Published Wednesday, 13 February, 2008 at 11:06 AM

Minister for Transport, Trade, Employment and Industrial Relations
The Honourable John Mickel

Local government workers to get employment security

New legislation introduced into Parliament this week will guarantee local government workers are free of the lingering effects of Work Choices and gives stability and flexibility to councils across the state.

Employment and Industrial Relations Minister John Mickel said the legislation was needed because even in its death throes, the former Howard Government’s industrial laws threatened regional economic prosperity.

“Prior to Work Choices, white collar local government employees were covered by the federal jurisdiction while blue collar employees had state awards and agreements. Work Choices moved the blue collar employees into the federal system,” he said.

“The Commonwealth is to exclude state and local government employees from Work Choices for the states that desire that outcome but it is possible that this will not occur until 1 January 2010,” Mr Mickel said.

Local Government Minister Warren Pitt said that as part of local government reform, the Queensland Government had given an undertaking to employees to address the issue.

“We gave a commitment to do what was legally possible to return local government to the state jurisdiction - to provide certainty to administrators and employees.

”The Bill effectively ‘de-corporatises’ local government, which means that the federal industrial award or agreement that applied to them will have no effect,” Mr Pitt said.

Mr Mickel said returning workers to the state system before the local government reform changeover day of 15 March 2008, would allow state law to apply to the transfer of employees, the protection of their entitlements, and the transmission of their industrial award or agreement.

“Similarly, the transfer of bulk water businesses as part of the South East Queensland urban water supply reforms (timed for 14 March 2008) will be greatly facilitated if the relevant local government employees are in the state system before the transfers take place.”

The Bill brings all local government employees into the state industrial system except for employees of Brisbane City Council, which was not part of the reform process.

“These changes will not affect the pay rates and other entitlements of local government employees nor remove their coverage by an industrial award or agreement,” Mr Mickel said.

“To ensure this, amendments to the Industrial Relations Act are included in the Bill to convert the relevant federal industrial instruments to state industrial instruments of the same type (e.g. federal awards become state awards).

“In addition, the pay rates and other entitlements of local government employees are explicitly preserved so that there will be no change to the pay an employee receives as a result of the Bill.”

Mr Pitt said decorporatising local government would not affect its existing rights and liabilities, such as contractual obligations.

“Local government will retain its existing powers under section 36 of the Local Government Act to enter into contracts: acquire, hold, deal with and dispose of property; charge for services and facilities; and do all things necessary to enable them to exercise their jurisdiction as local governments,” he said.

Minister Mickel contact: Chris Brown (07) 3237 1944
Minister Pitt contact: Joe Begley (07) 3227 8851

February 13, 2008