HR and IR information guide

This information guide is designed for Human Resources (HR), Industrial Relations (IR) and General Managers to assist with the successful implementation of work-life balance policies in organisations.

How to use this guide

This guide provides information applicable to all Queensland workplaces, although individual workplaces may choose to customise the information to better suit their specific environments.

The content of the guide is categorised according to the three main target areas of intervention, as follows:

Interventions at the organisational level

• This category outlines interventions to be undertaken by HR/IR managers to ensure conditions for effective implementation of policies are in place in the organisation. Interventions at the organisational level would affect managers and staff and would require significant support from CEOs.

Interventions at the Managerial Level

• This category outlines interventions to be undertaken by HR/IR managers that assist managers to effectively implement work-life balance policies.

Interventions at the employee level

• This category outlines interventions to be undertaken by HR/IR managers to inform employees about work-life balance policies and teach employees how to negotiate for such policies.

What are work-life balance policies?

Work-life balance policies can be described as policies that help employees meet the needs of both their work life and their personal life. They include a wide variety of policies including:

• Leave arrangements – e.g. carer’s leave, study/training leave, career breaks, and cultural leave.
• Policies relevant to parenting and pregnancy – e.g. paid/unpaid parental leave, breastfeeding facilities, lactation breaks, assistance with child care.
• Flexible working arrangements – e.g. telecommuting, job sharing, time off in lieu, gradual retirement.
• Additional work provisions – e.g. counselling services, health programs, exercise facilities, relocation assistance.

Why do we need to deal with work-life balance?

Attraction and Retention

More than 11 million people aged 15-64 years were employed in Australia in 2010, 2.3 million of whom are employed in Queensland. A relatively large proportion of Australian employees of working age (36 per cent) are aged between 45 and 64 years and thus likely to retire within the next decade.

Older workers generally have a wealth of experience and skills obtained through their years in the workforce. As these people retire, businesses risk losing extensive specialist knowledge and capacity. Certain industries are exposed to greater risk as they have a higher proportion of workers aged 45-64 years, such as Education (48 per cent), Health and community services (45 per cent) and Transport, postal and warehousing (42 per cent).

Many occupations with relatively high proportions of workers aged 45-64 years also require higher skills levels. Forty-six per cent of managers and administrators, 39 per cent of clerical and administrative workers and 43 per cent of machinery operators and drivers were aged 45 to 64 years in 2010. Professionals represented the occupational group with the largest number of workers aged 45-64 years with 640,900 people.

Between 1980 and 2010 the proportion of the population aged 65 years and over increased from 10 to 13 per cent. At the same time, the proportion of children (0-14 years) decreased 25 to 19 per cent. It is anticipated that these trends will accelerate in the future. With a relatively large number of people approaching retirement age over the next few decades, and fewer young people entering the labour force, there is a possibility of a shortage of labour to meet future demands. This will affect businesses as the competition for staff will intensify.

Part of being an attractive, competitive employer involves the provision of work-life balance policies, which can help retain older workers, as well as attract parents who have been out of the workforce due to caring responsibilities and young workers who want to combine work and study and leisure or who are planning to have families in the short-term future.

Source: Australian Bureau of Statistics

Legislative obligations

There are three major pieces of legislation that provide Queensland state and local government  employees (i.e. those employees that fall within the state industrial relations system)with rights to access work-life balance provisions.  The legislation includes the Industrial Relations Act 1999, the Anti-Discrimination Act 1991 and the Family Leave Award 2003.  More information on each of these is provided below.

Since January 2010, most private sector employees have been covered by the Fair Work Act 2009 within the Federal industrial relations system.  More information on the provisions within this Act and the National Employment Standards can be found at Fair Work Ombudsman or by calling the Fair Work Australia Infoline on 13 13 94.

Industrial Relations Act 1999

One of the stated objectives of the Industrial Relations Act 1999 (the Act) is to help balance work and family life. The Act provides for a variety of leave entitlements that apply to all public sector and local government employees (and therefore excludes those covered by federal legislation awards or agreements) which may help them balance their work, family and lifestyle commitments, including parental leave, carer’s leave, bereavement leave, and cultural leave. The Act also provides a framework to protect employees against unfair dismissal on discriminatory grounds, including family responsibilities.

Anti-Discrimination Act 1991

The Anti-Discrimination Act 1991 prohibits discrimination on the basis of certain attributes including:

• pregnancy
• parental status
• breastfeeding
• family responsibilities.

Employers need to be particularly careful not to breach anti-discrimination laws when dealing with employees with family responsibilities.

Terms of employment such as starting and finish times, the requirement to work full-time and attendance requirements are not directly discriminatory, but may be indirectly discriminatory.

Employers need to treat seriously requests for part-time work, flexible work hours, telecommuting and other flexible work arrangements. It is not enough to offer an employee their full-time position after returning from parental leave and let them go if they cannot work full-time. A requirement to work full-time must pass a test of reasonableness as outlined in section 29D of the Industrial Relations Act 1999

Family Leave Award 2003

The Family Leave Award 2003 sets down the terms of a number of leave provisions for employees covered by the Queensland industrial relations system, including parental leave, carer’s leave and bereavement leave. The Award also provides for part-time employment for pregnant employees and employees who are the parent of a child under the age of 2 years.