FAIR WORK REFERRALS BILL: An Important Step In Protecting Local Government Industrial Rights
By Ben Kruse
USU General Secretary
Dec 23, 2009
The Rudd Government has honoured its commitment to keep local government in the State industrial relations system. The introduction of the Fair Work Amendment (State Referrals and Other Measures) Bill into the Commonwealth parliament marks an important step in securing industrial rights for council workers in NSW.
The proposed Fair Work Act amendments enable state governments to declare councils “not to be national system employers.” Once a declaration is made by or under a state law, the declaration is referred to the federal minister for endorsement.
With local government wage increases due to be negotiated in 2010 the Fair Work referral declarations will further protect the Union’s ability to run an industry wide campaign for decent wages and conditions in the Local Government (State) Award. The changes will also protect rights to the conciliation and arbitration of industrial disputes and unfair dismissals before the NSW Industrial Relations Commission. NSW council workers will also avoid the uncertainties associated with the “modernised” federal award system. The changes will not affect the capacity for the USU to negotiate state enterprise agreements.
ROCs & Council Corporations Declarations under the Fair Work referral amendments will be able to be made protecting state industrial rights for employees of Regional Organisations of Councils (ROCs) and council corporations. This will assist in closing some of the loop holes that might otherwise be exploited by councils to avoid state industrial obligations.
Senate Enquiry The Bill has been referred to a Senate Parliamentary Inquiry. On 5th November 2009, the USU sent the submission to the Senate Inquiry and on Wednesday 11th November appeared before the Senate Inquiry in Canberra.
A long campaign The USU campaign to protect state local government industrial rights has been on-going since the introduction of the Howard Government’s WorkChoices legislation in 2005. Along the way the USU has fought to protect these rights at work through the use of enterprise, community and political campaigns. The passage of the Fair Work Amendment (State Referrals and Other Measures) Bill will mark an important milestone in this campaign.
Cooperation needed from the NSW Government Fair Work Referral declarations only become effective after they have been initiated by the State Government and endorsed by the federal Minister. The NSW government has recently confirmed that all NSW employers, other than state government departments and local councils, will come under the federal Fair Work Act from January 2010.
