Competition to negotiate enterprise bargaining agreements for NT public servants

A LOCAL industrial relations consultant is taking on the unions offering his services to the Territory’s 20,000 public servants for enterprise bargaining negotiations.

Lucio Matarazzo is taking on the trade unions, offering his services to negotiate the next round of public service EBAs.

A LOCAL industrial relations consultant is taking on the unions, offering his services to the Territory’s 20,000 public servants for enterprise bargaining negotiations.

EBA discussions have been the traditional domain of the trade union movement but changes under the Rudd/Gillard Government in 2009 opened the door for private IR consultants to participate in the process.

The CPSU primarily represents public servants. Lucio Matarazzo, himself a former union organiser, said the next round of EBA discussions are expected to start in March next year.

“It is anticipated that the Northern Territory Government will commence enterprise bargaining negotiations with the majority of its public service employees in 2017,” he said.

“I acknowledge this is normally the domain of trade unions who offer their services to be enterprise bargaining representatives of employees but the Fair Work Act allows a wider coverage and in this case the Act endorses the principles of freedom of choice.

“There is a fee for the service but people should know they have choices when it comes to these discussions.”

The Fair Work Act says enterprise bargaining representatives can be an employer that will be covered by the agreement; whoever employees appoint as their bargaining representative, including themselves or other employees in their workplace; a trade union which has a member or members that would be covered by the agreement unless the member or members has specified in writing that he or she does not wish to be represented by the trade union; or a person or organisation specified as the bargaining representative of either an employer or employee.

Mr Matarazzo said the most talked about concern has been excessive overuse of continuing rolling fixed term employment contracts in the public service.

He said about 25 per cent of employees in the Northern Territory Public Service were on fixed term contracts of employment, whereas in the Commonwealth Public Service the ratio was only about 8 per cent.

Fixed terms can range from six weeks to two years.

Employees on rolling fixed term employment contracts in the Northern Territory Public Service do not have access to lodge an alleged unfair dismissal claim in the Fair Work Commission, if their fixed term contract of employment is not renewed.

“The Commonwealth public service act regulates in what specific circumstances non-executive management employees can be employed on fixed term contracts, whereas the NT Public Sector Employment and Management Act has no similar provisions,” he said.

“This could be the type of issue that forms part of any bargaining.”

Mr Matarazzo will start a marketing campaign next month targeted at the public service.

NT Business Review did contact the CPSU for comment but did not receive a response at the time of going to press.