Published Wednesday, 27 February, 2008 at 04:28 PM
Minister for Transport, Trade, Employment and Industrial Relations
The Honourable John Mickel
Opposition scare campaign targets council workers
Claims that new laws passed in Parliament this week rescuing local government workers from the toxic lingering affects of Work Choices threaten the state’s existence are a disgraceful scare campaign, Employment and Industrial Relations Minister John Mickel said today.
The new legislation changes the corporate status of local government, thereby freeing council workers from federal industrial laws, and bringing security and stability for councils and their workforces.
“Contrary to the comments of Mr Hobbs, the law continues local governments as legal entities, separate from the individual councilors,” Mr Mickel said. “What does change is that local governments are no longer bodies corporate - the legal entity of a local government will continue to exist and is ensured by new section 1294.
“New subsection 36(6) makes it clear that a local government can continue to exercise its general powers in its own name, with the general powers in section 36 very broad and including the power to enter into a contract. A local government’s capacity to employ staff remains unchanged.”
Mr Mickel said the legal entity of a local government continues.
“Section 1294(2) makes it clear that the local government’s assets, rights and liabilities are not affected by changes to the way a local government is constituted by section 34 and that there will be no need to transfer property or other assets,” he said.
Not only does the Bill make clear that local governments are separate legal entities, it also provides for specific protections for councillors. There is no liability for a councillor acting honestly.
Because Work Choices provisions relating to transmission of business were so badly drafted if local governments are not removed from its clutches, it could lead to liabilities for councils going through the amalgamation process of tens of millions of dollars.
The LGAQ said that councils could not afford to pay out these liabilities.
“Mr Hobbs is just a dinosaur, pure and simple, who unlike some members of the federal Opposition, can’t bring himself to respect the wishes of the electorate and kill off Work Choices once and for all.
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.”
Media contact: Chris Brown (07) 3237 1944 or Shannon Mackay 3237 1125
February 27, 2008
The new legislation changes the corporate status of local government, thereby freeing council workers from federal industrial laws, and bringing security and stability for councils and their workforces.
“Contrary to the comments of Mr Hobbs, the law continues local governments as legal entities, separate from the individual councilors,” Mr Mickel said. “What does change is that local governments are no longer bodies corporate - the legal entity of a local government will continue to exist and is ensured by new section 1294.
“New subsection 36(6) makes it clear that a local government can continue to exercise its general powers in its own name, with the general powers in section 36 very broad and including the power to enter into a contract. A local government’s capacity to employ staff remains unchanged.”
Mr Mickel said the legal entity of a local government continues.
“Section 1294(2) makes it clear that the local government’s assets, rights and liabilities are not affected by changes to the way a local government is constituted by section 34 and that there will be no need to transfer property or other assets,” he said.
Not only does the Bill make clear that local governments are separate legal entities, it also provides for specific protections for councillors. There is no liability for a councillor acting honestly.
Because Work Choices provisions relating to transmission of business were so badly drafted if local governments are not removed from its clutches, it could lead to liabilities for councils going through the amalgamation process of tens of millions of dollars.
The LGAQ said that councils could not afford to pay out these liabilities.
“Mr Hobbs is just a dinosaur, pure and simple, who unlike some members of the federal Opposition, can’t bring himself to respect the wishes of the electorate and kill off Work Choices once and for all.
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.”
Media contact: Chris Brown (07) 3237 1944 or Shannon Mackay 3237 1125
February 27, 2008