United magazine Summer 2019

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MAKING CONNECTIONS The USU proudly sponsored the U17s Koori Connections Rugby League Football Club at the annual 2019 NSW Aboriginal rugby league knockout. The team was formed this year (2019) from the North Coast with players stretching from Kempsey to Grafton region. KOORI CONNECTIONS TEAM The carnival is the biggest indigenous gathering in Australia held annually over the October long weekend, attracting over 150 teams including Men, Women and Youth divisions. USU official/s Damien Welsh from the Mid North Coast (home of the Koori Connections), Luke Hutchinson from Newcastle Branch and USU Newcastle Executive member Larry Freeman (Central Coast Council) were in attendance at the game on the Central Coast and for a jersey presentation with Koori Connections RLFC CEO Martin Ballangarry, Manager Nat Duroux, coach Ronnie Gordon and Coffs Harbour City Council USU member Al Duroux. The USU was certainly proud to be involved in such a significant community, sporting and cultural event. JERSEY PRESENTATION (left to right) Koori Connections RLFC Coach Ronnie Gordon and Trainer (Coffs Harbour City Council USU member) Al Duroux, USU Organiser Luke Hutchinson, USU Port Macquarie Organiser Damien Welsh, Koori Connections RLFC CEO Martin Ballangarry Support them at https://www.facebook.com/kooriconnectionsRLFC/ 34 • United Summer 2019
GREAT WIN FOR URALLA SHIRE COUNCIL MEMBER USU member Christine Clark was left with uncertainty about her leave entitlements because Council had applied the Multiple Employment Clause of the Award. Following a dispute lodged by the USU in the NSW IRC our member came out a winner! There has been an arbitrated decision regarding multiple employment before the New South Wales Industrial Commission. The Commission held that our member was not subject to Clause 29 Multiple Employment. 1. Our member commenced employment with Uralla Shire Council in 2008 as a permanent part time cleaner. 2. In the ensuing years our member was successful in upskilling and in 2017 was successful in being appointed on merit to another permanent part time position. 3. Upon acceptance of the second position in 2017 and being successful in said position our member was requested to work additional hours. 4. In 2018 our member enquired about leave entitlements for both positions and was advised by Council that she was employed under Clause 29 Multiple Employment of the Local Government (State) Award 2017 therefore her leave entitlements are separate and distinct. Council never clarified that this position was a multiple employment position until some 18 months after it was accepted by our member and it was never confirmed in writing by council. Conciliation in this matter was not successful despite our member being prepared to make significant concessions in an effort to resolve the matter. Even on the morning of the first day of hearing the parties where directed to confer to try and resolve the matter. Once again our member was prepared to be reasonable in this matter however Council steadfastly refused to accept any sensible approach that the Union put forward on our member’s behalf. WINNERS ARE GRINNERS! Uralla Council member Christine Clark and Grant Clark The decision was quite significant at point 55: 55. I find that Mrs Clark’s employment is not subject to Cl 29 of the Award. The very core of this dispute is that Council did not have an unfettered right to retrospectively apply Clause 29 of the Award. It was clear throughout the hearing of evidence that Council had not confirmed the status of employment, in particular that the position was that of multiple employment and that the position was not offered as such and therefore Mrs Clark could not make an informed choice to accept or reject the position. It is also significant to note that the use of the word “may” in Clause 29 was a significant point in the decision. At point 22 the Commissioner observed the following: 22. It was common ground that through the use of the word “may” the clause confers a discretion as to whether appointment to a second position would be regarded as “multiple employment” It was clear throughout the hearing of evidence that Council had not confirmed the status of employment, in particular that the position was that of multiple employment and that the position was not offered as such and therefore Mrs Clark could not make an informed choice to accept or reject the position. within the meaning of the clause. If that discretion is exercised, each position would stand apart for all purposes of the Award including for the accrual of leave entitlements. The evidence adduced from Council’s witnesses under cross examination was that Council did not exercise the discretion that the word “may” confers at the time of the employment was offered and there was no offer in writing as to the position being regarded for all purposes of the Award and nor was there any acceptance of the position being multiple employment. This should send a strong message to employers to ensure that if they intend to rely on certain discretionary clauses in the Award then they must commit to them prior to the employment being offered and commencing and not seek to rely on them afterwards retrospectively. United Summer 2019 • 35
Page 1 and 2: U nited Official journal of the Uni
Page 3 and 4: LOOKING TO THE FUTURE I don’t nee
Page 5 and 6: AWARD 2020: WE’RE READY USU Manag
Page 7 and 8: VALE, DAVID SMITH A titan of the Au
Page 9 and 10: STOPPING MASS JOB CUTS @ ESSENTIAL
Page 11 and 12: Strong sustainable super Superannua
Page 13 and 14: $17.5 Billion in lost or unclaimed
Page 15 and 16: CITY OF NEWCASTLE USU MEMBERS IN UN
Page 17 and 18: STOP WORK KIAMA COUNCIL MEMBERS DEF
Page 19 and 20: SACKBAITING The cowardly abuse and
Page 21 and 22: : CHANGING PERSPECTIVES 2019 AWARD
Page 23 and 24: While Garth moved onto new employme
Page 25 and 26: CELEBRATING STEVE BIRNEY’S LIFETI
Page 27 and 28: Conference is a great opportunity f
Page 29 and 30: DO YOU NEED EXPERT LEGAL ADVICE? Ca
Page 31 and 32: SPOTLIGHT ON OUR RIVERSIDE MANAGERS
Page 33: TWEED SHIRE USU PICNIC DAY Front ro
Page 37 and 38: 2019 NEW GEN AWARD WINNERS! Photo (
Page 39 and 40: BOWLED OVER @ LISMORE USU members a
Page 41 and 42: United Summer 2019 • 41
Page 43 and 44: GREAT PRIZES TO BE WON! Two winners

United magazine Summer 2019

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