Background: 
Following recent legislative changes in the Long Service Leave Act, a number of members who were converted from a labour-hire agency employee to a permanent Yarra employee at the depot asked the union office to investigate if the service provided under the labour-hire agency would count as continuous service with Yarra for the purposes of long service calculations.

The ASU sent communication out to members recently advising that we were investigating whether the Council had an insourcing contract with the labour-hire agencies.

We have been advised that Council has recently insourced employees who work out of the Yarra Depot, including those who worked for Hoban Recruitment, Brotherhood of St Laurence and Serco.

The ASU has been informed by Council that they do not have an insourcing contract with the labour-hire agencies, which unfortunately means the provisions of the Act will not apply.

Problems encountered:

Insourcing not included in the coverage
An unforeseen consequence of the requirement for the first-mentioned employer to enter into a contract with the second-mentioned employer is that insourcing is not covered by these provisions unless there is a contract between the employer and agency.

In unusual circumstances, a contract might exist, but it is not common. This means that members who are employed by Council, who have been insourced from a labour-hire company, will unfortunately not reap the benefits intended by the Act.

It is important to note that this outcome is through no fault of the union or Council, and is as a result of unintended consequences of the legislation itself.

If members have any queries please contact:
ASU Organiser Hayley Davies | 0428 161 681 | hdavies@asuvictas.com.au

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