Enterprise bargaining negotiations for council staff are likely to be delayed by a court action launched by the Local Government Association of Queensland (LGAQ).
The LGAQ has applied to the Supreme Court for a judicial review of a direction given by Industrial Relations Minister Grace Grace to the independent Queensland Industrial Relations Commission (QIRC) to restore various conditions and allowances that were removed from the Local Government Industry Award three years ago.
The dispute has its roots in the Commission’s “modernisation” of the award in 2013.
The QIRC axed several allowances, reduced sick leave for most Council staff, and put an end to additional leave for staff working in remote areas.
The Palaszczuk Government made an election commitment to restore the allowances and conditions if it was elected, and Ms Grace recently directed the Commission to restore them to the Award.
The Services Union has applauded the Minister’s move, saying the intention of award modernisation was not to cut back wages and conditions.
But the LGAQ has questioned its legality.
“The LGAQ believes that the increasingly emboldened actions by the Minister to undermine the independence of the QIRC cannot go unchallenged,” LGAQ CEO Greg Hallam said on Monday.
“It is disingenuous for a Minister to give such prescriptive directions to the Commission.
“The LGAQ respects and supports the right of Queensland’s Parliament to establish a framework for industrial relations which includes an independent Industrial Relations Commission to prescribe fair and reasonable minimum employment conditions for local government employees.
“However, we do not believe that a right to personally determine minimum employment conditions extends to an individual Minister.”
The LGAQ said it regretted that its court action might cause further delays to EBA negotiations between councils and staff.
But it thought the gravity of the Minister’s latest action left it with little choice except to put the matter to the Supreme Court.
On Tuesday South Burnett Regional Council CEO Gary Wall confirmed EBA negotiations with staff would need to be set aside until the matter is resolved.
EBA negotiations had been expected to start in September, but may now be delayed until next year.
