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AWU win for local gvt workersDate: 20 August 2008
An Australian Workers' Union win in the Federal Court in Brisbane today takes the WorkChoices yoke off the shoulders of local government workers, Bill Ludwig, AWU National President and Queensland Branch Secretary, said. The case brought by the AWU involved the Etheridge Shire Council of Queensland, in the Gulf Savannah region west of Cairns, and a WorkChoice style workplace agreement it sought to cover its workforce in 2006. A decision handed down today in Brisbane by the Hon. Justice Spender clearly states that Etheridge Council was not an "employer" under the Federal Workplace Relations Act because it is not a constitutional corporation. Importantly in the Hon. Justice Spender's opinion, he says it is "inconceivable" that the framers of the Constitution intended that the Commonwealth should have powers to regulate the activities, functions, relationships and the business of the Council, which is a body politic of State Government. " This decision clearly means the Federal Government can't make Federal workplace laws to cover local government workers," Bill Ludwig said. His Honour also expressed the view that if a local government was to be treated as a trading corporation, the Commonwealth would have powers over it that would "annihilate any concept in the Constitution of a Federal balance" and would permit the Commonwealth to "nullify" the right of the State to govern in its local government areas. " Our union always thought that the idea that local councils could be defined as corporations - and so rope in all local government workers under the yoke of the hated WorkChoice laws - was questionable," Bill Ludwig said. " The AWU was the only union in Queensland who refused to sign WorkChoice agreements because we didn't believe Federal Government could make laws covering local government workers - this decision completely vindicates our union's position. " Our legal advice is that this decision means no local council in Australia, except for possibly Victoria, can invoke WorkChoice style laws against their workforce ."
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© 1997-2002 LaborNET is a resource for the labour movement provided by the Labor Council of NSW 10th Floor, 377-383 Sussex Street, Sydney NSW 2000 Ph: (02) 9264 1691 Fax: (02) 9261 3505 http://www.labor.net.au/news/1219214669_13505.html Last Modified: Thursday, 21-Aug-2008 08:18:37 EST
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