Review of the LG Act. John Davies, OLG Adam Dansie and Jill Gallagher, LGNSW

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1 John Davies, OLG Adam Dansie and Jill Gallagher, LGNSW

2 depa suggestions: Limit the availability of senior staff contracts to the position of general manager only. Repeal section 340 This section excludes senior staff from applying for a remedy under the arbitral provisions of the IR Act, e.g. unfair dismissal & industrial disputes (Note: senior staff can apply for a remedy under the judicial provisions of the IR Act). Review s344(a), concerning EEO the listed grounds of unlawful discrimination do not include all grounds unlawful discrimination under the Anti-Discrimination Act. Review s351, concerning temporary appointments depa proposes that where a council allows a person to remain temporarily appointed for more than 12 months they should be automatically permanently appointed to the position. Review s352, concerning the independence of staff for certain purposes depa proposes a new s352(3) prohibiting the direction of any employee, by any employee, as to the content of any advice or recommendation (Note: the Act currently provides that a member of staff is not subject to direction by the council or by any councillor as to the content of any advice or recommendation).

3 depa suggestions: Review s353, concerning other work. depa proposes that the section be clarified so that employees are not obliged to declare any work which does not relate to or conflict with the business of the Council or the employee s duties. Review s445, concerning the disclosures that must be made by designated persons. Depa proposes that the section require proper record-keeping by the council of parties seeking access to the pecuniary interest register. Repeal s354a, which requires Ministerial approval for termination payments to senior staff that exceed 12 months pay. Prohibit councils from dealing with staff matters in open council. Prohibit comments of an adverse nature against staff by councillors in public and at council meetings.

4 LGEA suggestion: Amend s333 to remove the requirement for councils to re-determine their organisation structures within 12 months after any ordinary election of the council.

5 LGNSW Submission: 218CA Maintenance of staff numbers in rural centres (2) The transferee council must ensure that the number of regular staff of the council employed at the rural centre is, as far as is reasonably practicable, maintained for up to 3 years after the transfer day at not less than the same level of regular staff as were employed by the previous council at the centre immediately before the amalgamation or alteration of boundaries took effect.

6 LGNSW Submission: 354D Preservation of entitlements of staff members (1) If a staff transfer occurs, the employment of: (a) a transferred staff member, and (b) in the case of a boundary alteration: (i) a remaining staff member of the transferor council, and (ii) an existing staff member of the transferee council, other than a senior staff member, continues on the same terms and conditions that applied to the staff member immediately before the transfer day, subject to section 354E, and cannot be altered without the staff member s agreement for 3 years after the transfer day.

7 LGNSW Submission: Amend subsection (2) of section 338 of the Act to provide as follows: The term of a contract must not be more than 5 years (including any option for renewal). A term that is more than 5 years is taken to be limited to 5 years.

8 LGNSW Submission: In LGNSW s view, the Act can better reflect contemporary and emerging workplace flexibilities, and administrative difficulties can be overcome by amending section 350 (concerning appointments to which sections 348 and 349 do not apply) and omitting section 351 from the Act altogether. 350 Appointments to which secs 348 and 349 do not apply And delete s351 Sections 348 and 349 do not apply to: (a) an appointment by way of demotion, or (b) an appointment by way of lateral transfer, unless the council decides that those sections are to apply to the appointment, or (c) the re-appointment of senior staff, or (d) the temporary appointment of an employee if the term of employment (including any renewals) is for less than 2 years.

9 Other ideas (no formal position adopted) 348 Advertising of staff positions (1) When it is proposed to make an appointment to a position within the organisation structure of the council, the position must be advertised in a manner sufficient to enable suitably qualified persons to apply for the position. (2) If the position is a senior staff position, the requirement of this section is satisfied if the position is advertised on at least two job advertisement websites for a period of at least two weeks.

10 Some discussion starters Section , concerning Equal Employment Opportunity (EEO) Are the EEO provisions of the Act needed? (s345 requires councils to prepare and implement an EEO management plan) Should s345 of the Act be integrated with s403 which requires councils to have a long term resourcing strategy that includes a workforce management plan?

11 Some discussion starters s332 concerning senior staff, s340 concerning industrial arbitration excluded, and termination payments under the OLG s standard contracts of employment Do you support or oppose the following: Limiting the availability of fixed-term senior staff contracts to the position of general manager only. That is, all staff (other than the general manager) to be covered by an award? The general manager to be excluded from all remedies under the IR Act, including remedies arising under the judicial and arbitral provisions of the IR Act (Note: remedies may still be available in other jurisdictions)? Increasing the termination payments to general managers whose employment is terminated without reason to 52 weeks pay (from 38 weeks) or the balance of their contract, whichever is the lesser?

12 Questions / comments?