• 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

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Upper Hunter gets coy – depaNews March 2011

Nurse

Upper Hunter gets coy about their ineffective testing regime

“… the question now is whether it would be unjust or unreasonable for the company to implement the urine-based random testing regime with its wide "window of protection", with all that implies for interfering with the private lives of employees, when a much more focused method is available, where a positive test is far more likely to indicate actual impairment, and is far less likely to detect the use of drugs at the time that would have no consequential effect on the employee's performance at work."

This is an extract from the decision of Senior Deputy President Hamburger in the Australian Industrial Relations Commission in Shell Refining v CFMEU. The Commission, in a decision which is now the Federal authority, found that it would be unjust or unreasonable to move beyond the existing saliva testing regime to the less effective and more intrusive urine-testing.

We couldn't have put it better. The most effective method of testing for impairment at work is saliva because urine gives no indication of how recently a drug was taken. While it might let you know who-did-what two weeks ago, it doesn't let you know who-did-what just before they came to work. As the AIRC appreciates, it fails to be an effective test of impairment at work and is overwhelmed by the negatives of invading the privacy of employees with findings that have no effect on the employee's performance at work.

So why would Upper Hunter want to test the urine of applicants for jobs (including anyone who may apply for the current vacancy for the grossly underpaid position of Director of Environmental Services) and then randomly test thereafter, when the evidence is that this method lacks the focus necessary to detect occupational risks and hazards? They say it’s to manage workplace safety risks but it doesn't do that.

We don't know - but we will find out.

We have asked Upper Hunter a range of questions and they have replied with some of the information we were after. Their Alcohol and Other Drugs Procedure says "Council will continue to seek the advice and guidance of our testing provider and other industry experts, in relation to the most appropriate and viable option for alcohol and other drug testing" but they tell us that their testing providers gave no advice about “the most appropriate and viable option for alcohol and other drug testing”.

They should make up their minds. Upper Hunter can't claim to take advice and guidance about the appropriate option but then claim that they didn't do so. And then, when we ask specific questions about this testing option that they are "unable to respond on behalf of its providers in relation to this question." This is not a time to be cute or coy.

If they lack this much focus and have so much inconsistency in their responses, maybe they should be saliva tested?

And if "neither testing provider tried to influence Council as to which method of testing was to be adopted", who did?

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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