Tick, tick, tick -
WorkChoices starts on Monday 27 March
Dear members
You may have noticed a reference in the Sydney Morning Herald this morning to a media release released by the Ministers for Industrial Relations and Local Government, John Della Bosca and Kerry Hickey. The news was that both ministers had written jointly to mayors and general managers of all New South Wales councils advising them to avoid doing anything under WorkChoices.
In short, and we provide both their letter and the media release as part of this Bulletin so you can read it yourself, they urge councils to wait for the result of a High Court challenge before councils do anything at all. We agree. The High Court challenge begins on 4 May.
We have advised members in the March Bulletin (available on our website if you missed it) that no one should do anything to cooperate with the new Federal regime. Our preference, and our commitment, is to continue operating in the New South Wales industrial relations system as long as we can. It has worked well for us over the years.
What is the New South Wales Government doing to protect councils ?
In the March Bulletin we advised that depa, along with the other local government unions, UnionsNSW and the Local Government and Shires Association had been meeting with representatives of both ministers and the NSW Government’s industrial relations office to explore what options may exist to alter employment arrangements in local government so that employees are no longer employed by corporations.
These meetings are continuing and we will meet again on Friday 30 March. At that meeting the Crown Solicitor and government representatives will present some detail about what is seen as the most practical model as an alternative to employment by a Council. If you are employed by a corporation, until the High Court decides otherwise you are caught by WorkChoices.
The New South Wales Government has also amended the Industrial Relations Act to allow common-law contractual arrangements entered into between unions and employers to be dealt with as contractual disputes. This will allow us to reach agreement with councils who do not want to head in the direction of the Federal legislation to have issues resolved in the New South Wales Commission.
If we can’t keep away from WorkChoices by some NSW legislation we will still be able to resolve things in the NSW Commission as long as the council agrees that we can. Not perfect but better than nothing.
What should members do?
Nothing.
Some councils, particularly some mischievous human resources flunkies and venal managers, will want to take the opportunity to put the frighteners on employees about individual contracts and other nasty aspects of the Federal legislation. Ignore them. If they are persistent, contact depa.
The legislative changes and the regulations comprise about 1500 pages and if there is one thing that the experts agree on, it is that it's going to take a long time before people have any real idea how this system will operate.
The Local Government and Shires Associations have conveyed information about WorkChoices to councils in their electronic General Circular sent today. We generally agree with the content of this circular but think it's too early to summarise the immediate implications of WorkChoices.
All the more reason to take the Ministers’ advice and do nothing until the High Court decides on the constitutionality of WorkChoices in its entirety.
If you need help...
Notwithstanding the advice from the Ministers and the Local Government and Shires Associations discouraging councils, members may find themselves being approached under the new Federal laws. Please contact us immediately. We will be able to use contacts in the ministers’ offices and in the LGSA to try to have those councils back off.
We are also going to put a "shame file" on our website so that when councils start to do the wrong things contrary to the advice, we can let everyone know what is happening.
Ian Robertson
Secretary
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