Published Wednesday, 27 February, 2008 at 07:18 AM
Minister for Transport, Trade, Employment and Industrial Relations
The Honourable John Mickel
Local government workers to get employment security
New legislation that passed through Parliament late yesterday changes the legal status of local government, thereby freeing council workers from federal industrial laws.
Employment and Industrial Relations Minister John Mickel said the legislation meant local government workers are now free of the lingering effects of Work Choices.
“The legislation also gives stability and flexibility to councils across the state – something that was needed because even in its death throes, the former Howard Government’s industrial laws threatened regional economic prosperity,” he 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.
‘We have done that in the interests of workers and good local government.”
Mr Mickel said that 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.
“The Commonwealth is to exclude state and local government employees from Work Choices but it is possible that this will not occur until 1 January 2010,” he 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 instruments.
“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 legislation 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.
The Brisbane City Council was asked if they wanted to be part of these changes to protect their employees, the Liberal Lord Mayor needs to explain to every worker employed by the council why he didn’t take the opportunity to protect their rights by removing them from Work Choices.
“These changes will not affect the pay rates and other entitlements of local government employees nor remove their coverage by an industrial instrument,” Mr Mickel said.
“To ensure this, amendments to the Industrial Relations Act have been included in the legislation 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 Mickel said changing the legal status of 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.”
Minister Mickel contact: Chris Brown (07) 3237 1944
Minister Pitt contact: Joe Begley (07) 3227 8851
February 27, 2008
Employment and Industrial Relations Minister John Mickel said the legislation meant local government workers are now free of the lingering effects of Work Choices.
“The legislation also gives stability and flexibility to councils across the state – something that was needed because even in its death throes, the former Howard Government’s industrial laws threatened regional economic prosperity,” he 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.
‘We have done that in the interests of workers and good local government.”
Mr Mickel said that 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.
“The Commonwealth is to exclude state and local government employees from Work Choices but it is possible that this will not occur until 1 January 2010,” he 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 instruments.
“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 legislation 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.
The Brisbane City Council was asked if they wanted to be part of these changes to protect their employees, the Liberal Lord Mayor needs to explain to every worker employed by the council why he didn’t take the opportunity to protect their rights by removing them from Work Choices.
“These changes will not affect the pay rates and other entitlements of local government employees nor remove their coverage by an industrial instrument,” Mr Mickel said.
“To ensure this, amendments to the Industrial Relations Act have been included in the legislation 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 Mickel said changing the legal status of 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.”
Minister Mickel contact: Chris Brown (07) 3237 1944
Minister Pitt contact: Joe Begley (07) 3227 8851
February 27, 2008