Upper Lachlan Shire Council (ULSC) and the United Services Union (USU) have faced off at the Industrial Relations Commission (IRC) over a major workforce restructure, the union says.
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Negotiations began at the IRC 12 months ago. The parties are in conciliation. It is not known how long the dispute will go unresolved.
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USU organiser Rudy Oppitz said the council was holding up proceedings by not supplying "critical" documentation for its transition to the new model of industrial awards.
But ULSC has strongly refuted claims of deliberately delaying proceedings and impacts on future works and operations, including meeting legal requirements.
It is understood the council has not breached any workplace laws.
Mr Oppitz said the union was "hoping this council management would become transparent and supply the information without going down the path to arbitrate matters".
The union wants any new or varied positions to be completed in consultation with all parties, he said.
Mr Oppitz said the union was concerned the council was still putting more responsibilities into jobs in a manner that made it unachievable to complete tasks.
"Some of these roles are key positions," he said. "Project manager ... procurement roles, and waste service management. If you don't get these things right at the beginning, a whole range of things go pear-shaped at the end.
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"In critical roles, it creates a circumstance where it holds up a council to get projects done or to meet legislation requirements. For example, NSW Environment Protection Authority (EPA) requirements for quarries.
"It challenges and pushes to the line a council's ability to be compliant."
ULSC acting general manager Andrew Croke said the council was "satisfied that it has followed due process".
"The council has acted in good faith in our dealing at the IRC hearings in an attempt to find common ground on the disputed matters," Mr Croke said.
Since proceedings, began the council has hired two managerial positions (manager assets and design and manager infrastructure delivery) and a coordinator role (coordinator asset planning and programs) and will recruit for other management roles following consultation with the workforce.
"The council has an agreed implementation plan with USU for Oosoft (a salary award system), which involves implementing as expediently as possible with agreed milestones to be completed by March 27, 2020," Mr Croke said.
"The council is attending IRC hearings in good faith to resolve the dispute and proceeding to advertise vacant positions.
"It is anticipated to ensure future operations are more efficient and customer service focused."
In July 2018, councillors voted to support the workforce realignment and funding of $70,000 for consultants Blackadder to run it.
Councillors Ron Cummins, Richard Opie and James Wheelwright said the department workforce had not been reviewed for some time. The three councillors maintained their support this week.
"I support the restructure because it would improve efficiency, management responsibility, referral lines and cost savings for the council," Cr Cummins said.
Cr Wheelwright added: "There was pressure to do an entire realignment of the staff to clearly state who was responsible for what.
"I was under the [impression] this had not been done for some time and was just good business practice. I was happy to support the motion when brought to the council by the consultative committee. This should still be a win/win situation for the staff and council."
All councillors were approached by the Crookwell Gazette for comment.
The union also raised concern about the ongoing IRC bill. However, ULSC said it had been represented by Local Government NSW at no cost.
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At the request of the Upper Lachlan Shire Council's acting general manager Andrew Croke the council's responses to questions from the Crookwell Gazette are in their entirety below.
It is believed that key management positions are unable to be filled until the council complies with the requests for documentation from the union in the matter at the IRC and this may hold up key operations of the council.
Question: What outcomes does the council hope to achieve at conciliation with the United Services Union?
Answer: A satisfied workforce that are remunerated in accordance with local government industry practice. To facilitate this outcome, the council and the USU have agreed to the Oosoft job evaluation system implementation and will review all position descriptions of all staff.
Question: It is alleged that the council is holding up the official proceedings at the Industrial Relations Commission by not supplying key documentation to support the new salary and position system.
Are these allegations true?
Answer: Such allegations are strongly refuted by the council. The council has provided the documents requested and will furnish further documents upon written request by the USU provided that reasonable notice is provided. You may view the IRC Hearing transcripts which support the council's view.
The following fees, revised on 16 August 2019, apply:
- Transcripts that are less than 3 months old; per matter, per order cost $93.00 plus an additional $11.00 per page after the first 8 pages. A minimum deposit of $93.00 is required for 1 to 8 pages.
- Transcripts that are 3 months old or older; per matter, per order cost $113.00 plus an additional $13.00 per page after the first 8 pages . A minimum deposit of $113.00 is required for 1 to 8 pages.
Question: Has the council followed due process with regard to the dispute with the United Services Union at the Industrial Relations Commission?
Answer: The council is satisfied that it has followed due process with regards to the dispute with USU at the IRC and have provided information when requested. The council has acted in good faith in our dealing at the IRC hearings in an attempt to find common ground on the disputed matters.
Question: How long does the council expect the dispute to go unresolved?
Answer: The council is unable to provide a time frame.
Question: What are the total expenses to date, including manpower, for the last 12 months in regard to the IRC and the union?
Answer: LGNSW represents the council at no cost in relation to IRC matters. Senior Management attend any necessary IRC hearing dates.
Question: What is the council doing to resolve this dispute?
Answer: The council has an agreed implementation plan with USU for Oosoft which involves implementing as expediently as possible with agreed milestones to be completed by March 27, 2020.
The council is attending IRC hearings in good faith to resolve the dispute and proceeding to advertise vacant positions.
Question: It is alleged that the new salary and position system Oosoft is not a sound model for employment.
Has the council's new salary and position system Oosoft implemented?
Answer: Oosoft is the industry standard model and was agreed by both the council and the USU to be implemented.
Question: How many positions does it affect?
Answer: The council has purchased the software and has an implementation plan. The Oosoft job evaluation system is utilised for all the council staff other than designated senior staff (general manager and departmental directors).
Question: Has the council been able to hire key staff in positions including but not limited to procurement, project manager positions, and waste service management?
Answer: The organisation realignment commenced in late 2018. The council has successfully recruited two managers positions (manager assets and design and manager infrastructure delivery) and coordinator asset planning and programs.
The council proposes to undertake recruitment after feedback through the staff consultative process for the three positions stated in your question in accordance with merit based selection.
Question: Is the new system placing the council at risk of future litigation in regard to hiring less-experienced staff in critical roles who have knowledge of legislation and the council's legal requirements?
Answer: No
Question: Will or can this impact future works and operations?
Answer: It is anticipated to ensure future operations are more efficient and customer service focused.
