NSW COUNCILS DECORPORATISED: ANOTHER BLOW AGAINST WORKCHOICES
By Ben Kruse
USU General Secretary
Nov 13, 2008
On 13 November 2008 the Local Government Amendment (Legal Status) Bill passed the NSW Upper House decorporatising New South Wales councils.
“The timing is right for these changes,” said General Secretary Ben Kruse. “Passage of the decorporatisation legislation during the November sittings of state parliament protects members’ rights under the State Award and improves the level of certainty about dispute resolution, unfair dismissal and employment protection legislation.“
This is an amazing victory by and for USU members who have resisted the onslaught against terms and conditions of employment brought on by WorkChoices and Federal Industrial Relations changes.
GOODBYE CONSTITUTIONAL CORPORATIONS! As a result of the legislation New South Wales councils are no longer corporations and no council can say that they are a constitutional corporation and covered by WorkChoices.
All New South Wales councils are covered by the Industrial Relations Act 1996 (NSW) and council employees’ terms and conditions of employment are covered by the Local Government (State) Award 2007 or relevant state enterprise award or agreement.
Importantly, the changes mean that industrial disputes regarding terms and conditions of employment and unfair dismissals can be conciliated and arbitrated by the New South Wales Industrial Relations Commission, regardless of whether a council has signed a Referral Agreement.
Watch out for sub-corporate entities In introducing the Local Government Amendment (Legal Status) Bill into parliament Local Government Minister Barbara Perry has also flagged the passage of further regulations aimed at stopping councils from using sub-corporate entities as a means of avoiding their state industrial responsibilities.
The USU will continue to work with the State Government in this regard. In the meantime members must advise the union at the earliest opportunity should council try to establish or transfer employees into a corporate entity.
For further information see our industrial update Strategic Alliance: USU Says “No” to Separate Entities.
Federal action now required Decorporatisation is a practical response on the part of the Rees Government providing immediate protection for Local Government (State) Award 2007 rights. Nevertheless, action now needs to be taken by the federal government to remove all doubt and protect NSW council workers from the potentially devastating impact that the Rudd/Gillard government’s so-called “modern” award system may have on future state award increases and working rights.
Premier Nathan Rees has now written to Prime Minister Kevin Rudd requesting that consistent with the pre election promises made by Kevin Rudd to the union, the federal Government exclude New South Wales local government from federal industrial relations laws.
The next step in our campaign to ensure that New South Wales local government is once and for all protected from federal industrial relations legislation is to campaign for the Federal Government to amend the
AMENDMENTS SECURE PARENTAL LEAVE ENTITLEMENTS The new Bill closes legislative loop holes and ensures that councils can employ temporary staff for up to two years to relieve in positions where permanent staff are granted two years paid parental leave.
Workplace Relations Act to formally exclude councils and associated entities from its operation. The USU has written to the Prime Minister requesting that these amendments occur immediately.
Want More Information? For more information about decorporatisation you can contact the USU Support Team on 1300 136 604 for further resources including:
■ Full text of the Local Government Amendment (Legal Status) Bill
■ Details of the parliamentary first & second reading speeches
■ Updated rates for the Local Government (State) Award 2007, effective 1 November 2008
■ USU Update: Strategic Alliance: USU Says “No” to Separate Entities
■ Copies of correspondence from Premier and from the USU to the Prime Ministe
