Councils directed to produce information about casual, labour hire and fixed term contract employees

Arising from proceedings before the Industrial Relations Commission of New South Wales (the Commission) concerning the re-negotiation of the Local Government (State) Award 2017 (Award) the Commission has issued a Statement and Direction requiring all employers covered by the Award to produce to the Commission by no later than 4pm on Monday 30 March 2020 specific information relating to casual, labour hire and fixed term contract employees.

The operative provisions of the Statement and Direction are as follows:

1. All employers covered by the Local Government (State) Award 2017 (“Award”) shall produce to the Industrial Relations Commission of New South Wales copies of the documents or things referred to in 2 below by sending the said documents by post to the following address by no later than 4pm on 30 March 2020:    

Industrial Registrar – re Case No: 2019/258837 – LG (State) Award
Industrial Relations Commission of New South Wales 
PO Box 927
Parramatta NSW 2124

2. The documents or things that must be produced are a statement disclosing:

1. the total number of persons who performed paid work for the employer on 25 February 2020, including employees directly employed by the employer and employees of labour hire businesses; and
2. the number of casual employees employed by the employer who performed paid work for the employer on 25 February 2020;
3. the number of employees employed on a term contract who performed paid work for the employer on 25 February 2020; and
4. the number of employees of labour hire businesses engaged by the employer who performed paid work for the employers on 25 February 2020;
5. for each person performing paid work for the employer as a casual employee, on a term contract, or as an employee of a labour hire business on 25 February 2020;
   1. the type of work or position that the person occupied (the “position”) on 25 February 2020;
   2. the number of days, weeks or years that the person has performed work in the position on an ongoing basis without significant adjustment; and
   3. if the person has performed the work in the position on an ongoing basis without significant adjustment for more than 6 months, the reason the position is filled by a casual employee, an employee on a term contract or an employee of a labour hire business.

3. Local Government NSW shall take all reasonable steps to communicate Directions 1 and 2 above to all employers covered by the Award (whether LGNSW members or not) by no later than 5pm on 28 February 2020.

4. The parties to the dispute are granted access to inspect and photocopy the documents or things referred to in 2 above at the Commission’s premises at 10 Smith Street, Parramatta.

While failure to comply with the above is not a penalty offence, non-compliance may be taken into account by the Commission in exercising its functions under the Industrial Relations Act 1996 (NSW). LGNSW strongly encourages all employers covered by the Award to comply with the Commission’s Direction.

For further information, contact LGNSW Workplace Relations on (02) 9242 4142 and ask to speak to an industrial officer.

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