• Private certifier gets nailed – depaNews November 2010
  • Wake up and don't worry - depaNews February 2011
  • HR professionals – depaNews January 2009
  • Upper Hunter gets coy – depaNews March 2011
  • BPB kills off B1 & B2 - depaNews July 2009
  • Councillors behaving badly Part One - depaNews December 2009
  • Councillors behaving badly Part Two - depaNews December 2009
  • Who is Peter Hurst? - depaNews August 2010
  • It's time to go, Peter Part One - depaNews September 2006
  • It's time to go Peter Part Two - depaNews December 2006
  • BPB survey on accreditation – depaNews November 2008
  • Improbable things start to come true – depaNews June 2010
  • Sex, lies and development – depaNews February 2008
  • Pizza man feeds non-members – depaNews April 2011
  • Bankstown wins HR Award – depaNews December 2010
  • Love him or loathe him - depaNews October 2007
  • Good Bad & Ugly issue – depaNews November 2010
  • Upper Hunter lets the dogs out - depaNews February 2011
  • IRC puts brakes on belligerent seven – depaNews June 2009
  • It's Tweedledum and not Tweedledumber - depaNews March 2007
  • 28 April International Day of Mourning - depaNews April 2009
  • IRC orders Hurst 'apology' published - depaNews December 2010
  • Debate on IR policy – depaNews August 2007
  • Developer agrees to apologise – depaNews November 2010
  • OH&S Day of Mourning – depaNews April 2009

The Development and Environmental Professionals' Association (depa)

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What do I do if the Council starts to review its leaseback policy?

Details
Published: Tuesday, 31 May 2011 10:44

The 2010 Local Government (State) Award at clause 15 provides significant restrictions on a Council's ability to increase the level unreasonably and to do other things which prejudice your private access to a Council car under leaseback arrangement.

While clause 15 is reproduced below, a significant development in this Award was the acknowledgement that many employees have a car through a leaseback scheme as a condition of their employment - usually arising from the way the Council has advertised access to a car, and/or references in letters of appointment etc.

Make sure when a Council offers you a job that you have the condition of employment acknowledged in the letter of offer.  If the Council really wants you they will agree to having your right acknowledged under clause 15B(i).

Most employees covered by depa will have a car as a condition of employment and the Award now provides that once you've got the car as a condition of employment, the Council can only take it away with your agreement. This is a significant development.

The Award acknowledges that there are some employees for whom access to a leaseback agreement is not a condition of employment. depa’s view is that there will be very few health, environmental, building or planning professionals falling into this category. And while councils may claim the car is not a condition, this is arguable. Even if a Council says it isn’t in the letter of offer doesn’t mean it isn’t - but better to avoid the argument and have your right made clear.

Clause 15 also:

  • requires the Council to refer proposals for any variation of leaseback arrangements, including the formula for calculating the lease agreements, to the Consultative Committee - Clause 15C(iv),
  • prevents the Council from increasing the leaseback fee by more than 10% or the percentage movement in the Eight Capitals’ private motoring component of the CPI – clause 15C(v), and
  • provides a mechanism for employees changing their working hours (in particular, reducing by going to part-time work)or going on extended leave, to agree to a different leaseback fee.  This is particularly relevant for employees who want to reduce their hours to go to part-time work.

Robbo's Pearls...

What’s happening to the senior staff changes?

On 15 October 2021 the LGNSW Board, spurred on by a second recommendation from another ICAC investigation (Operation Dasha) to get rid of the “no reason” sacking of senior staff, unanimously resolved to do precisely that. LGNSW would now support the views we and the other unions have been expressing for decades. This was a historic consensus.

The consensus was to amend section 340 of the Local Government Act 1993 to ensure that the only Senior Staff positions, on term contracts and denied access to the industrial relations commission would be the general manager. And to amend the Industrial Relations Act to lift the remuneration level for access on unfair dismissals.

All we needed was the OLG and the Government to cooperate. That was close enough to two and a half years ago. 

There was some venal opposition from the usual suspects, but the policy was overwhelmingly reaffirmed at the LGNSW Special Conference on 1 March 2022. That was close enough to two years ago.

In April 2023 a Labor Government was elected in NSW. We all had a reasonable expectation they’d be more supportive of employment changes that reduced the risk of corruption and provided fairer working conditions. They say they are.

What have you blokes been doing?

Hoenig and Minns

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