"Roll out those lazy, hazy, crazy days of summer; You'll wish that summer could always be here"

Details

Published: Monday, 21 January 2019 14:11

Kaldas review released in December

Details

Published: Monday, 21 January 2019 14:11

We were a bit distracted in December with our wage theft issue, amongst other things, and haven’t yet reported on the release of the Kaldas Review just prior to Xmas.

Here is a link, if you haven’t seen it.

The NSW Government announced immediately that they had adopted the 19 recommendations (on page 7 of the report) but for our purposes, the critical issues are these:

• IHAPs will be extended to “other regional centres” but this only means Central Coast and Newcastle Councils
• Encourages transparent, clear decision-making processes (!)
• Recommends that the Department of Planning “establish an Independent Ethics Unit”
• Greater transparency within IHAPS, including probity checks of members of Planning Panels
• Recommends monitoring “the development of the South Australian scheme in relation to accreditation of Planners and review in 12 months’ time the desirability of progressing a similar scheme in New South Wales”. Uh oh, looks like a study tour to me, and
• dogs it on the issue of certifiers, saying “given there has been significant recent legislative amendments and ongoing work to examine the role of certifiers, I do not propose to make a recommendation in relation to this issue.”

Opal Tower fiasco raises opportunity to review everything

Details

Published: Monday, 21 January 2019 14:11

There are so many things potentially wrong with this fiasco to go into here in our lazy, hazy, crazy January issue but it does remind you of how more sophisticated and classy it sounds to call it a block of apartments than what it used to be called in the past, a block of “flats”.

Better to leave it to experts and there are few more expert than these two. First, the former local government reporter of the Sydney Morning Herald Harvey Grennan, who made a welcome return to the SMH on 28 December. We loved Harvey and we are delighted he took a break from the frustration of dealing with Central Coast to provide a clear and erudite analysis headed “Sydney’s dodgy buildings due to 17 years of inaction.” We love your work, Harvey.

And second, SMH journalist and ex-Sydney City councillor Elizabeth Farrelly in the SMH 5-6 January, under the heading “Opal: a planning failure not just a transport card”. Always a highlight of the weekend, and the guarantee of learning a new word or two, a fabulous probing and critical mind and a beautiful writer. Anyone who described private certification introduced by Craig Knowles and the NSW Labor Government 20 years ago as “a small measure of stupendous idiocy” bringing  the “inherent and unavoidable conflict between public duty and private money”, sounds like one of us.

Watching all of those involved in building, construction and development running for cover as this gets investigated, and calling them out, will provide us with a very entertaining 2019.

And just for good measure, and also to do the right thing by Gordo/LGEA/APESMA for their current campaign, Elizabeth last weekend dealt beautifully with the related issue of “Welcome to the Faulty Towers state, where any mug’s an engineer”.

How's HR been this year?

Details

Published: Wednesday, 19 December 2018 10:34

This is a time of goodwill and, while it’s very easy to make jokes about HR (we’d know, we’ve done it ourselves for years) there have been some real positives in the industry in 2018.

Not the least of which is a couple of councils picking up on the health and wellbeing provisions in the Award and doing something seriously about it. This was one of our claims that went into the 2014 Award and allows for employees to claim two days from their sick leave each year for health and wellbeing activities. Unfortunately, traditional HR practitioners and local government management is reluctant to set up arrangements that require independent judgement and discretion. Far better to have a rigid list of options so the decision-making isn’t very difficult. Can’t blame me.

So the early responses to having a proactive approach to health and wellbeing were to focus solely on preventative health measures, normally provided by doctors and health professionals. It’s okay to have your skin check, but if you need a day off to clear you heard - go for a bushwalk, do a meditation course or read a book - that provided too many challenges.

Last year The Hills embraced the concept of removing restrictions on the sort of things that employees could apply to do in their two days. But The Hills example was too confronting for most councils with rigid approaches to things that you can often use sick leave for anyway.

This year we failed to convince those believing themselves to be progressive and game-changes at Lake Macquarie to introduce broad access to health and well-being activities in their Enterprise Agreement. The Council does have an arrangement that frees up the taking of sick leave but were reluctant to embrace this specific targeted health and well-being initiative. Disappointing to say the least.

Not so Newcastle City which, predominantly because of initial pressure from the three unions in the negotiations and a developing appetite in management to do something demonstrating their preparedness to trust the workforce, the EA, made at the end of this year, provides the option to be fleshed out with some guidelines later.

But, if there was ever going to be a Council where a GM would have an appetite for embracing and demonstrating trust in the workforce, it would be Liverpool City. CEO Kiersten Fishburn was always going to be open-minded and when proposals were developed by her HR team and Director of Corporate Services, she grabbed it with two hands.

Liverpool City ends the year with what is clearly best practice in the industry – a twelve month trial to “enable employees to undertake health and well-being activities that lead to positive health outcomes.” There is no prescriptive list as long as the days “fit generally within the concepts of health, fitness, exercise, improved health benefits, as well is preserving mental health in times of stress.”

A bold and courageous move we hope to see flow through other councils in 2019.

We’ve had a few issues with consultative committees, and arguments about their composition but while HR issues are a weekly phenomenon in enquiries to our office, things haven’t been too bad this year. While the private sector has been sprung ripping people off vigourously in hospitality and franchises, to the extent that the union movement is pursuing the criminalising of wage theft, we didn’t think we’d ever see anything quite like that. Wage theft, let’s not beat around the bush.

There are some usual suspects in the list of nominations and a couple of stellar performers who, with hindsight, should have been dealt with earlier. Here are the nominations:

Campbelltown City

How could Campbelltown not get a mention in 2018 when the year began with substantial display ads in the Sydney Morning Herald and employment websites for an entire “HR Team”? The chronic mismanagement and neglect of staff over recent years had led to departures from people in HR unhappy about the way GM Lindy Deitz thought the business should be run.

At last some proper recruitment in the planning area (we starting agitating for this more than two years ago) saw more than a dozen new appointments and, as we publish this, only two vacancies left to fill, the exit of people unhappy from HR makes life harder for everyone else.

And, we witnessed one of our member’s brutal and unwarranted treatment in a minor restructure. Here was a person doing substantially the work of a newly created position, everyone in the organisation from her Manager, Director, HR people, Director Corp Services and Acting GM, all endorsed her direct appointment to the job - until the GM returned to work and decided there should be an external advertisement. In terms of overriding a chain of recommendations already signed off, this has to be some kind of record – five people!

In the end, our member was appointed, offended by the process, unnecessarily worried and concerned about her job, and rightly so, in an example that just continues the litany of bad HR decision-making and ignoring the rights of employees who are long-serving and deserving of better.

Richmond Valley

Richmond Valley has flown under the radar for a long time. Former GM John Walker had set up a “scholarship” program for local young people to bring them in, try to indenture them, put them through university and have them work for the Council at the same time.

All well and good, but one young trainee planner was concerned about the rates of pay and how they didn’t appear to coincide with the T scale in the Award. So she asked to meet with the Manager People and Culture (!) for an explanation. And, for good reason, took our delegate with her to help.

Now you would think, wouldn’t you, that in a Council that talks up its commitment to gender equality and empowering women, that the Manager People and Culture’s immediate response would be helpful and empowering. And when you think about it, a trainee, with no tenure beyond the traineeship, has to be about the most vulnerable person in the place.

“If you took this to court, you would lose”, said three times during the course of what wasn’t a very helpful meeting, revealed a lot about People and Culture but more about the way the Council itself wanted to deal with the issues raised. Considering that neither the GM Vaughan MacDonald, nor the Manager People and Culture (!) were responsible for these arrangements, it should have been an easy matter to resolve. But it wasn’t.

So, as a member of ours, we pursued it and found that there had been substantial underpayments made over the entire course of the “scholarship” (which was nothing more than another name for a traineeship, under the terms of the Award) but where the Council built their scholarship program by intentionally underpaying Award entitlements – by a massive $241.70 a week in the first year.

On the face of it, getting kids from school to sign a contract that’s built upon rates of pay below those provided in the Award is taking advantage of those least able to contest it - the enthusiastic but vulnerable, keen to get a job. GM Vaughan MacDonald defended the “scholarship” arrangement because it gave kids opportunities they would not ordinarily have and that it would be our fault, pursuing this, to remove that opportunity. Funnily enough, that’s how all of those bosses guilty of wage theft in hospitality and franchising describe it as well.

There are always more opportunities if you underpay people because your money goes further. But isn’t it funny, they don’t think about ripping off their Manager People and Culture, or their other staff by trying to pay them under the Award.

In the end, we can only talk about our own member, but her underpayment, which we remedied, cost the Council around $30,000. We understand they have made adjustments to all those other traineeships as well.  No wonder they were distressed and no wonder when a begrudging general manager accepted that they were trainees under the Award, and would need to be paid based on the T scale, and adjusted every year consistent with that scale, he then thought that she could pay half her university fees.

No, Vaughan, that’s another breach of the Award. And we made sure that didn’t happen either.

Shoalhaven

Shoalhaven was one of a number of councils where the unions struggled to reduce the number of so-called “workplace” representatives on consultative committees but where we were able to reach some agreement after a difficult period of unpleasantness. Not with the GM, mind you, who has been a beacon of wisdom and tolerance since winning the Golden Turd in 2014 and 2015.

But then, someone in HR (who should know better) had a quiet word to our delegate and member of the consultative committee to tell him that providing emails from HR in the argument about the composition of the consultative committee to his union for advice may have breached the Code of Conduct because this was “Council information” and should not have been sent outside the Council!

In all the years of ludicrous and bad HR judgement, this was a first. How can a member of the consultative committee take advice from the union if they can’t supply the documents?

In the end, that advice was acknowledged as being wrong. Still, it shouldn’t have happened.

Sydney City

The City, as they like to be known, always gets a run. Their attitude to HR and employment, through a very old-fashioned Award, with the flexibilities and improvements that we have been able to introduce by agreement in the State Award ignored, with the rejection of introducing any flexibility for things like health and wellbeing access to sick leave because they failed to manage sick leave anyway, and simply didn’t trust their employees to have access to it in any other form, means they will always get a nomination.

But for one of our members, who found that their boasts about caring for the wellbeing of employees were not honoured when she presented authoritative medical evidence that her health required shorter days, and required them immediately. This request was ignored for three weeks, making that, and whomever was responsible for that decision, a clear record holder in the industry.

Medical evidence is medical evidence, if you don’t like it, you have the employee examined yourself. If the Council wants to do this, they should still comply with the medical evidence until they are in a position to inform themselves.

We fixed it. But it shouldn’t have happened.

Tweed

Tweed was our winner last year. It was the most hazardous workplace for our members in NSW and of our two members with workers compensation claims accepted, one has now left the organisation but is still receiving treatment by the insurer and the other has returned to work, albeit in a different office to the problem manager and after a great deal of suffering.

But at last, another union got involved after a member of theirs was reduced to tears by the same problem manager and his lack of empathy and incapacity to tell if people are upset.

It was enough for us that we have members reporting that the problem manager spend more time in his office, and there was not a risk of bumping into him in the tea room, so things could have been worse. But GM Troy Green, while finding it relatively easy to ignore us, hasn’t been able to find it quite that easy ignoring the USU. Ask not for whom the bell tolls at Tweed these days...  

Willoughby

GM Debra Just was appointed in 2015. A difficult time admittedly, as Willoughby looked at the prospect of merger with Mosman and North Sydney, but a staff turnover of 22% in 2015/16 is a serious effort. We’ve never seen worse. In recent years it settled in around 17% which, in itself, will be hard to be beaten by other councils.

In 2015 the first restructure provided opportunities for three of our members, having seen the writing on the wall and understanding that it read “get out of here if you can”, took redundancies. This approach, of restructuring under the guise of being more productive and efficient and providing better services, really just meant ending up with fewer people at the end of the process.

Again in 2018 the Council proposed to rationalise EHO’s into one area. We had a member who was an EHO who, when the Council provided the notice required under clause 39 of the Award, they provided us with documents about the current structure which were wrong. We think it’s probably because HR is as understaffed as everywhere else, but we knew that the current structure had a position of senior EHO and an EHO but the Council, doing something they do as a corporate philosophy and strategy, had our EHO member acting in the senior job, but really being required to do both.

The Council was apologetic about the inaccuracy (we accept it was a mistake but there remain suspicions in the workplace that it wasn’t) but it revealed a lot about a Council that should have been brought to our attention earlier.

Willoughby Council has more vacancies unfilled than any other Council we’ve dealt with this year. And, as we’ve seen from this example above, the Senior EHO position was vacant for four years! This compounds the Council’s problem because it also means that they breached that provision of the local government act preventing temporary appointments for more than 12 months. Come on Debra, have a look at section 351 (2)

There’s a lot of money to be saved by not filling jobs and having other people, often working for nothing, picking up the slack. Willoughby should do a survey of unpaid overtime...  It’s not just happening where we have members.

The USU is now agitating against the Council’s failure to advertise and fill positions, also having tolerated for too long this deliberate management strategy to have people working harder and covering the gaps, rather than filling the vacancies.

Sick leave is at unprecedented levels and they have a consultative committee that has never properly complied with the provisions of the Award - something the three unions are now involved in trying to remedy.

The current constitution was developed in 1996, it provides for a “chairman” but a “spokesperson”, so obviously in 1996 only blokes could chair the committee but any gender could be a spokesperson.

More importantly it ignores the compulsory requirements of the Award for a minimum of union representation from the USU, LGEA and depa - preferring to have operated for all these years, contrary to the Award, with ten employee representatives from distinct areas of the Council and a cursory note that the structure with the ten employee representatives “requires that at least one elected representative from unions party to the award.” How have they ever got away with that?

Not a happy place to work, chronic understaffing, a corporate approach to leaving positions vacant as long as they can, unprecedented levels of sick leave and industry-leading figures for staff turnover.

Richmond Valley is the winner

Details

Published: Wednesday, 19 December 2018 10:34

How can it be any other way? A young trainee goes to HR to ask questions and is threatened, immediately, that if the thing went to court she would lose, and the threat is repeated. depa raises the issue on her behalf, the GM responds that this is a great program and we are wrecking it and wrecking opportunities for young people in the area, begrudgingly agrees that she should have been paid on the T scale all along and that she has been underpaid, accepts this is breaching the Award but then wants her to pay half her university fees, another breach of the Award. Come on, Vaughan, we expected better of you.

We may not have awarded this prestigious trophy to Richmond Valley had they recognised their arrangements are illegal, young people were being underpaid and it was really wage theft. But there are people at Richmond Valley, including the GM and People and Culture (!) who still mutter that it’s a shame we removed their capacity to pay people less than their legal entitlement.

Of the six “scholars”, who are really trainees, four are women. At the same time as the Council wants to defend ripping these employees off, they are busy boasting in a report by Women & Leadership Australia on the hundred days for change initiative that they want to “empower our women”. On the evidence, they’re more likely to cheat them.

They also say that women need to have “the power and access to speak up and connect with each other in order to continue to develop personally along with our organisation” but when a young woman does that, they threaten her that if it went to court she would lose. Leaving aside that threat was made without proper advice and it was wrong, it should not have happened.

And we don’t want to ever hear again that there are advantages in wage theft.

What about the High Court challenge?

Details

Published: Wednesday, 19 December 2018 10:34

The Full Bench of the High Court heard the challenge of the Combined NSW Unions on 5 and 6 December. The case was adjourned, the Court has now risen, as they say, for the end of term and there is no chance now for any resolution to the challenge before the Court resumes in the first week in February.

As the challenge was mounted against a 50% reduction in the amount of money third-party campaigners can spend in the six months leading up to a New South Wales election, and the election will be on 23 March, it looks like Gladys and her lot who wanted to “silence the voices of working people”, as Unions NSW Secretary Mark Morey so graphically puts it, may well get her way. At least for this election…

And that’s it for 2018, but here’s some good advice

Details

Published: Wednesday, 19 December 2018 10:34

It’s always good to get a compliment about the effectiveness of depa from someone who has spent 30 years on the receiving end. So, it was a pleasure to see the former GM of the former Canterbury Council, Jim Montague, being quizzed in the ICAC about his relationship with depa, and saying this on Thursday 13 December:

I expected Spiro to approach the union. I mean that’s what I would have done and I know how energetic Mr Robertson is ... my dealings with Ian Robertson were such that I knew he wouldn’t let it drop. He’d pursue it very vigourously as he does. He’s quite an unusual individual in that sense but he represents his members very well so we would have gone on with it.

Thanks Jim, and to all our members, we wish you a happy Xmas and New Year (or however you like to describe it) with your loved ones, family and friends. We commit ourselves to continuing our usual quite unusual levels of vigour and energy representing you all in 2019.

We’re closing the office on Friday 21 December and will open again, in a relaxed and try-not-to-ring- us-until-the-following-week kind of way, on Thursday 3 January.

Neither snow nor rain nor heat nor gloom of night stays depa from the swift completion of depaNews …

Details

Published: Wednesday, 28 November 2018 13:23

Preceded by severe storm and wind warnings, Sydney is being smashed by the worst November storm in 44 years. Chaotic public transport with massive delays, twelve flood rescues and counting, more than 8000 homes without power, the November average of 84.6mm by 7am, past 100mm by 8.30, and still being hammered, police have labelled road chaos the “worst ever”, and the SES, NSW Government and the Police warning everyone to stay home if they can. Stay home? We’d rather send you depaNews.

Speaking of issues of principle, the Government appreciates us, but doesn’t want to meet with us

Details

Published: Wednesday, 28 November 2018 13:23

Over the past couple of months we made two submissions in response to invitations from the Department of Finance, Services and Innovation. Or something anonymously described as the “Regulatory Policy” part of that department. They love anonymity.

The first was a submission on proposed changes to regulation of certifiers by the BPB through the Building and Development Certifiers Bill 2018. We had sought significant changes and discussions with them and encouraged members to make their own submissions supporting our proposed changes and our request to meet. After all, we never meet with these people and they never meet with us. Nothing in the last five years until this year when we were trying to find out what “intelligence” meant when it led to a member being investigated when no-one had complained.

Members responded enthusiastically with more than 100 submissions supporting our proposals and our request to meet. Thank you all for doing so.

But few of our suggestions made it into the Act. And they certainly didn’t want to meet with us.

At some stage they need to come to grips with the reality that we represent more people accredited by the BPB than any other organisation and that rejecting that request was thoughtless at best, and contemptuous at worst. There were 100 submissions, the overwhelming majority, calling for them to meet with us.

They did agree that it made no sense to require a contract between a client and an individual Council employee and that the contractual arrangement should be signed by “the Council”; that it made no sense to impose too much control in smaller organisations to prevent a generalist “certifier” providing other professional services; and that it did make sense to remain “registered” and not “licensed” as they had proposed.

They ignored the overwhelming number of submissions calling for a reduction in the proposed severity of the penalties for knowingly issuing a false certificate, in particular the fine of $10,000 and up two years jail, and our concerns about how to manage the parallel accountability of a Council employee with responsibilities to their employer and, at the same time, also to the BPB. We will keep working on these issues.

What their decision does is reveal an insensitivity to the good management of what they still like to call “certifier” services by councils and a contemptuous attitude to the industry.

In an email from “Regulatory Policy” to everyone who put in a submission we were thanked, and they appreciated our “interest”. Signed by no-one, with no-one identified as being responsible, these people have the luxury of anonymity while they construct hostile regimes for Council employees/certifiers without that protection.

And in an equally impersonal note, on 22 November they thanked us for our submission on the ludicrous options paper “Improving Certifier Independence”, but this time noted that they appreciated our “comments”. On the first submission, they appreciated our interest but clearly not our comments and they certainly didn’t want to talk to us, and on the second submission they clearly appreciated our comments. If that second submission meant that the mysterious “Regulatory Policy” understood what had happened in the past, then it was worthwhile.

High Court to hear union challenge to electoral funding laws next week

Details

Published: Wednesday, 28 November 2018 13:23

There are so many things going wrong, and so many unpopular decisions, it’s no surprise that the NSW Government, alarmed about the State election in March, wants to gag third-party campaigners. Media campaigns by unions like the NSW Nurses and Midwives Association about hospital funding, the NSW Teachers Federation about education and general campaigns against selling off our assets like Unions NSW' “NSW Not For Sale” are always damaging.

The “Your Rights at Work Campaign”, vigourously championed by Unions NSW highlighting the attacks on employees in WorkChoices was one of the most successful campaigns, significantly contributing to bring down the Howard Government, and as a bonus, having the sitting PM tossed out of his seat of Bennelong - only the second time this has ever happened.

The Electoral Funding Act 2018 reduced by half the amount third-party campaigners could spend in State elections - down from $1 million to $500,000 and even if a number of third-party campaigners get together, as they have done to oppose selling community assets, slashing the public sector, or removing rights at work, the $500,000 remains the cap.

The High Court challenge, organised by Unions NSW (to which we are affiliated) has eight plaintiffs - Unions NSW, the Nurses, the ETU, the Australian Education Union, the USU, the HSU, the PSA, Australian Salaried Medical Officers as well as funding from seven other unions who, like us, don’t do third-party campaigning, the Australian Services Union, the Shop Assistants, Rail, Tram and Bus Union, and our colleagues in APESMA. All the local government unions are involved.

The Electoral Funding Act criminalises campaign practices and introduces two-year jail terms for third parties acting in concert, whether they be unions, churches, community groups, charities are industry groups. Lovely.

Unions NSW Secretary Mark Morey has said, “if this legislation had been in place in 2011, or 2015, unions’ officials would have gone to jail for doing what they always do: campaign.”

The High Court in Canberra will hear the constitutional argument about the implied freedom of political communication on Wednesday 5 and Thursday 6 December where it will be fought by the NSW Government, the Commonwealth Government, the Government of South Australia and potentially other States as well.

Only tyrants oppose the right of people to campaign in elections. It’s great to be involved in an issue of principle as important as this.

Pictured above is a demonstration organised by Unions NSW when the case first came on for directions in the High Court in Sydney.