LG Professionals invite members for a little bit of consensual S&M

Wizard of Oz 2

For years we used this image from the Wizard of Oz whenever Local Government Professionals (sic) dabbled in employment or Award issues. At the time they had all the characteristics of those three wonderful characters - the cowardly Lion, the heartless Tin Man, and the brainless Scarecrow.

Some of their presidents have been worse than others - most have kept out of employment related discussions because they recognised their skill gaps and that there are people who deal only with that kind of thing and they should know what they’re talking about. But there have been others, clumsily crashing into Award negotiations, calling for the ability to stand down employees during Covid, and worse. Inexperienced and unqualified and getting in the way.

Back in negotiations with the Government prior to the establishment of the 1993 Act, the predecessor of LG Professionals (sic), the Institute of Municipal Management, was part of a unanimous view in the industry opposing the introduction of term contracts based on the SES model. Those were the days.

Now though, they are more likely to support the sacking of senior staff without procedural fairness than support steps to provide that procedural fairness - even when in addition to concepts of procedural fairness, the ICAC has called out the inappropriateness of arrangements that involve “no reason” terminations. One of them, after sacking a member of ours we think unfairly, even challenged the Unfair Contracts jurisdiction in the Supreme Court, and lost.

The LGNSW Board virtually a year ago resolved to create the industry consensus on changing the Act and providing award or EA coverage for senior staff, while leaving only the position of GM in that category. In March this year their Special Conference considered a motion from Mosman Council for LGNSW to proceed no further with this policy resolution. It included six easily rebuttable, flimsy arguments that were thrown out by the Special Conference with a unanimous no vote.

It's clear from the OLG Discussion Paper that the arguments put by the supporters of the right to sack unfairly continue to be flimsy and rebuttable and show astonishing ignorance of the capacity for these employees to be treated fairly, but still performance managed and disciplined, when covered by the Award - just like everyone else in the industry. It's a cliche, but it isn't rocket science.

It’s hard to find a GM prepared to publicly reveal they want to continue to sack senior staff without procedural fairness*. But they’re out there and no-one should be too surprised that LG Professionals (sic) has convened meetings of their members to discuss the Discussion paper - Senior staff employment.

Unconvinced by an industry consensus of the employer’s organisation and the employee’s organisations, people who witnessed the misery created by unfair sackings, the wasted public monies and the capacity to do things properly and remove an employee who simply can’t do the job in the Award, neither are they convinced by the ICAC’s Dasha recommendations.

Given the notoriety of the consensus and the legislative ramifications in the industry, it beggars belief that on 26 September, the CEO of LG Professionals (sic) emailed all members and said this:

As you know this topic has been raised before, and we were under the impression the previous sector wide consultation had affirmed the consultation with our members that there was no appetite to pursue a change from Senior Staff Contracts.

No appetite, no awareness of the industry consensus and the commitment of those who are part of it to push it legislatively, what have these people been doing? Did they miss Operation Dasha?

Nevertheless, they’ve organised meetings to consult with “members who are on senior staff contracts”. It’s curious there have not convened meetings for members who may aspire for those positions and would clearly prefer to be permanently appointed than survive at the whim of a GM pressured by Council, or pressured by councillors themselves.

The LGP Board of ten has one apparently unemployed former GM as president, two other GM’s but seven employees who from the sound of their titles on their website, would be senior staff. Self-interest is a great motivator and it’s hard to imagine, given the choice, they would want to build a career into the senior positions and continue to risk unfair sacked themselves. The two current GM’s would seem to be unlikely supporters of precarious employment for those who report to them but you never know.

de Sade 1 no border

Obviously it’s not all about lacking courage, or a heart or a brain, but there has to be a better explanation for why one group, the GMs, want to retain the right to inflict pain on others, and the other group, senior staff who are not GM’s, might want to retain the right to have pain inflicted upon them by being unfairly sacked.

At the risk of setting readers’ imaginations running wild about concepts of S&M in LGP, surely the Marquis de Sade got it right - there are people who obtain pleasure inflicting pain on others and people who obtain pleasure by having pain inflicted upon them. Will we see a decision of that Board reflecting that sadomasochism, or will they at last, do the right thing?

*We hope to be able to bring you a list of those people supporting the retention of unfair sackings after the meetings.

It’s in the Minister’s office but nothing’s happening. It has been:

since the Government and the Minister were appointed on 5 April 2023. We are still waiting for the legislative changes required.

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