The Local Government (State) Award contains very clear limitations regarding the use of Casual, Labour Hire, and Fixed Term Contract Employees, particularly when they are used for extended periods (in excess of 12 months) or when replacing or filling positions that were, or should be permanent.
These limitations are found in the 2017 NSW Local Government (State) Award in:
Clause 26 – Casual Employment
(i) A casual employee shall mean an employee engaged on a day to day basis
(viii) A casual employee shall not replace an employee of the employer on a permanent basis.
Clause 28 Labour Hire
An employee of a labour hire business shall not replace an employee of the employer on a permanent basis.
Clause 34 Term Contracts
This clause contains very clear wording on the limitations of employing fixed term contract employees.
The NSW Local Government Act also places clear obligations on Council regarding the employment of staff under 348 Advertising of Positions and 349 Merit Based Selection.
These issues have been the focus recently at a peak industry level. As a result, the industry Unions wrote to every NSW Council on February 15th, 2019 seeking information regarding Council’s Organisation Structure and information relating to the use of Casual, Labour Hire, and Fixed Term Contract employees over the past two years.
While some Councils have cooperated and have provided the requested information, many have not yet responded.
Please return to the USU ASAP via your local USU Organiser, or by email email@example.com or fax (02) 9261 2265 or contact the USU Hotline on 1800 842 127.
WE NEED YOUR HELP
If you are a Casual, Labour Hire, or Fixed Term Contract Employee and have been engaged on a regular and systematic basis for 12 months or more, or if you know of such employment occurring within your workplace, we ask for your assistance in identifying where this is happening.
You can either complete the relevant form (below) and return it to the USU by: fax on (02) 9261 2265, or email firstname.lastname@example.org or call our hotline on 1800 842 127.
We recognise there is a genuine need for the use of some Casual, Labour Hire and Fixed Term Contract employment in certain circumstances, but it should not be misused.
We want to convert as much of this insecure type of employment as possible to secure permanent, or permanent part-time employment, in accordance with the intent of the Award and the Local Government Act.