Victorian Government Call Centre Code

Contents

1.Introduction

1.1Objectives of the Code

2.Victorian Government Policy

3.Application of the Code

3.1Victorian Public Sector Bodies and Public Entities

3.2Public Sector Procurement

3.3Private Sector Call Centres

3.4State and Commonwealth legislation

4.Implementation

4.1Government operated call centres

4.2Public sector procurement of call centre services

4.3Compliance with Commonwealth and State laws

5.Employee Minimum Entitlements

5.1Contract Call Centres Award 2010

5.2Public sector awards

5.3Dispute settlement and industrial instruments

5.4Employer/Employee Representation

5.5Collective Bargaining

6.Occupational Health and Safety

7.Anti-Discrimination

8.Management and Organisation of Work

8.1Security of Employment and Entitlements

8.2Subcontracting by suppliers

8.3Training and Skill Development

8.4Communication and Consultation

8.5Performance Assessment

9.Compliance – Monitoring and Sanctions

9.1Government operated call centres

9.2Public sector procurement of call centre services

10.Industrial Relations Victoria

Appendix 1 – Legislation and Industrial Instruments

Appendix 2 – Public Sector Procurement Templates

Checklist for Compliance with the Victorian Government Call Centre Code

Statement of Non-Compliance

Declaration of Compliance with the Victorian Government Call Centre Code

Appendix 3 – Model Contract Clause

1.Introduction

The Australian call centre industry is a major employer providing services to businesses and customers in a diverse range of industries including finance, retail services, banking, insurance, government, education, health, hospitality, tourism and travel, telecommunications and utilities.

In 2002, the Victorian Government launched the Victorian Government Call Centre Code (Code) to assist in the development of a sustainable call centre industry. Since the Code was last updated in 2006, there have been significant changes in the industrial relations legislative framework. Therefore, the Code has been reviewed and updated to reflect these changes.

The Code is a Victorian Government policy that applies to both government operated call centres and private sector organisations contracted to the Victorian Government to provide call centre services.

The Victorian Government encourages all industry participants within the call centre industry to adopt and adhere to the Code as an industry benchmark.

Compliance with the Code is a condition of any contract in which a private sector organisation provides call centre services to the Victorian Government.

The Code has been developed to assist people to understand the Victoria Government’s requirements and expectations in relation to the Victorian call centre industry.

The Code aims to ensure that work is carried out lawfully, fairly, efficiently and safely for the benefits of all people within the call centre industry. The Code outlines workplace relations and occupational health and safety (OHS) legal requirements. It provides guidance on industry best practice to improve productivity and encourage innovation.

The Code provides a framework in which government buyers can make qualitative assessments about whether a business has satisfied the requirements of the Code, based on information received.

1.1Objectives of the Code

The objectives of the Code in relation to the Victorian call centre industry are:

  • to provide information to assist employers to comply with workplace relations and occupational health and safety laws;
  • to promote the development and adoption of cooperative, consultative and productive approaches to workplace relations; and
  • to encourage best practice workplace practices that are fair to employees, improve productivity and encourage innovation.

The Victorian Government’s priority is to support and encourage growth and higher levels of local employment in the Victorian call centre industry.It will do this by promoting and maintaining a sustainable call centre industry that competes successfully based on:

  • the vision and direction of its managers;
  • the skills and commitment of its employees;
  • the partnership culture of its workplaces; and
  • the customer service orientation of its workforce.

The Victorian Government is committed to using its purchasing power to generate jobs for Victorians, and boost economic activity by sourcing and procuring local products and local services, consistent with the Victorian Government Purchasing Board's procurement policies.

2.Victorian Government Policy

The Victorian Government believes that every Victorian worker is entitled to a fair, safe and secure workplace and advocates a partnership approach to industrial and employee relations.

The Victorian Government supports workplace arrangements that promote:

  • productivity and efficiency;
  • cooperation;
  • communication and consultation between employers and employees;
  • training and skill development;
  • fair and reasonable employment standards;
  • a commitment to occupational health and safety;
  • security of employment;
  • rights of representation; and
  • equity in the workplace.

The Victorian Government supports a stable, cooperative and fair system of industrial and workplace relations and believes that a single unitary national system provides the best framework for all Victorian employees, employers and unions.

All Victorian employers and employees including the public sector are covered by the national industrial relations system established by the Fair Work Act 2009 (Cth). The Victorian Government supports the role of the Fair Work Commission as the national industrial and workplace relations tribunal to carry out a range of functions including:

  • providing a safety net of minimum conditions, including minimum wages in awards;
  • facilitating good faith bargaining and the making of enterprise agreements;
  • granting remedies for unfair dismissal;
  • regulating the taking of industrial action;
  • resolving a range of collective and individual workplace disputes through conciliation, mediation and in some cases arbitration; and
  • functions in connection with workplace determinations, equal remuneration, transfer of business, general workplace protections, right of entry and stand down.

3.Application of the Code

3.1Victorian Public Sector Bodies and Public Entities

The Code applies to:

  • public service bodies including departments, administrative offices and the Victoria Public Service Commission; and
  • public entities including statutory authorities and state-owned corporations established by legislation to carry out a public purpose,who either operate a call centre or procure call centre services from a private sector organisation.

3.2Public Sector Procurement

The Code also applies to private sector organisations contracted by the Victorian Government to provide or perform call centre services.

The Code must be complied with when private sector organisations supply call centre services to the Victorian Government.

‘Businesses that tender for call centre contracts from Victorian Government entities – including all ‘in budget’ agencies, statutory authorities and Government owned corporations – will be required to comply with and demonstrate their commitment to the Code at the pre-qualification stage of the tendering process.’[1]

3.3Private Sector Call Centres

The Victorian Government encourages all industry participants within the call centre industry to adopt and adhere to the Code as a benchmark. Private sector call centre that provide services to the Victorian Government must comply with the Code, as described in 3.2.

3.4State and Commonwealth legislation

The application of the Code is subject to the provisions of relevant Commonwealth and State legislation and industrial instruments including:

  • Commonwealth workplace relations legislation;
  • enterprise agreements and modern awards applicable to Victorian public sector and call centre employment;
  • Victorian long service leave legislation;
  • Victorian and Commonwealth occupational health and safety legislation;
  • Victorian and Commonwealth workers compensation legislation;
  • Victorian and Commonwealth equal opportunity, anti-discrimination and charter of human rights and responsibilities[2]legislation; and
  • legislation relating to the operation of superannuation.

Refer to Appendix 1 for a list of the key legislation and industrial instruments that operate alongside the Code.

4.Implementation

The Victorian Government is committed to the implementation of the Code.

4.1Government operated call centres

To implement the Code within government operated call centres, Victorian public sector departments/agencies are responsible for establishing:

  • internal procedures to implement the Code;
  • mechanisms to ensure responsiveness to Code issues;
  • consultative mechanisms as required by the Code; and
  • a point of contact for Code matters.

4.2Public sector procurement of call centre services

To ensure that businesses supplying call centre services to the Victorian Government are complying with the Code, standard conditions for invitation to supply (tender/request for quotation) and model contract clauses have been developed. This will assist government buyers in making qualitative assessments about whether a business has satisfied the requirements of the Code.

Conditions of Tender/ Quotation

To ensure suppliers understand the Victorian Government’s expectations and requirements in relation to the Victorian call centre industry, the Code must be included with all relevant invitation to supply (tender/request for quotation) documentation.

Government buyers must include, the supplier’s compliance with the Code when assessing invitation to supply (tender/request for quotation) responses for the procurement of call centre services.

Suppliers are required to complete the Checklist for Compliance with the Code (Checklist) and sign the Declaration of Compliance (Declaration) when submitting an invitation to supply (tender/request for quotation) response for call centre services. Government buyers will use this information to evaluate the supplier’s level of compliance with the Code.

The Checklist and Declaration require:

  • suppliers to detail their record of compliance with workplace relations and OHS legislation in the preceding 24 month period to assist government buyers to establish confidence in the workplace relations and OHS practices of suppliers; and
  • suppliers to confirm they have policies and procedures in place to meet the best practice guidance within the Code.

The Checklist and Declaration are at Appendix 2.

The government buyer may request further documentary evidence about the information provided by the supplier. Where it is deemed that the supplier does not meet the requirements of the Code they will not proceed to contract.

Contract

A model contract clause has been developed to ensure that suppliers comply with the Code during the life of the contract. The model contract clause provides the State with the right, during the course of contract, to request a status report on compliance. The model contract clause is at Appendix 3.

Government buyers must include the model contract clause in procurement contracts with suppliers providing call centre services; this will create a binding contractual obligation on the supplier to comply with the Code.

4.3Compliance with Commonwealth and State laws

Government operated call centres and organisations that are contracted to provide call centre services are required to comply with all applicable Commonwealth and State legislation throughout the life of the contract.

Where there is a suspected breach of any law (including workplace and occupational health and safety laws), the matter must be referred to the relevant authorities responsible for administering the legislation.

Refer to the Compliance Section of this Code for further information.

5.Employee Minimum Entitlements

The Code requires compliance with all applicable laws.

The Code requires that employers provide employees with at least their minimum entitlements for wages and conditions of employment as specified in the relevant modern award, enterprise agreement or employment contract.

The National Employment Standards (NES) and the modern awards make up the minimum entitlements for employees in the national workplace relations system. The terms of industrial instruments cannot provide for wages and conditions that are less than the national minimum wage or the NES. However, they may provide entitlements that are more favourable for employees.

The NES relates to the following matters:

  • maximum weekly hours;
  • requests for flexible working arrangements;
  • parental leave and related entitlements;
  • annual leave;
  • personal/carer's leave and compassionate leave;
  • community service leave;
  • long service leave;
  • public holidays;
  • notice of termination and redundancy pay; and
  • the Fair Work Information Statement.

Although the NES applies to all employees covered by the national workplace relations system, only certain entitlements apply to casual employees, which are:

  • two days unpaid carer’s leave and two days compassionate leave per occasion;
  • maximum weekly hours;
  • community service leave (except paid jury service);
  • to reasonably seek a day off on a public holiday; and
  • provision of the Fair Work Information Statement.

Casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to make requests for flexible working arrangements and parental leave.

The Long Service Leave Act 1992 (Vic) also applies to casual employees.

5.1Contract Call Centres Award 2010

As stated, the Code requires compliance with all applicable laws.

If an employee is not covered by an enterprise agreement, their minimum wages and conditions are likely to be set by a modern award.

The Contract Call Centres Award 2010 applies nationally to the contract call centre industry. It sets out minimum entitlements for wages and conditions of employment including the following matters:

  • types of employment including full-time, part-time and casual;
  • termination of employment;
  • redundancy;
  • minimum wages including higher duties, penalty rates, overtime and casual rates;
  • allowances;
  • annual leave and annual leave loading;
  • other types of leave including personal/carers leave, compassionate leave and community service leave;
  • public holidays;
  • hours of work; and
  • superannuation.

The Contract Call Centres Award 2010 also sets out a classification structure including the definition of each role, the indicative tasks and qualifications.

For further information about the NES minimum standards and moderns awards or to obtain a copy of the Contract Call Centres Award 2010, contact the:

- Fair Work Ombudsman on 131394 or through their website at

- Fair Work Commission on 1300 799 675 or through their website at

5.2Public sector awards

The Contract Call Centres Award 2010 applies to private sector organisations contracted to the Victorian Government to provide call centre services.

For call centres operated and managed directly by a Victorian Government Department or Agency, if an employee is not covered by an enterprise agreement, their minimum wages and conditions are likely to be set by the following public sector modern awards:

  • State Government Agencies Award 2010 - for national system employers; or
  • Victorian State Government Agencies Award 2015 - for state reference employers.

To obtain a copy of the State Government Agencies Awards 2010 or the Victorian State Government Agencies Award 2015, contact the:

- Fair Work Ombudsman on 131394 or through their website at

- Fair Work Commission on 1300 799 675 or through their website at

5.3Dispute settlement and industrial instruments

The Victorian Government promotes the resolution of workplace disputes at the workplace level. However, not all disputes can be resolved without some external assistance.

The Code requires compliance with disputes resolution procedures set out in relevant industrial instruments. The Fair Work Act 2009 (Cth) requires that all modern awards and enterprise agreements include a dispute resolution clause.

Dispute resolution clauses in modern awards generally provide for the following process:

  • employee/s meet with their direct supervisor to discuss the grievance;
  • failing resolution, the matter is discussed further with more senior management;
  • failing resolution of the matter, the employer refers the dispute to a more senior level of management or more senior national officer within the organisation;
  • failing resolution, the matter may be referred to private mediation provided it does not remove the right to refer the matter to the Fair Work Commission;
  • where the dispute remains unresolved, the parties may jointly or individually refer the matter to the Fair Work Commission; and
  • the employer or employee may appoint another person, organisation or association, including their union, to represent them during this process.

Enterprise agreements must contain a term that sets out a procedure that requires or allows either the Fair Work Commission or another independent person to settle disputes. The term must allow for the representation of employees covered by the agreement. A model dispute resolution term for enterprise agreements is set out in the Fair Work Regulations 2009 (Cth).

Dispute resolution clauses should require that work is to continue normally during the dispute resolution process subject to any reasonable concerns about health and safety. Generally, the Fair Work Act 2009 (Cth) does not authorise employees to stop performing work while a dispute is being resolved.

The Fair Work Ombudsman has developed a best practice guide titled Effective Dispute Resolution, which can be accessed by contacting the Fair Work Ombudsman on 131394 or through their website at:

5.4Employer/Employee Representation

The Victorian Government promotes a cooperative approach to workplace relations valuing collective bargaining and the rights of employees to have their interests supported through effective union representation.

In terms of representation rights, the Code requires that:

  • organisations and employees are free to join an association or organisation;
  • employees are entitled to negotiate collectively;
  • organisations should not hinder the activities of unions; and
  • unions have access to the workplace by providing requisite and reasonable notice and without hindering normal operations.

Under the Code, an authorised union representative is to be accorded:

  • recognition that representatives act on behalf of members;
  • access to employees for conducting union business (provided there is no undue interference with work);
  • reasonable access to information about the workplace/business;
  • reasonable paid time during normal working hours to conduct union business;
  • reasonable paid leave to attend accredited union education; and
  • reasonable access to facilities for conducting union business (phone, facsimile, post, photocopying, internet e-mail).

Commonwealth and State legislation provide unions with rights to lawfully enter workplaces. Refer to Appendix 1 for a list of applicable legislation.