What About the High Court Case?
The fight against the federal government’s extreme industrial relations changes has entered a new phase following the outcome of the High Court case. However, while the Court upheld the constitutional validity of the laws the Court has not given any clarification about in which workplaces the laws apply.

The impact in some USU sectors, such as local government, remains unclear. However, where the changes do take hold they will have a devastating impact on employees. Thousands of workers will lose access to unfair dismissal rights. Employees will also be exposed to the risk of individual contracts and a frighteningly low safety net wage of just $511.00 per week. The laws also remove the right to have disputes and grievances resolved before an independent umpire.

Benefits of Referral Agreements
Referral agreements empower local industry stakeholders to take control of dispute resolution, removing the vagaries and uncertainty associated with constitutional challenges. In a landmark paper comparing the NSW conciliation and arbitration system with WorkChoices the Vice President of the NSW Industrial Relations Commission, the Honourable Justice Michael Walton has identified four key benefits associated with the State system of conciliation and arbitration2:

Simplicity:
State IRC processes are informal, with a heavy emphasis on dispute resolution. Well in excess of 80% of unfair dismissal matters are settled in conciliation and, with general industrial disputes, the rate is even higher.

Accessibility:
Access is affordable and straightforward and is not hindered by constitutional problems. The Commission has a genuine State-wide reach to all regions of NSW.

Timeliness:
Unfair dismissals are listed within 21 days and industrial disputes are generally listed well under five days. More urgent cases are listed virtually immediately.

Practicality:
The system is geared to produce common sense and practical outcomes to industrial and employment problems. The members of the Commission have substantial practical experience and are independent of political and economic influences.

Industry Endorsement
Both the NSW Government and LGSA endorse the use of referral agreements. Making a referral agreement is easy with industry endorsed template documents and advice available from either the USU or LGSA. These documents have been the subject of rigorous negotiation and have been scrutinised by legal counsel.

USU Undertakings
At those locations where referral agreements apply USU Officials are under strict instructions to comply with industry recognised consultative mechanisms. Advance notification will be given of all industrial disputes. Draft dispute notifications will be given to both council and the LGSA and a reasonable opportunity provided for discussion before the commencement of proceedings.

WorkChoices: Not a Viable Alternative
Both in practical and moral terms WorkChoices in not a viable alternative for NSW local government. WorkChoices operates on a regressive system of strikes, lockouts, prosecutions, fines, litigation and penalties. Disputes over the use of non-union agreements and AWAs divide communities and spiral local workplace relations into conflict and litigation.

Referral Agreements: A Real Choice!
Referral agreements can be signed off simply by the general manager. Where there is resistance it is entirely appropriate for members to ask council's elected representatives to pass a resolution supporting a referral agreement. Don't let anyone convince you that referral agreements don't work or are not the business of council. Council has an important and necessary interest in supporting a decent industrial relations policy. Referral agreements promote good industrial relations.

A referral Agreement petition will be available to download here shortly!

Footnotes
1 See Industrial update "USU High Court Challenge: WorkChoices Coverage Doubtful"
2 UNSW Law Journal Vol 28(1) 2006 pp47-79.