The Gazette - Conflicting Duties Bill Receives Royal Assent

Updated 22/04/2016

Electorate Officer legislation rushed to Queen s representative.

CPSU took the Department of Parliamentary Services to Fair Work Australia last Thursday over the lack of consultation and the timeframes for termination arising from the government s Local Government Amendment (Conflicting Duties) legislation.
 

As a result of the conference before DP Hamilton, CPSU has negotiated a superior package to that initially on offer in time to provide crucial information for those employees who are affected and only have seven (7) days now to reach a decision.

The Deputy President in private conference sympathised about the jurisdictional and constitutional issues and proceeded to mediate between the parties.

The following arrangements apply to those persons who elect to resign their position as an Electorate Officer as a result of the Local Government Amendment (Conflicting Duties) Act 2009 which has now received Royal Assent and comes onto force on 15/09/09.

Links to the offer and agreement follow.

1. The ex gratia payment is going to be treated as an eligible termination payment and as a result will be taxed accordingly:

  • Less than one year - four weeks
  • One to two years - six weeks
  • Two to three years - eight weeks
  • Three to four years - ten weeks
  • Five to six years - twelve weeks
  • Six to seven years - thirteen weeks
  • Seven years or more - fourteen weeks plus an additional two weeks for every completed year of service in excess of seven years up to a maximum of forty eight weeks.

2. In addition CPSU was able to obtain a notice period to be paid out in lieu of notice. The period will be two weeks notice for up to three years service. For service between three to five years at least three weeks notice. More than five years service will receive at least four weeks notice. In the case of an employees over the age of 45 who has two years or more continuous service then the notice period is extended by one week.

3. A career transition payment of up to $750

Click here to view Assistance Package Agreement;

http://www.cpsuvic.org/public_docs/EO_GAZETTE_0809_Agreement.pdf

Thank you to all those members for your support during this difficult process particularly when MP's privately expressed their sympathy and support but publicly supported legislation that prohibits state employees from representing their local communities.

The LC Committee debate last Thursday was most instructive with MP's from all parties stating sympathetically the need to support their staff but failing to ensure any supplementation and then voting the Bill into law.

CPSU maintains its position about the legislation – a sledgehammer to crack a nut - as we continue to explore with the various local government peak representative bodies the legal avenues available.

Members have been put into a difficult personal situation and the industrial processes were never going to turn back the tide of a zealous government and a duplicitous opposition.

Thanks again to all involved.

Please distribute this bulletin to your colleagues.

Our 7 day a week, 24 hours a day, 365 days a year industrial protection ensures you have the principal public sector organisation looking after your working rights, winning wage increases, protecting your conditions, and providing personal industrial assistance when you need it.


CPSU MEMBERSHIP IS PROTECTION FOR YOUR MOST IMPORTANT ASSET.

YOUR JOB.


Speak to a colleague today about the benefits of CPSU membership and have them contribute to our successes rather than just enjoying the benefits.


TOGETHER WE DO BETTER!

http://www.cpsuvic.org/public_docs/Work-Can-Change-membership-flyer.pdf
http://www.cpsuvic.org/public_docs/memform.pdf


KAREN BATT
CPSU Victorian Branch Secretary


8 September 2009
 

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