concerns about the lack of transparency and fair processes currently being used to conduct workplace investigations, manage complaints, discipline employees, performance management and managing medical assessments and medical retirement matters. Current practices do not allow people enough access to support in these processes and rely on management “doing the right thing” rather than proper protection for workers’ rights. Members have said they want these processes to be more transparent and fair for employees and agreed and published guidelines about how these processes work.

  • Review of all discipline, workplace investigations and complaint management processes, timelines and penalties, this may be conducted in line with the review of ethical standards matters at a whole of government level.
  • A review of these areas in line with a review of the Public Service Act
  • A review and clarification of how performance management works

18. Bullying and harrassment

Identifying ways that workers either by themselves, or as a group, can effectively blow the whistle on bullying and harassment.

Additional Specific Claims for the Office of Industrial Relations:

19. On Call and Recall Allowance

  • Due to the nature of the Inspector roles with OIR and frequency in which Inspectors are called out to jobs outside of their normal hours of work, members are seeking all employees at all levels, to be the remunerated for worked performed when recalled to duty at the appropriate overtime rate rather than TOIL.
  • That there be a review of the quantum of the on-call allowance to better recognise the imposition of holding oneself available for work
  • That there be annual increases to the allowance by the percentage wage increase or CPI, whichever is greater

20. Career Paths, and Classification for Inspectors

Preamble: There used to be a progression process within OIR to progress from an AO4-AO7. Since the removal of the progression pathway attraction and retention of staff has become an increasing issue.

  • That the Government commit to a progression process for Inspectors to progress from AO4-AO7 in all work places across the state.
  • The Government to report quarterly to the Agency ACC as to how career paths are improving and include quantitative data as to how many employees have progressed to the next classification level.
  • Assess work done by SME in Licensing and Advisory Services (LAS) on the phones, and move up to an appropriate pay bracket

21. Car Allowances

Preamble: Due to the unpredictable nature of the Inspectors roles, only being allowed to use a government vehicle makes it difficult with, outside work commitments if you have to pick up and drop off cars. While there is currently a policy for use or Q Fleet vehicles for personal use, it appears that some regions interpret what is reasonable use of cars for personal use differently.

  • Members request clarity regarding reasonable use of government vehicles for Inspectors.

22. Occupational Violence - OIR

Preamble: The work of the inspectorate is critical to the safety of all workers. As the regulator they are not immune from risk and need support now to be able to continue to protect the interest of all Queensland workers.

  • That the Government develop a zero tolerance policy in relation to occupational violence that includes clear and robust actions towards any person/s breaching the policy.
    • To be shared widely with staff and outside organisations.
  • Department support for refusing service if clients cannot control behaviour for all staff including phone staff and field staff.
  • The Government implement a transparent internal and external complaints policy and system that clearly identifies the process and timeframes in which complaints will be investigated and actioned.
  • Clear and transparent procedure for both internal and external complaint resolution, and escalation if complainant is not satisfied with result
    • Employer obligations
      • Provide copy of the complaint to the impacted employee at the time of the employee being advised of the complaint.
      • All complaints to be in writing from both internal and external parties
      • Any directions to attend a site by an external party to be in writing
      • Details of the investigation process with time frames for each phase, and person responsible.
      • Regular training on policy and reporting requirements for all employees.
      • Development of a reporting structure comprised of both the Union Representatives and departmental representatives where this information will be supplies on a quarterly basis.
      • Record the following for every complaint
        • Date the complaint is made
        • How the complaint is made (email, phone call, in person etc)
        • Who the complaint was made to i.e. DG, Minister, Operations Minister etc.
        • Is this the first complaint of this nature
        • Is this the only complaint for this incident
        • Who made the complaint
        • Timeframes for the complaint investigation process
        • Outcomes of investigations
        • List of possible outcomes considered by investigators (both for the external party and the internal employee)
        • Accountability – if determined processes are not followed.
        • Report provided to every ACC – with de-identified data.