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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Government Amendment (Employment
Arrangements) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Local Government Act 1993 No 30 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
ocal Government Amendment (Employment
Arrangements) Bill 2024
Act No , 2024
An Act to amend the Local Government Act 1993 to make further provision regarding the staffing
of councils; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Local Government Amendment (Employment Arrangements) Act
2024.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[18]-[21] and [40]--on the date of assent to this Act,
(b) otherwise--3 months after the date of assent to this Act.
Page 2
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
Schedule 1 Amendment of Local Government Act 1993 No 30
[1] Section 213 Facilitating provisions of proclamations
Omit "senior staff" from section 213(1), note.
Insert instead "a general manager".
[2] Section 218C Facilitating provisions of proclamations
Omit "senior staff" from section 218C(2), note.
Insert instead "a general manager".
[3] Section 218CA Maintenance of staff numbers in rural centres
Omit "senior staff" from section 218CA(4), definition of regular staff.
Insert instead "the general manager".
[4] Section 223 Role of governing body
Omit section 223(1)(j).
[5] Section 332 Determination of structure
Omit section 332(1). Insert instead--
(1) A council must, after consulting the general manager, determine the resources
to be allocated towards the employment of staff.
[6] Section 332(1A)
Omit "(other than the senior staff positions)".
[7] Section 332(2) and (3)
Omit the subsections.
[8] Chapter 11, Part 2, heading
Omit "and other senior staff".
[9] Section 334 Appointment of general manager
Omit section 334(1) and (2). Insert instead--
(1) A council must appoint a person to be its general manager.
(2) The person must not be a body corporate.
[10] Section 337 Council to be consulted as to appointment and dismissal of senior staff
Omit the section.
[11] Section 338, heading
Omit "senior staff". Insert instead "general managers".
[12] Section 338(1)
Omit the subsection. Insert instead--
(1) The general manager of a council must be employed under a contract that is
performance-based.
Page 3
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
[13] Section 338(4) and (5)
Omit "or other senior staff" wherever occurring.
[14] Section 338(7)
Omit "or another member of the senior staff".
[15] Section 338(8)
Omit "or another member of the senior staff of the council".
[16] Section 340 Industrial arbitration excluded
Omit "or another senior staff member" wherever occurring in section 340(1).
[17] Section 340(1)(a)
Omit "or to another vacant senior staff position".
[18] Section 340(2)
Omit "or another senior staff member".
[19] Section 340(3)
Omit "or another vacant senior staff position".
[20] Section 340(4)
Omit "senior staff members". Insert instead "a general manager".
[21] Section 340(5)
Omit "or to another senior staff position".
[22] Section 341
Omit the section. Insert instead--
341 Duty to report bankruptcy
If a general manager becomes personally insolvent, the general manager
must--
(a) immediately give notice of the personal insolvency to the council, and
(b) give the council, within the time specified by the council, further
information concerning the cause of the personal insolvency.
[23] Section 342 Appointment of the public officer
Omit section 342(2).
[24] Section 348 Advertising of staff positions
Omit "senior staff member" from section 348(3)(a).
Insert instead "general manager".
[25] Section 351 Temporary appointments
Omit "senior staff position" from section 351(1).
Insert instead "general manager position".
Page 4
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
[26] Section 354A, heading
Omit "senior staff". Insert instead "general managers".
[27] Section 354A(1)
Omit "or other senior staff member".
[28] Section 354C No forced redundancy of affected staff members during proposal
period
Omit "senior staff member". Insert instead "general manager".
[29] Section 354D Preservation of entitlements of staff members
Omit "senior staff member" from section 354D(1). Insert instead "general manager".
[30] Section 354F, heading
Omit "non-senior". Insert instead "transferred".
[31] Section 354F
Omit "a senior staff member". Insert instead "a general manager".
[32] Section 354G, heading
Omit "non-senior". Insert instead "transferred".
[33] Section 354G(1)(a)(ii) and (b)(ii)
Omit ", other than a senior staff position" wherever occurring.
[34] Section 354G(1)(a)(iii) and (b)(iii)
Omit "(other than a senior staff member)" wherever occurring.
[35] Section 354H External advertising not required in certain circumstances
Omit ", other than a senior staff position" wherever occurring in section 354H(1)(a)(ii) and
(b)(ii).
[36] Section 354H(1)(a)(iii) and (b)(iii)
Omit "(other than a senior staff member)" wherever occurring.
[37] Section 354I, heading
Omit "non-senior". Insert instead "transferred".
[38] Section 354I(1)
Omit "senior staff member". Insert instead "general manager".
[39] Schedule 6 Regulations
Omit the following from item 15, examples--
The classification of positions as senior staff positions
Contracts of employment for senior staff
[40] Schedule 8 Savings, transitional and other provisions consequent on the enactment
of other Acts
Insert at the end of the schedule, with appropriate part and clause numbering--
Page 5
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
Part Provisions consequent on enactment of Local
Government Amendment (Employment
Arrangements) Act 2024
Definition
In this part--
amending Act means the Local Government Amendment (Employment
Arrangements) Act 2024.
Existing employment contracts of senior staff
(1) An employment contract for a member of the senior staff of a council that was
in force immediately before the commencement of the amending Act
continues in force until it expires or is terminated.
(2) For subclause (1)--
(a) the provisions of this Act amended by the amending Act, other than
section 340, as in force immediately before the commencement of the
amendments, continue to apply to the employment contract and the
member of the senior staff while the employment contract continues in
force, and
(b) to avoid doubt, no award, agreement, contract determination or order
made or taken to have been made or continued in force under the
Industrial Relations Act 1996, whether made before or after the
commencement of this section, has effect in relation to the employment
of the member of the senior staff while the employment contract
continues in force, and
(c) a member of the senior staff's employment contract is taken to be an
industrial instrument for the Industrial Relations Act 1996, Chapter 2,
Part 6.
(3) However--
(a) a member of the senior staff of a council employed under a standard
form of contract approved by the Departmental Chief Executive under
section 338(4) may request the council to transition the staff member to
employment under an award or enterprise agreement before the expiry
of the approved contract, and
(b) the council may accept the request and transition the staff member's
employment as requested, and
(c) to avoid doubt, section 348(1) does not apply to a transition of
employment referred to in paragraph (b), and
(d) the council must not unreasonably refuse the staff member's request,
and
(e) the staff member may apply to the Industrial Relations Commission for
a review of the council's refusal, and
(f) if the Industrial Relations Commission, after a review, is of the opinion
that the council's refusal is unreasonable--the Industrial Relations
Commission may order the council to transition the staff member's
employment to employment under an award or enterprise agreement on
the terms and conditions specified in the order, within the time specified
in the order.
Page 6
Local Government Amendment (Employment Arrangements) Bill 2024 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
(4) Section 348 also does not apply to the transition of a person's employment,
under an award or enterprise agreement, to a position within the organisation
structure of the council after the person's employment contract as a member
of the senior staff of the council, continued by subclause (1), has expired.
(5) The regulations may deal with the following--
(a) the review by the Industrial Relations Commission of a council's refusal
to accept a request to the council to transition the staff member to
employment under an award or enterprise agreement,
(b) orders by the Industrial Relations Commission if the Industrial
Relations Commission find the refusal was unreasonable.
(6) In this clause--
senior staff has the same meaning it had immediately before the
commencement of the amending Act.
[41] Dictionary
Omit the definition of senior staff.
Page 7
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