About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks advises one of the world’s largest duty free companies on Australian market entry January 23, 2019

Law firm Maddocks has advised global duty free company Lotte Duty Free Singapore Pte Ltd, on the aquisition of Australian duty free company JR Duty Free. Under the deal, Lotte Duty Free aquired 100% of … Continued

Latest Article

Bully no more – Fair Work Commission’s jurisdiction to hear Council anti-bullying application confirmed January 31, 2019

The Fair Work Commission has confirmed a Victorian local council is a ‘constitutionally-covered business’ and thus falls within the stop bullying jurisdiction of the Commission. The decision will have implications for larger Victorian councils regarding … Continued

Increase to Senior Officer Remuneration Threshold

The senior officer remuneration threshold has increased to $145,000 per annum (from $142,000 per annum). This change took effect on 1 January 2018.

Background

A senior officer is defined in s3 of the Local Government Act 1989 (Vic) (LG Act) to mean:

  1. the CEO
  2. a member of Council staff who has management responsibilities and reports directly to the CEO
  3. any other member of Council staff whose total remuneration exceeds $124,000 or a higher threshold specified (as at 1 January 2018 this is now $145,000).

What does this mean for Councils?

The increase does not affect the ongoing validity of existing senior officer contracts (for example, a senior officer who earns $143,000).

The increase means that as at 1 January 2018, employees whose remuneration increases but is still at or below $145,000 (rather than $142,000) are not senior officers, unless they are the CEO or a member of Council staff who has management responsibilities and reports directly to the CEO.

Senior officer contracts: Navitas

Given that the LG Act currently requires Councils to engage senior officers under maximum term contracts in most circumstances, we urge Councils to read our article from late last year considering the implications of the recent Full Bench decision in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162, which affects the legal principles underpinning the use of maximum term contracts.

Local Government Bill

Finally, we note that on 12 December 2017 the Victorian Government released an exposure draft of the Local Government Bill (Draft Bill), which it proposes will replace the LG Act. Feedback is now being sought on the operation of the Draft Bill before it is introduced into Parliament.

Amongst other proposed changes, the Draft Bill does not contain any provisions relating to senior officers, and therefore if the Draft Bill is introduced and passed in its current form, ‘senior officers’ will cease to exist as a category of local government employees and the remuneration threshold increase will cease to be relevant.

If you would like us to assist you with issues relating to your senior officer contracts, please contact a member of our Employment, Safety and People team.

Author
Tamsin Webster | Associate
T +61 3 9258 3738
E tamsin.webster@maddocks.com.au
The senior officer remuneration threshold has increased to $145,000 per annum (from $142,000 per annum). This change took effect on 1 January 2018.

Background

A senior officer is defined in s3 of the Local Government Act 1989 (Vic) (LG Act) to mean:

  1. the CEO
  2. a member of Council staff who has management responsibilities and reports directly to the CEO
  3. any other member of Council staff whose total remuneration exceeds $124,000 or a higher threshold specified (as at 1 January 2018 this is now $145,000).

What does this mean for Councils?

The increase does not affect the ongoing validity of existing senior officer contracts (for example, a senior officer who earns $143,000).

The increase means that as at 1 January 2018, employees whose remuneration increases but is still at or below $145,000 (rather than $142,000) are not senior officers, unless they are the CEO or a member of Council staff who has management responsibilities and reports directly to the CEO.

Senior officer contracts: Navitas

Given that the LG Act currently requires Councils to engage senior officers under maximum term contracts in most circumstances, we urge Councils to read our article from late last year considering the implications of the recent Full Bench decision in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162, which affects the legal principles underpinning the use of maximum term contracts.

Local Government Bill

Finally, we note that on 12 December 2017 the Victorian Government released an exposure draft of the Local Government Bill (Draft Bill), which it proposes will replace the LG Act. Feedback is now being sought on the operation of the Draft Bill before it is introduced into Parliament.

Amongst other proposed changes, the Draft Bill does not contain any provisions relating to senior officers, and therefore if the Draft Bill is introduced and passed in its current form, ‘senior officers’ will cease to exist as a category of local government employees and the remuneration threshold increase will cease to be relevant.

If you would like us to assist you with issues relating to your senior officer contracts, please contact a member of our Employment, Safety and People team.

Author
Tamsin Webster | Associate
T +61 3 9258 3738
E tamsin.webster@maddocks.com.au