United magazine Summer 2016

Jobs protected at am
As we approach the end of 2016 we await a decision on a significant number of Councils initially
named by the Baird Government for amalgamation, which were set aside. USU Manager North
Stephen Hughes looks at the amalgamation process and the protection available for USU members.
Court action by many of those
Councils has initially delayed
the process however almost all of
the cases have now been heard, with
most cases lodged by the Councils
lost.
The court challenges seem to
have only delayed the proposed
amalgamations temporarily, but are
not likely to have stopped it.
The USU was always of the view
that the Government could legally
carry out forced amalgamations
under existing legislation, provided
it complied with the processes
needed to carry it out first.
Amalgamations in NSW do not
require the backing of a majority
of both houses of parliament and
regardless of what the community
feels, the Government has the
power under current legislation
to proclaim new merged Councils
after going through some form of
community consultation which is
what happened earlier this year.
Your voice
The decision by the USU to
participate on the Ministerial
Advisory Group meetings and the
Employment Matters Working Party,
has ensured that we have access to
information and input at a peak
level in seeking to protect the best
interests of our many thousands
of members in the current
amalgamated Councils, as well as
those awaiting a final decision.
With regular meetings of the
Office of Local Government,
Department of Premier and Cabinet,
and LGNSW, we have been able to
head off many potential problems
and quickly address most others
whenever they occurred with a
couple of exceptions caused by
recalcitrant Councils, whom we
have, and will continue to refer
to the NSW Industrial Relations
Commission.
It is vital that
members BE
CAREFUL ABOUT
WHAT THEY SIGN or
agree to as merged
councils adopt
new organisational
structures.
We have recently written to
every USU member working at
merged Councils advising them to
be careful about what they sign or
agree to regarding their position and
conditions and entitlements at their
Council.
We have also warned nonmembers
of the risks that they will
face alone, should they not join
before they encounter any problems.
Merged Councils have, or are
in the process of adopting new
organisational structures, and where
necessary, position descriptions.
We believe that the vast majority
of staff should be unaffected in this
initial process and should merely
be transferred directly to a position
in the new Council that is the
same, or almost the same, when it
comes to duties under the position
description.
Employment Protections
Section 354 D of the employment
protections provides that, for other
than a Senior Staff member, (as
defined by the Act, being in general,
General Managers and Directors
etc.) upon transfer, the employee
continues on the same terms and
conditions that applied to the staff
member immediately before the
transfer day.
In the vast majority of cases,
the only thing likely to change on
transfer is the reporting line (who
staff report to). All other conditions
should remain unchanged.
However members should be
vigilant in regard to anything put
to them requiring their agreement,
or signature, to ensure they are not
agreeing to anything that can alter
their existing conditions to their
detriment.
What if my job disappears?
For a small minority of workers at
merged Councils, their position may
no longer exist in the structure.
An example would be a Personal
Assistant to a General Manager
or Director whose position was
removed from the structure of the
new Council.
In those cases the Council should
discuss with the affected employee/s
and their Union (if a member)
alternatives such as redeployment
to an agreed suitable position, or
8 • United Summer 2016