PROTECTING OUR STATE AWARD: TIME FOR KEVIN RUDD AND NATHAN REES TO HONOUR PROMISES TO LOCAL GOVERNMENT EMPLOYEES
By Ben Kruse
USU General Secretary
Apr 2, 2009
With the new Fair Work Australia federal industrial relations changes having passed into law Deputy Prime Minister Julia Gillard is now chairing a series of meetings with State Industrial Relations Ministers to reach agreement on how these new laws will apply to employees presently engaged under State awards. The USU is calling on the State and Federal governments to stand by pre-election commitments to protect our NSW State award and state industrial rights. The Promises In November 2007 before the Federal election Kevin Rudd, then leader of the federal opposition, wrote to the Union making an “express commitment that State Governments, working with their employees, will be free to determine the appropriate approach to regulating the industrial relations arrangements for their own employees and local government employees”. 1
This promise was taken up by the NSW State Government in September 2008 when Premier Nathan Rees wrote to the Prime Minister Rudd urging the federal government to “take steps clarifying that the local government sector is subject only to State industrial relations laws.” 2
More recently NSW Attorney General and Minister for Industrial Relations, John Hatzistergos, wrote to unions advising of his concern that some NSW workers “will be worse off under the (Fair Work Australia) system proposed by the federal government.” 3
Minister Hatzistergos confirmed he is committed to maintaining a State Industrial Relations Commission exercising jurisdiction over a broad range of employment matters.
Decorporatisation: OK for now For the time being council workers in NSW can rest assured that the State Award is protected by the decorporatsiation legislation passed by the Rees government in November last year.
The Local Government (Legal Status) Amendment Act 2008 NSW provides temporary relief from the jurisdictional uncertainties arising from the federal Government’s use of the constitutional corporations power under Commonwealth Constitution. For now State award rights, such as the 3.2% increase due in November 2009, are protected. However, a change of State Government could result in this protection being removed. A longer term solution is required.
What’s at stake? While Fair Work Australia represents a significant improvement on the Howard Government’s WorkChoices laws, the new federal laws still fall well behind equivalent state industrial rights. Changes under Fair Work Australia would include:
The loss of State award general increases
Wage increases having to be bargained council by council, not state wide.
Severe limitations and penalties for industrial action outside of certified “bargaining periods”
Award rights stripped right back through “award modernisation”
Limited rights to the arbitration of industrial disputes
Poorer protection against unfair dismissal.
Additional problems associated with the Fair Work Australia involve the status of associated council entities such as Regional Organisations of Councils (ROCS), council corporations and strategic alliance entities. These issues need to be resolved in the current round of talks between state and federal government representatives.
No Wobbly Stuff! It is important that our state and federal governments see these promises through. Our State award provides valuable rights and entitlements that are just not available under federal bargaining. The USU is taking an active role reminding our political leaders of these undertakings. However, in a political environment where rumours abound the Union in monitoring the situation closely to ensure that neither government seeks to back out of these promises on the basis of alleged technical or other legal excuses.
Time for Action Since the Howard government unveiled it’s workplace reforms (WorkChoices) in 2005, local government has been plagued by uncertainly about whether employees are in or out of the federal system.
While decorporatisation has brought about an interim solution, now is not a time for inaction.
Federal and state legislators need to bring a sense of commitment purpose to resolve this outstanding issue by reaching agreement with the State Premier to excise councils and associated entities from Fair Work Australia so as to protect rights at work.
Parliamentary Lobby The USU appeared at the recent Senate Inquiry into the Fair Work Australia Act and will continue to lobby for reforms increasing protections for the working rights of NSW local government employees under the State Award.
Copies of the original items of correspondence referred to in this circular can be available to the USU members and new members of the Union by contacting our Support Team on 1300 136 604 or linking on the links below.
