Industrial Relations Minister Grace Grace
August 23, 2016

Queensland Ministers now have the ability to direct the independent Queensland Industrial Relations Commission (IRC) to change awards if they don’t like them.

The right of Ministers to dictate terms to the IRC has come about after the Queensland Supreme Court ruled against the Local Government Association Of Queensland (LGAQ).

Last month the LGAQ appealed against a direction given to the IRC by Industrial Relations Minister Grace Grace to restore various conditions and allowances that had been removed from the Local Government Industry Award three years ago.

The LGAQ said it supported the right of the Queensland Parliament to establish a framework for industrial relations which included an independent Industrial Relations Commission to prescribe fair and reasonable minimum employment conditions for local government employees.

But it did not believe a right to personally determine minimum employment conditions extended to an individual Minister.

On Friday, the Supreme Court found for the Government and awarded it costs.

Ms Grace said the decision brought an end to a period of uncertainty for 30,000 local government workers.

“Conditions including sick leave, overtime and locality allowances were stripped away under the LNP, leaving thousands of council workers worse off,” Ms Grace said.

“We went to the State Election promising to restore these conditions, and today’s Supreme Court decision has vindicated our actions, as well as confirming that I acted within my powers.”

On Tuesday, South Burnett CEO Gary Wall said he felt the decision was a concern because it had introduced an element of uncertainty into the industrial relations process.

“I think this decision is a bit of a two-edged sword, because if one side (of politics) can do this, then so can the other,” Mr Wall said.

“What we need in local government is certainty so we can work on sustainability going forward.

“We are ready to begin negotiations on a new EBA, and this will delay things.”

Mr Wall said the IRC’s original changes had come about as part of a process to modernise the awards that cover local government, with the aim of merging up to half a dozen different awards into one.

The court’s decision now means a new award due to be handed down at the end of August will be delayed by several months.

Mr Wall said the SBRC did not anticipate the restoration of conditions and allowances would have any major impact on the Council’s Budget.

A number of the allowances and conditions that had been removed three years ago did not apply to South Burnett Regional Council staff.


 

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