The USU has commenced a Protect 08 Campaign for councils to sign a council agreement guaranteeing all employees rightful access to a general wage increase in 2008. Commitments made by both the New South Wales and Federal Governments to pass new industrial laws replacing WorkChoices have been slow to come to fruition. Negotiations between the State and Commonwealth are bogged down in intergovernmental wrangling. With a general increase due to take effect from 1 November 2008 councils need to sign a Protect 08 Council Agreement shielding both councils and employees from legal and financial uncertainty.
THE STATE AWARD INCREASE The USU has consistently argued that federal industrial laws do not apply to local government and that the 3.2% Local Government (State) Award increase due in November this year must be paid as a legal right for all employees. While opinions differ about the relevance of federal industrial laws to local councils one thing is certain – employees who stood to suffer under John Howard’s WorkChoices still have no guarantee to a percentage general increase under the interim federal Forward with Fairness legislation. Indeed it looks as if Kevin Rudd and Julia Gillard’s planned federal legislation may not be ready until some time in 2010! Even then, while legal problems associated with the “constitutional corporations” issue remain unresolved councils will have to continue to respect their State Award obligations.
PROTECT 08 COUNCIL AGREEMENT: A PRACTICAL RESPONSE The LGSA has called for the promised legal changes. It’s time for the State & Federal Governments to wake up to themselves and pass the legislation promised last year. Until this occurs the New South Wales local government industry needs to act responsibly and work in a pragmatic way to protect the interests of employees and councils. A Protect 08 Council Agreement offers a cooperative and pragmatic approach to securing an increase for employees.
WHAT ABOUT THE AUSTRALIAN FAIR PAY COMMISSION INCREASE? In July the Australian Fair Pay Commission (AFPC) will announce a wage increase. In the past some councils have taken advice that they can avoid the payment of a council wide general wage increase by paying the AFPC rate and treating the State Award rates as having been “frozen” as at 1 November 2005. This can also involve the absorption of band and entry level rates of pay into council salary system rates of pay. The result is a culture of winners and losers with most employees being robbed of some or all of their wage increase. In the worst case scenarios the AFPC rate can impose a “wage freeze” for many employees.
The payment of AFPC increases to New South Wales councils is fraught with difficulty for both council and employees. Signing a Protect 08 Council Agreement ensures that employees obtain equitable access to a general wage increase. Importantly, the Protect 08 Council Agreement includes provisions protecting the council from unanticipated liabilities that may otherwise arise under the unpredictable AFPC scenario. A Protect 08 Council Agreement is a safe and secure option.
DISPUTE RESOLUTION AND UNFAIR DISMISSAL The current legal uncertainty concerning general wage increases can also effect right of access to the New South Wales Industrial Relations Commission for the hearing of unfair dismissal applications and the resolution of industrial disputes. In 2007 most councils signed Referral Agreements to provide continuing protection for these rights at work. Members should ask council to make or renew these agreements when signing the Protect 08 Council Agreement.
LOCAL DISCUSSIONS: LOCAL CAMPAIGNS Protect 08 is a local campaign that applies to all State Award councils. Briefings and campaign plans are being organised with delegates and members across the industry. The Union has also written to all council general managers advising of the campaign. Implementation of the campaign will differ from council to council depending upon the wishes of the local membership. Some councils have already made a written commitment to the 1 November 2008 increase. At other locations modified local campaigns are already underway.
WHAT CAN I DO? It’s time to get busy on Protect 08.
Here are a few things you can do by speaking to your local delegate, or ringing the USU Support Line on 1300 136 604:
Check Has your council made a commitment to sign a Protect 08 Council Agreement?
Ask Has your Council signed referral agreements protecting rights to unfair dismissal and dispute resolution?
Participate in local discussions on planning the Protect 08 Campaign at your council.
Sign the USU petition here calling on Nathan Rees and Kevin Rudd work together to pass legislation to secure the State Award
