The ASU understands 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.
On behalf of ASU members at Yarra City Council, the ASU has investigated the changes to the Victorian Long Service Leave Act and specifically at the amendments to the LSL provisions around continuous employment.
Insourcing not included in 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 not reap the benefits intended by the Act.
The ASU have requested Yarra advise us in writing if they do have an insourcing contract with the labour hire agencies, and if they do then the legislation will apply. If there is not a contract, then the provisions of the Act will unfortunately not apply.
As this matter is a complex and complicated one, we may need to come back to members to provide us with more information. Once further information becomes available the ASU will notify members.
If members have any queries please contact:
ASU Organiser Hayley Davies | 0428 161 681 | firstname.lastname@example.org