The ASU strongly opposes outsourcing and is fighting to Keep Services Council. We have had some important success opposing outsourcing, but the fight continues.
As an example Nillumbik Shire’s management team recently put options to their Councillors for market testing (the precursor to outsourcing) of kerbside waste collection services.
This is a concern for the committed team at Nillumbik and for a community that relies on the services ASU members provide every day.
The action by Nillumbik Shire’s management provides an important opportunity to explore the rights of workers when an employer is proposing to transfer a service out of the Local Government sector.
Consultation, Transmission of Business and Redeployment.
All agreements have a consultation term. Employees are entitled to be notified of change, and express their views, the employer must consider and respond to the employee’s concerns.
The Fair Work Act 2009 (Cth) provides some protections for employees affected by a transmission of business. In addition, Agreement terms and conditions may set out additional terms to the Act, which deal with contingencies, like if employment is not offered by the new employer, or an employee rejects an offer.
Agreements with redundancy and redeployment terms will often provide additional consultation obligations on the employer to keep affected employees in the loop with the process of outsourcing. Providing impact statements, timeframes, the reasons the for any proposed terminations, and an explanation on what steps were taken to mitigate the adverse effects by the employer all serve to help employees formulate their response.
Unions are all about workers standing up for ourselves and our workmates.
Union members are entitled to representation throughout consultation, transmission of business and redeployment and redundancy, and ASU has many decades of experience in advocating and influencing the decision making to the benefit of employees affected by proposed changes like this.
A strong union will have the ability to influence decision making proceedings, monitor compliance with laws, and ensure the employer meets all their obligations to train up, redeploy and salary maintain employees who are impacted by outsourcing.
Employers fear the power of employees banding together. A strong union is mighty, and unbreakable, encourage your colleagues to Join.