Thursday, December 13, 2012

Unions lose challenge over job security - The Australian



UNIONS have lost a constitutional challenge against the Queensland government's decision to strip job security clauses from public servants' work agreements.



The Together Union and the Australian Workers' Union launched a legal challenge in the Supreme Court not long after the government made the changes.


In August, the government passed laws to strip job security and no-contracting-out clauses from public servants' work agreements.


The unions argued the changes breached the separation of powers in the state's constitution by overriding agreements certified by the Queensland Industrial Relations Commission (QIRC).


They also argued the changes undermined the integrity and the appearance of independence and impartiality of the QIRC, and thereby contravened the Australian constitution.


The Court of Appeal dismissed the challenge today.


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"There is no legislative or executive direction of the QIRC or the Industrial Court, nor is there anything in the subject legislation, which compromises the Industrial Courts or the QIRC's integrity and independence," the judgment said.


Brisbane Together Union secretary Alex Scott said the unions had been ordered to pay costs, which he expected to total $200,000.


He said the decision was disappointing, but Queenslanders would judge Campbell Newman's government for themselves.


"Clearly, the level of concern of communities across Queensland is very strong in relation to the cuts to hospitals, and the closure of TAFE campuses and how public servants have been treated," he told AAP.


Mr Scott said a Senate inquiry would look at the mass public sector sackings in Queensland, and the battle was not over yet.


He said he hoped the inquiry would recommend the passing legislation to protect workers' rights in Queensland, and public sector services.


"The long-term way to best protect our hospitals, our TAFE colleges, and our public sector services, is to ensure that we get a legislative response from Canberra to the dysfunctional government in Brisbane," he said.


"They've lurched from crisis to crisis and we need their response."


The Newman government this year axed 14,000 public servant positions and wound back funding for public services.


AAP



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