• 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)

Welcome to the depa website. We are an industrial organisation representing professional employees working in local government in New South Wales in a variety of jobs in the fields of environmental health, public health, building and development control and planning.

We take a broad approach to our responsibilities to members and give advice and assistance on professional issues as well as industrial and workplace issues. We understand what members do at work and that allows us to take a holistic approach. Read more about us...

This site will keep you up-to-date with union news and the diverse range of workplace advocacy issues we deal with daily. We have made it easy for members to contact us with online forms. Join depa online now


After a meeting of members on 11 January, we wrote to the GM encouraging him to do precisely these things and advising a meeting of members had unanimously resolved to ban all services to Peter Hurst and his company until he apologised (as he had originally said he would when the complaint was dismissed and the Commission recommended that the Council seek an apology or the Council publish the advertisement required by the Orders by the Commission. And then the proverbial hit the fan. Instead of doing something in the interests of their employees, the Council’s General Manager Phil Pinyon gave a written direction to one of our members to find another Council which might be prepared to process the application for them.

President of the Association of Accredited Certifiers Craig Hardy must have made some astonishing New Year resolutions. Last year he thought those of you accredited by the BPB and working in local government were soft or thick and pushovers for developers and nowhere near as rigourous or demanding as the really smart private certifiers, like him.

And he didn’t just mention this quietly to people, muttering in private behind his hand, he boasted this in Sydney’s Daily Telegraph on 11 September where he said that “private certifiers were tougher on builders than were their Council counterparts.”

But now, he wants all those BPB-accredited employees in local government to become members of his own lobby group and he wants to give you a year’s membership for free! What a lovely bloke, you might think (although from the responses we’ve had from members who received his offensive and guileless invitation, not many of you do) but our view of Craig remains unchanged.

Whether it’s the AAC or AIBS, they are really just lobbyists for private certifiers but, because there are more BPB-accredited staff in local government than would ever be available in the private sector, both those organisations would like you as members. It’s all about the business model and the income and, just as Neil Cocks had a whiteboard to do calculations about the income stream the BPB could anticipate if Council staff needed to be accredited, these people know where the money is as well.

If Craig really wanted you as members, to look after your interests rather than just to expand his own fiefdom to boast that it speaks for all certifiers, he should immediately extend an apology for his nonsensical assertions in the Telegraph.

And we will happily publish them. Come on Craig, being a big man isn’t always about stature. 

Newcastle’s general manager Phil Pearce has resigned, after eighteen months (but more importantly only four months after the September elections) and according to the Herald on 22 January, after “clashes with the lord mayor Jeff McCloy”. Having lampooned and lambasted the council and its staff and how they do things in election campaigning, new councillors then find out it’s not as easy as they thought.  Ignorance really is bliss.

Incoming councillors and mayors often have little idea about how local government works and that puts the general manager in the awkward and vulnerable position of keeping them away from the GM’s own responsibilities and the staff, and having to try to educate them about their obligations under the Local Government Act and to understand that sometimes the things that seemed capable of being done can’t be done once people understand how things really work. There are laws and obligations.

Camden was our December example of a general manager removed with nothing more than 38 weeks pay and no explanation and general managers are no different to other employees and should be able to expect fair treatment at work and procedural fairness in termination.

The GM is the most vulnerable employee because the GM is the only employee employed by the Council and the only employee directly accountable to the Council. This vulnerability and the need for proper protection of general managers (in what will inevitably be bigger and better resourced councils) are being dealt with by a number of the reviews currently investigating local government. In particular, the Standard Contracts for GM’s Working Party, the Local Government Acts Review and the Independent Review Panel. And it will be a hard issue for the 2036 flunkies to deal with as well as the Minister’s office.

depa has published a Position Paper on the employment of general managers to be fed into this process. It’s got all the history and the history will surprise many. We had our crack research people going through the archives for days. Here's a link.

Our special HR Awards edition in December announced Lismore Council as our 2012 winner. But we believe people can learn from their mistakes and everyone is entitled to redemption and we applaud the immediate intervention by the GM Gary Murphy to wrestle the latest mishandled issue from HR. He not only agreed to pay the back money claimed to be owed by our most recently aggrieved member, but he ensured that it was paid that day!

The immediate agreement was welcome, the concurrent payment was nothing short of astonishing given the resistance of the Council’s HR Manager to any money being paid by the end of 2012 and, in response to what I put as a joke about whether it would be possible by June 2013, she thought that would be possible. Durr.

Well done, Gary. Your involvement may be overdue but it is welcome and appreciated.

There are still a number of problems at Lismore which need to be resolved as part of this dispute. Councils can’t write letters of offer where they deliberately withhold information which might make the offer less attractive for a prospective employee to accept the position - like there is no progression available because the rate of pay being offered is the top of the scale! That’s dishonest.

Resolution of this dispute will see agreement on a pro forma letter of offer which identifies the band and level of the Award, the grade, step and progression range in the salary system and the end of this bizarre notion that the  Council can establish a TRP that allows them to withhold Award increases if paying the increase would put the job over the limit of the TRP. And things have been so bad with HR we want the review of HR (being carried out by HR themselves!) finalised quickly with external input and discussions with the unions.

depa’s Annual Union Picnic Day Golf Day will be held again this year at Blackheath Golf Course on Metropolitan Picnic Day - Friday 8 March.

We were rained out last year, and as the climate gradually changes we accept that there will be some risk with the weather, but we’re going ahead anyway.

The Picnic Day Golf Day started in 2004 and Blacktown, North Sydney, Penrith, Bankstown (twice) Lithgow, Leichhardt and Canterbury have all provided winning teams. Whether you can play golf or not is largely irrelevant because the team format favours those who like the idea of getting together on picnic day with other members of the union in a beautiful place for a good time.

Don’t forget Deepak Chopra’s advice that if you can play golf with the right attitude, you can live life with the right attitude.

Start 2013 with the right attitude with other depa members. Wendy in the office will be managing  this and if you would like a place you can contact her on or 9712 5255.

For those regular players, you know the routine, get your team together and let us know. Maximum of 18 teams, so get in quickly.

We all have a pretty good idea about the changes to the certification system that the BPB wants to introduce from March 2013 – to make it more difficult to keep working in doing what you are doing unless you stay where you are now and all based on the idea that because people do full-time "certifying" in all the other states and privately, you lot in local government (even though you do more than everyone else in Australia) need to get with the program.

A program that is antagonistic to the multiskilled local government practitioner as we know it in NSW because the BPB wants national consistency, up you for the rent.

All general managers received a letter dated 21 December advising of a series of forums to be conducted across the State during February and into early March. The Board wants you to have "direct input into the future scope of the certification system in NSW”.

So much more satisfying for them to let you have direct input so that they can ignore your wishes. BPB Chair Sue Holliday made it abundantly clear last year to depa representatives at our usual post Board meeting briefing that these changes would be happening in March 2013 and we had better get used to it.

Still, you should go and tell them what you think. If you think it’s the end of the world as we know it, tell them.

The sessions will be held at the following locations and dates (venues still to be confirmed):

 LOCATION DATE
Ballina 13 February 2012
Port Macquarie 15 February 2012
Tamworth 17 February 2012
Dubbo 20 February 2012
Katoomba 22 February 2012
Parramatta 24 February 2012
Wollongong 27 February 2012
Queanbeyan 29 February 2012
Wagga Wagga 2 March 2012
Sydney 5 March 2012
Newcastle 6 March 2012
Broken Hill 9 March 2012

 

 

The question is really when is an inoffensive word an offensive word?

Last year we had an argument with Canterbury where they asserted that a word like "petite" was unacceptable and a breach of the Code of Conduct. The Council has withdrawn that allegation so now everyone's getting back to business with the usual unacceptable and offensive language that is part of every modern workplace. No real guidance provided by the moral guardians at Canterbury unfortunately.

We know that sometimes the most inoffensive electronic transmissions are intercepted in councils and we know there is a risk every time we send a depaNews or an email and make reference to the BPB CEO. Something we’re not going to do now.

But check out how Alfred Hitchcock and Charles Dickens fared in Virgin Media’s electronic program guide: http://www.guardian.co.uk/media/mediamonkeyblog/2011/dec/19/epg-alfred-hitchcock-charles-dickens

Robbo's Pearls...

Je ne regrette rien

Lucky Edith Piaf, not regretting anything. Who wouldn’t like to live their life like that. Here are some of our regrets over the last 33 years:

The first historic consensus opposing the introduction of term contracts for senior staff was in 1991, and included the employers’ organisations as well as the predecessor of Local Government Professionals (sic), the Institute of Municipal Management. We regret the employer’s organisation abandoning that position, and the history of antagonism to getting rid of the concept of senior staff by LG Professionals (sic).

We regret that LGNSW, up until they responded to the recommendations in Operation Dasha, participating in the unfair dismissal of more senior staff and particularly general managers than anyone else, and probably collectively, more than everyone else.

The role of the Cabinet Office in 1998 rolling the recommendation made by the Local Government Minister at the time Ernie Page, in the five year review of the Local Government Act, that term contracts should be removed because of anticipated flowback into the State SES - which was nonsense. And the decision of the Cabinet that fell for it.

The role of the Office of Local Government, and their SES staff who had been provided with permanent tenure by the Government Sector Employment Act 2013 (something that in the local government we knew nothing about) not flowing a similar provision for senior staff in local government when the SES had been a model for that arrangement in 1993.

OLG’s historic defence of their standard contract and assertion in a variety of investigations, including Operation Dasha, supporting “the “termination without reasons clause... in the event that there was a breakdown in the relationship between the Councillors and the general manager”

And in taunting local government that if they ever delivered a consensus view between the employers and the unions, they would deliver that through the Minister, and then failing to do so.

ICAC in 2002 after investigating Rockdale Council and making findings about corrupt councillor behaviour made observations about “the importance of protections for local government employees involved in the development process”, and then did nothing about it.

ICAC in July 2003, considering correspondence from depa identifying “corruptibility issues that arise from term contracts” after both Rockdale and Tweed, and doing nothing about it, and in a meeting with us in July that year having some pious wanker reject our concerns which he asserted “to some extent that’s the obligation of public service”.

The ICAC 2016 report in Operation Farra at Mid-Western Council observed “the ‘no reason’ provisions in the standard contract, however, could create an uncertain employment environment for a general manager. The Commission’s concern is that such uncertainty could be used to improperly influence the action of a general manager” and, then did nothing about it.

And in Operation Dasha ignoring the submission depa had made about problems with planning and the employment relationships of senior staff, with recommendations for change, that included repealing section 340. We should have been called to give evidence.

We were not able to reach agreement between the unions and LGNSW on transitional arrangements for senior staff similar to the employment protections in section 354D of the Local Government Act continuing senior staff on “the same terms and conditions that applied to the staff member immediately before the transfer day.” This had been the unions’ collective position for a number of months until abandoned in a meeting depa could not attend on 19 March, when an agreement was made by everyone else for what is in the current arrangements.

And obviously I regret spending an hour and a half at the dentist that day and being unable to argue against that happening, and forgetting the first rule of politics - “be there”.

How it could happen that this legislation was carried without dissent, with the support of the Liberal/Coalition Opposition and all Independents, who for most of those years opposed doing anything about this, but who nevertheless subsequently found an interest in doing something about unfair employment practices for senior staff and thought they should trumpet as if it were a revelation, and their idea.

Nevertheless, we record our appreciation and acknowledgement of three people and their critical role in moving LGNSW towards this position in 2021 - President Linda Scott, CEO Scott Phillips and Director Workforce and Legal, Adam Dansie, notwithstanding his awful advice given to Campbelltown to unfairly legitimise disadvantage against a group of employees, predominantly our members.

The LGEA has participated in support over this time, and the USU which, while they were late to the party, they brought a connection to Government, without which this would not have happened. And the new CEO of OLG, doing his best to get over the abject failures and connivance of the past.

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