Overview…
As the peak industry association and union of employers of all registered and licensed clubs in Queensland, Clubs Queensland provides vital information and services to ensure that community clubs remain viable and competitive.
Legal firms charge between $350 and $500 per hour to provide advice or represent organisations before relevant Tribunals concerning workplace relations matters. Clubs Queensland provides an economic alternative - “The Clubs Queensland Workplace Relations Fund”.
What is the Clubs Queensland Workplace Relations Fund?
The Clubs Queensland Workplace Relations Fund (the WR Fund) is an arrangement facilitated by Clubs Queensland whereby registered and licensed clubs, members of Clubs Queensland can contribute to a fund to provide…
- extended professional advisory services in relation to wages, human resources and workplace relations issues;
- representational services to member clubs in relevant tribunals; and
- outcomes that minimise costs and adverse publicity that can arise from industrial relations matters.
What does contribution to the WR Fund Include?
The WR Fund provides subscribing member clubs with extended professional advisory and representation services by highly qualified and experienced staff, including no-cost representation, for…
- Industrial disputes between a club and its employees;
- Ex-employee claims regarding unfair dismissal or underpayment of wages;
- Claims of workplace harassment, sexual harassment or discrimination; and
- Claims regarding demotion, redundancy or other workplace related matters;
- Discounted consultancy services for human resource and enterprise agreement making services also apply to WR Fund members.
TRIBUNAL LEVEL OF COVER
Industrial Relations Commission Conciliation and Arbitration* Fair Work Australia Conciliation and Arbitration* Anti Discrimination Tribunal Conciliation only* Industrial Magistrates Court Recovery of Wage Claims
What it doesn’t cover…
| Any Court or Tribunal where legal representation is a requirement of the Court. Any Matter where Clubs Queensland's advice is to settle and the club proceeds against that advice and any subsequent costs Appeal cases not initiated by Clubs Queensland or the club (with prior approval of Clubs Queensland) |
Other Conditions
*In order for a club to receive representation under the above fund, a club must be a current financial member of the fund and contact Clubs Queensland for advice before terminating the services of any employee to ensure that proper process is followed. It will be up to the C.E.O. of Clubs Queensland to determine whether in special circumstances the fund will respond to a matter in the absence of first seeking advice from Clubs Queensland.
If representation does not meet these criteria, then Clubs Queensland may agree to represent the club in the matter on the basis of charging an hourly ‘workplace relations fund members’ rate for any services rendered. This hourly rate is currently $160.00 inc GST.
It should be noted - Any advice given or correspondence entered into between Clubs Queensland and a club involved in an industrial dispute will be marked “Without Prejudice” (when appropriate) and any letter or email or verbal advice providing industrial advice will include or be prefaced by a disclaimer as follows...
Any information we provide in this matter is governed by our terms and conditions of membership. We have based our views and recommendations given to you on the information we have been provided with by you, and our interpretation of the relevant materials. As such, our recommendations are not legal advice. You should obtain your own legal advice about the issues. Clubs Queensland will not be held liable for any claim, action, damages or loss you may incur as a result of following our recommendations. Our recommendations are general in nature, and you should decide for yourself whether you think it is in your interests to follow our recommendations or not. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from following our recommendations.
In the event Clubs Queensland considers it necessary to seek a legal opinion on the Club’s behalf (with the consent of the Club) with regard to any matter, the cost incurred for it will be passed on ‘at cost’ to the club and is additional to hourly rates as quoted above.
The WR Fund does not cover any fines incurred by a club as a consequence of a Court or Tribunal ruling. Additionally, it does not cover any settlement payments agreed to by a club or imposed by a Court or Tribunal.
What Does Membership of the WR Fund Cost?
WR Fund membership fees are determined annually, by the Clubs Queensland Board. Fees charged have regard to the level of utilization of services and increases in the costs of providing those services. Fees are levied on a sliding scale, which reflects a fair distribution having regard to the above factors and the respective capacity of clubs to pay given their size and/or nature of operations. The fees range progressively upwards from $70 per annum for the smallest clubs.
What are the Risks of Not Being a Member?
Whilst Clubs who are Clubs Queensland members who are not members of the WR Fund may be able to access Clubs Queensland representational services on a ‘needs’ basis, this will be subject to the availability of professional staff and a fee of $220.00 inc GST per hour will apply. Depending on the extent of the problem, complex cases can last for several days and legal costs may also need to be incurred if matters go to formal arbitration or on appeal.
Prevailing legal representation can for example range from $350 to $500 per hour, depending upon the issue involved and the type of counsel engaged.
Value for Money
The above makes a compelling case for Clubs Queensland members to ensure access to informed advisory and representational services when they are required, at minimum cost and with appropriate consideration of the reputation and image of the Club.
Workplace Relations Fund Overview and Terms and Conditions - pdf 107KB