Employee Relations

Frequently Asked Questions

Amendments to Industrial Relations Act

1 July 2013
1.

WHEN CAN A UNION OFFICIAL ENTER A WORKPLACE (INDUSTRIAL RELATIONS ACT)?

An authorised industrial officer (union official) must give at least 24 hours (but not more than 14 days) written notice of entry into a workplace to hold discussions with a union member, or an employee who is eligible to be a union member. Written notice is also required prior to inspection of time and wages records. The entry notice must be signed by the union official and state the: o o o o Workplace the union official proposes to enter; Day and time of the proposed entry; Union officials name and organisation; Powers the union official proposes to exercise under the Industrial Relations Act and, if the union official intends to inspect records, the records to be inspected.

On arrival at the workplace, the union official must first notify the employer or representative of their presence, and produce or display their authorisation as required by the employer or representative. The employer may give the union official written notice stating where entry to the workplace is to occur (particular floor/office/conference room). The employer notice must be given before the day and time of the entry stated in the entry notice. The employer or representative must not refuse a union official entry to a workplace if they have complied with the requirements for entry. Union officials are not required to give written notice of entry if attending the workplace at the invitation of management for the purpose of participating in management-convened meetings. Union officials do not otherwise have authority to be present in the workplace.

2.

WHAT ARE UNION OFFICIALS RIGHTS TO MEET WITH MEMBERS IN THE WORKPLACE?
There is no requirement for the employer to: o o Supply facilities, resources or premises for union activities, other than as provided for under right of entry provisions; or Allocate time for union officials or delegates to discuss union membership with new employees during orientation programs.

A union official may meet with a member or an eligible employee in the workplace as provided for under the right of entry provisions. A union official who has entered the workplace in accordance with the right of entry provisions may discuss: o A matter under the Industrial Relations Act 1999 with a member, or an eligible employee, during working or non-working time; o Any other matter with a member, or an eligible employee, during non-working time. Employees are not entitled to attend workplace union meetings in working time, but may do so in non-working time (i.e. outside rostered hours of work or during meal or other breaks). A union official must not wilfully obstruct the employer or employee during the employees work time. It is important that the employer does not refuse entry to the workplace by a union official who has been requested by an employee to support or represent the employee at management-convened meetings or interviews concerning individual workplace issues.

3.

CAN UNION DELEGATES UTILISE QH INFORMATION AND COMMUNICATION TECHNOLOGIES?

The employer is no longer obliged to: o Provide union delegates with access to information and/or communication technologies (such as computers, email, photocopiers) for union-related activities; or o Allow union delegates to disseminate union information (eg brochures, newsletters) via workplace information and/or communication technologies.

4.

ARE MANAGERS OBLIGED TO ENCOURAGE EMPLOYEES TO JOIN A UNION?

Union encouragement provisions in Awards and Certified Agreements no longer have effect. Managers are no longer required to ensure that encouragement is given to employees to join and maintain membership of a union. It remains an individual employees choice whether or not to join a union.

5.

WHAT ENTITLEMENTS DO EMPLOYEES HAVE TO PAID LEAVE FOR UNION ACTIVITIES?

Industrial entitlements for paid leave to undertake union activities no longer have effect. Union activities include union training, conferences and other activities facilitated by a union. Prior approved leave scheduled to be taken on or after 1 July 2013 may be taken. Applications for paid trade union training leave submitted on or after 1 July 2013 cannot be approved. An employee may arrange time off to attend trade union training or other activities by way of rostering arrangements and/or alternative leave arrangements. It is important that the employer does not unreasonably refuse a rostering request or an application for leave on the grounds that an employee wishes to attend union training, conferences or other activities facilitated by a union. Rostering and leave requests should be managed in accordance with local protocols.

6.

SHOULD EMPLOYEES PERSONAL DETAILS BE PROVIDED TO UNIONS?

Employee details including full name and address, date of birth and classification must still be kept by the employer in a time and wages record. A union official has a right to inspect time and wages records of relevant employees provided that entry requirements have been met. The employer must not allow a union official to inspect a time and wages record for an employee who has made a written request to the employer that the record not be available for inspection. Amendments to the Industrial Relations Act in 2012 introduced a restriction on giving personal employee information to a union. If an Award or Certified Agreement includes a provision for giving personal information about an employee to a union, an employer may give the information only with the express written consent of the employee. Personal information means information about an individual whose identity is apparent, or can reasonably be ascertained, from the information. Disclosure of personal information about employees other than as outlined above may be in breach of the Information Privacy Act 2009 (Qld).

Employee Relations Human Resource Services Branch System Support Services Division. Contact ER at ER@health.qld.gov.au.