Local Government Amendment (Employment Arrangements) Bill 2024

By Maryanne Stuart

15 May 2024

I speak in support of the Local Government Amendment (Employment Arrangements) Bill 2024. The Government is committed to ensuring that all employees in New South Wales receive fair reward for their contributions to the growth of our State. It is no different for local government employees who provide essential services at the community level. The bill amends the Local Government Act 1993 to ensure secure, ongoing employment for senior staff in local government. In June last year the New South Wales Government established an industrial relations taskforce to examine options for a modern New South Wales industrial relations framework that would deliver a new and more cooperative approach to bargaining.

One of the aims of the review was to ensure that the award and agreement-making processes in the Industrial Relations Act continue to apply to the local government sector. The Industrial Relations Taskforce recommended that senior staff below the level of general manager be given access to the rights and obligations under the Industrial Relations Act. Many employees within local government are currently excluded from the jurisdiction of the Industrial Relations Commission [IRC]. Most senior staff are employed on contracts and do not have the benefit of security of employment or access to an independent arbiter to assist with disputes in the workplace, such as the unfair termination of employment.

The Government is now in a position to ensure fair and reasonable conditions of employment for local government employees. The bill amends the Local Government Act 1993 to restore confidence in local government employment. It guarantees ongoing, secure employment for all senior staff other than the general manager through the Local Government (State) Award or an enterprise agreement instead of short-term contracts. Senior staff will transfer to the award while retaining their current roles and responsibilities. The award sets the minimum pay and conditions of employment available to senior staff. Of course, local governments are able to offer more advantageous terms of employment.

It is understandable that some employers and employees may not wish or may not be prepared to transfer to the award immediately. Therefore, the bill provides a three-month transitional period for senior staff currently employed under a standard contract to transfer to the award. Senior staff, other than the general manager, also have the option to remain on their contract until it expires. Regardless of their decision, all senior staff will have immediate access to the jurisdiction of the Industrial Relations Commission. Should a transferring employee require the assistance of the commission, the bill ensures they will be able to seek redress in the IRC for an industrial matter, as defined in section 6 of the Industrial Relations Act 1996. Those mechanisms were carefully considered by the Government to ensure a fair and reasonable transition of senior staff from employment contracts to the award or an agreement.

It should be noted that all parties to the award have collectively advocated for these changes to the Local Government Act 1993. The employer and employee representatives share the view that the amendments proposed in the bill provide the appropriate remedy for unfair employment practices and are in the best interest of fair and transparent employment in local government. I commend the bill to the House and congratulate the Ministers and their staff on their hard work to provide secure working arrangements for all local government workers.