But some good news too - use this template if your Council wants to give you five years protection against forced redundancy

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Published: Wednesday, 25 November 2015 15:52

There has been a developing level of support in the industry for providing more than the three years protection against forced redundancy provided in section 354F of the Local Government Act in the case of amalgamation, boundary change, transfer to another local government area etc.

While some councils have signed Memoranda of Understanding with the unions there are questions of enforcing rights under such an arrangement. While it provides a clear indication of what the understanding was at a particular moment in time, it’s hard to find a tribunal to enforce it.

Enterprise Agreements can run only for three years, so that’s not a useful avenue but there is a better way.

It is possible for councils to agree to change your conditions of employment and provide five years of protection. They do this by offering you this as a change your employment contract/conditions of employment with individual letters to each employee. You agree to the change and the deal is done. You know how contracts work - offer, acceptance, contract made.

So, our barrister prepared a suitable template which is being used at a number of councils at the moment and has even been promoted subsequently by the USU - albeit with a minor change. The three unions are now suggesting that this is the preferred approach to provide improved protection because it is capable of being taken to a tribunal and enforced.

Here is a link to the document and you can start hassling your Council now.

Good luck to you all in December.