NSW Gov't Reduces Workers Rights

Date: 25 June 2003

In a surprise policy change the NSW Government has announced the introduction of legislation that will allow councils to alter the terms and conditions of employment for employees immediately upon the creation of new councils.

Up until now, employees transferred as a result of boundary changes or amalgamations have had their terms and conditions of employment protected for three years as if the employee were continuing with the same employer, subject to the same remuneration and benefits and with the same duties until a new award or agreement is reached.

The current arrangements were negotiated between the United Services Union (formerly the MEU) and the Government in 1999. For several years the Government has promised that these employment protections would be passed into legislation. Recently at a meeting of the State Labor Advisory Council NSW Premier Bob Carr gave further personal undertakings to USU General Secretary Brian Harris that the promised reforms would be passed into law prior to the forthcoming round of local government boundary changes.

Problems with the employment protection package have arisen upon the draft bill being reviewed by Cabinet. Significant changes have now been made, without consultation with the local government stakeholders, changing the employment protection policies to the extent that the Government has now reneged on promises made to the Union and the effected employees. The bill presently before Parliament is a dog's breakfast of amendments, most of which have not been the subject of consultation with the Union.

The proposed legislation enables councils to vary terms and conditions of transferred employees, subject to compliance with a "no net detriment test". This new approach to employment protection hands the levers of control to management immediately upon transfer. Notably the changes reflect arguments made by Sydney City Council during recent industrial disputes arising upon the transfer of employees from South Sydney and Leichhardt Councils to the City. The former Lord Mayor of Sydney Council is now a key member of the State Cabinet.

Another key reform promised by the Government is missing from the legislative package presently before Parliament. Where council boundaries are altered Government policy presently prevents the relocation of staff from their previous base of operations to unacceptable locations. By deleting this protection, the proposed legislation allows for the forced transfer of employees across hundreds of kilometres of local government boundaries immediately upon the creation of new or altered councils. ../2

USU Press Release - 25 June 2003

The proposed legislation significantly waters down the promised protections for employees effected by organisation restructures.

The United Services Union will enter into urgent negotiations with the Government today in an effort to amend the legislation to restore the credibility of the Local Government reform package.

The changes in Government policy effect all workers in Local Government. Those workers most immediately effected are those at Yass, Yarrowlumla and Queanbeyan Councils in respect of whom a boundary change proposal is currently being considered by the NSW Boundaries Commission.

The United Services Union will actively oppose these attacks on employment conditions.

The Union will give urgent consideration to an appropriate industrial strategy.

For information please contact:
United Services Union - Ph: 9265 8211, Fax: 9261 2265 or
Brian Harris, MEU Secretary on 0419 761 318 or Ben Kruse, Manager Legal & Industrial: 0419 623 984

For further information

Contact:	Brian Harris
Union:	Municipal Employees Union
Phone:	(02) 9265 8211
Email:	help@meu.org.au
WWW:	http://www.meu.org.au

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