The USU has been made aware of proposals from Council bosses seeking changes to a number of staff locations within the Gosford and Wyong Administration Buildings.
Members should be assured there are significant protections and limitations regarding any staff relocation changes in accordance with Section 354I of the Local Government Act 1993 and Clause 15 (xi) e) of the Local Government (State) Award 2014, if YOUR boss is seeking you to change geographical locations.
In relation to the Section 354I of the Local Government Act 1993, an employee must provide written consent on any changed location which is outside their former Council boundary, unless the proposal does not suffer unreasonable hardship because of the distance required to travel to the proposed work base. Without this consent no unreasonable changes can occur for 3 years after the merger proclamation of Central Coast Council from 12th May 2016.
An example, would be if you are requested to move from Wyong Administration Building to Gosford Administration Building this cannot occur until at least 12th May 2019 with YOUR express consent, this cannot be forced by your boss.
Another protection in addition to the limitations provided in the Act is Clause 15 (xi) e) of the Local Government (State) Award 2014, which states:
An employee may be transferred to a different normal place of work at any time by agreement or by the giving of reasonable notice provided that the relocation is reasonable in the circumstances and does not unreasonably disadvantage the employee. In the event of a dispute Clause 35, Grievance and Dispute Procedures, shall apply.
Therefore any future changes even after 12th May 2019 must not unreasonably disadvantage any employee, in accordance with the Award.
USU Membership Actions:
1. If you are being asked to move geographical location (for example, from Wyong to Gosford), remember the limitations and protections as outline above and it requires YOUR consent to agree to the move, not your boss!
2. 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.
3. USU Members should remember your entitlements and protections under the Act and the Award, therefore if in doubt contact your local USU delegate immediately
4. If you are requested to start and/or finish at a different location other than your normal work location throughout the Council LGA – remember your entitlement to claim travel and/or Car allowances under the Award.
Not yet a current member of the USU? Concerned about your current location and want to ensure you are protected?
How do I become a member of a united collective who will protect me? Simply turn over this flyer or contact your local USU Delegate or USU Organiser/s Luke Hutchinson (South) on 0419 761 323 / firstname.lastname@example.org or Paul Sansom (North) 0409 076 633 email@example.com to join today!