USU members would be aware it is now only a few weeks away from the three year anniversary of the Central Coast Council proclamation, resolved 12th May 2016. USU members have rightfully raised concerns over this date and any future outcomes.

The USU again reassures all USU members, in 2016 the USU lodged proceedings before the NSW IRC regarding Council’s previous interpretations of Section 354D of the Local Government Act 1993, which deals with the employment protections for employees following the 2016 amalgamation of Wyong and Gosford Councils.

Central Coast Council management were provided with a letter from the Office of Local Government clearly outlining Council’s obligations under Section 354D of the Act, directly as a result of these proceedings.

This document from 2017 clearly states,

Non senior staff – “must continue to be employed under the same terms and conditions unless they voluntarily consent to the alteration of their terms and conditions (this is not time limited)”

Your wages cannot be cut, nor can your entitlements be removed UNLESS you voluntarily accept a position where the terms and conditions are different to your current role, this is not time based.

Some key changes following the expiry of the 3 year employment protection period – 12 May 2019 include the following:

Local Government Act 1993

Changes to Note

Award Protections / USU Members Action

Section 354D

Preservation of Employment Conditions – post 12th May 2019

As outlined above, USU Members wages cannot be cut, nor can your entitlements be removed UNLESS you voluntarily accept a position where the terms and conditions are different to your current role, this is not time based.

Section 354F

3 year protections for “forced redundancy” will not apply / ceased from 12th May 2019

Any workplace changes need to comply with Clause 39 of the Local Government (State) Award 2017, the USU will vigorously represent and campaign on any reduction to employment numbers involving USU members at Central Coast Council. The USU has already continually gained reassurances from Council that no changes to current employee numbers will be foreseeably forthcoming post 12th May 2019.

Section 354G

Legislated Lateral Transfers not to apply from 12th May 2019

Lateral Transfers have resolved many transfers for members who undertook substantially the same duties prior to the merger. This process would cease, however please see below regarding future internal recruitment proposals

Section 354H

Legislated Internal Recruitment in the first instance not to apply from 12th May 2019

While it may not be legislated, the USU has held discussions with Council in regards to maintaining internal recruitment in the first instance for most roles, except in exceptional circumstances. These discussions are continuing.

Section 354I

Non legislated limitations of Transfer of alternative work locations not to apply from 12th May 2019

Strong protections and limitations already exist in Clause 15 (xi) e) of the Local Government (State) Award 2017. In addition, if you are requested to start and/or finish at a different location other than your normal work location throughout the Council LGA, it is your entitlement to claim travel and/or Car Allowances under the Award. Remember, you should be assigned only 1 work location.


Your Union has ensured Central Coast Council has complied with all of the provisions of Section 354 of the Local Government Act 1993 for the past three years. Therefore, USU members can be reassured you are protected as a USU member post 12th May 2019.

If you are speaking to workmates who are not yet USU members show them this flyer – perhaps they will see that there are benefits from being a Union member.
Being collective gets results!

USU Membership Actions:

USU 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’.

Not yet a current member of the USU? Want to ensure you are protected!

Action required:

How do I become a member of a united collective who will protect me? Simply contact your local USU Delegate or USU Organiser/s Luke Hutchinson on 0419 761 323 / to join today!