Last nights first Yarra Council meeting for 2006:
1. Voted to introduce the most progressive pro-worker IR policy in Australia. The task now is to spread this action to all Councils! Well done to SP, ETU, ASU, Union Solidarity and others for their help and push for this resolution. See Appendix A below for the full resolution.

2. Voted to slam the State Governments’ action in supporting (almost unchanged) Banco’s development application for Smith St, Collingwood. The motion was amended by me to get our lawyers to look at four ways to appeal the decision. Council will also call a public meeting and practically support the Collingwood Action Group’s rally on Smith St at 1pm, Saturday 4th March. Be there! In questions without notice I got officers to check what Council can do by way of by-laws on traffic movements to negate Banco. CAG is also meeting with unions soon to seek their help.



3. I got action/asked questions on other issues last night (answers must be in by next meeting): When is desperately needed footpath trading officer position to be filled; is it true that the Richmond pre-school in Duke St will increase enrollments but not staffing levels?; What is staff turnover at Yarra?; How much do we spend on our inhouse lawyers?; Can we improve way to stick traffic fines on cars a la Adelaide method?



4. Upcoming Black GST was discussed and I emphasised that there must be no secret deals on a camp site behind the backs of residents and Councillors. If you want to help with this protest at the ‘Stolen’wealth Games, contact SP.

SP Council stall on this Saturday 12 noon to 1pm outside Safeways, Smith St.



CAG rally on Smith St, 1pm Saturday 4th



Contact SP if you can help our State election campaign (phone 96399111) - we need help with letterboxing and cash donations!

Appendix A - IR resolution

Yarra City Council determined on Tuesday 21 February 2006 to make the following resolution public.

“That in the matter of tendering for Council contracts and:

(a) having further considered the complexities which would be confronted with the implementation of its original resolution,

(b) having considered alternative approaches,

(c) having held discussion with the Australian Services Union,

Council now:

(1) determine to rescind its resolution of 11 October 2005 (Item 3.7 ? ?Tendering for Council Contracts?) and hereby adopt the following resolutions:

(a) “That Council at its meeting on 11 October 2005 adopted a resolution dealing with proposed changes to the Workplace Relations Act 1996 (Commonwealth) and proposing, subject to legal advice, that certain strategies be adopted; that Council, hereby rescinds the said resolution.”

(b) “That Council, having further considered the Commonwealth Government?s WorkChoices legislation:

(i) Affirms its commitment to continue to enter into collective employment agreements negotiated with the ASU on behalf of Council employees;

(ii) Condemns the Commonwealth Government WorkChoices legislation in that it makes it more difficult for workers to have unions negotiate collective agreements on their behalf;

(iii) Supports the actions of the Bracks Government to challenge the stripping away of worker?s rights;

(iv) Supports the ACTU?s campaign against the WorkChoices legislation and directs that $5,000 be donated to support the campaign to protect workers? rights;

(v) Directs that copies of this resolution be forwarded to the ASU, the ACTU and the State Minister for Industrial Relations; and

(vi) That the Federal Minister for Industrial Relations be advised of Council?s condemnation of the Commonwealth Government WorkChoices legislation.”

(2) in relation to its standard Contract Specification documents, determine to include clauses in such documents which promote secure employment and reasonable wages and conditions and that Council work on the detail of this arrangement with Council management and the relevant Trade Unions; that a confidential report be presented back to Council at the April 2006 cycle.

(3) determine to join with the ASU in running a case pursuant to Section 170MD of the Workplace Relations Act 1996, seeking to correct ambiguities in the Yarra City Council Enterprise Agreement, in order to have the current Victorian Local Authorities Award 2001 (in full) attached as an Appendix to the City of Yarra Enterprise Agreement No 4, 2004 as a measure to protect the various award conditions not specifically stipulated in the Enterprise Agreement document.

Appendix B - Banco Resolution

COUNCIL RESOLUTION ? SMITH STREET, COLLINGWOOD AND AMENDMENT C76 TO THE YARRA PLANNING SCHEME

1. That Council notes:

a. the decision of the Governor in Council to allow application P754/2005 for the review of Council?s decision to refuse a permit for a multi storey mixed use development at 132-172 Smith Street and 63-71 Little Oxford Street, Collingwood and directing that Council issue a planning permit;

b. the decision of the Minister for Planning to not approve at this stage Amendment C76 to the Yarra Planning Scheme which proposed to introduce interim structure plan controls over the Smith Street Precinct in the form of a Design and Development Overlay (DDO5); and

c. the Minister?s invitation for Council to consult with DSE to determine the appropriate controls that will enable Amendment C76 to be further considered.

2. That Council write to the Minister for Planning and the State MP to express Council?s disappointment with regard to the recommendations of the Priority Development Panel, the determination of the Govenor in Council and the Minister?s decision not to approve Amendment C76 and in particular to:

a. confirm Yarra?s support for urban consolidation and limiting the ecological footprint of urban sprawl;

b. confirm Yarra?s commitment to population growth in the municipality in accordance with Melbourne 2030?s population aspirations;

c. confirm Council?s support for the Inner Regional Housing Statement (IRHS) and Inner Melbourne Action Plan (IMAP) as developed by the Cities of Melbourne, Port Phillip, Stonnington and Yarra in conjunction with the State Government through the Department of Sustainability and Environment and Department of Human Services Office of Housing; and

d. point out that the decision is contrary to the strategies identified in both the IRHS and the IMAP which provide that:

? The key opportunities for new residential development in the Inner Melbourne Region generally lie outside of the existing principal, major and neighbourhood activity centres in major redevelopment sites and precincts; and

? Housing growth and intensification be directed to the CAD and identified major redevelopment sites and precincts, with only a moderate increase in residential infill development within principal and major activity centres as guided by structure plans.

3. That Council Officers work with DSE representatives to revise Amendment C76 to the Yarra Planning Scheme to:

a. ensure that the Design and Development Overlay is based on the relevant objectives outlined in IMAP and the IRHS, that there should only be a moderate increase in residential infill development within principal and major activity centres as guided by structure plans.



b. Ensure that there are clear linkages between the design objectives, buildings and works controls and decision guidelines included in the DDO; and

c. Include mandatory controls that better reflect the Urban Design Framework but provide for flexibility where exemplary environmentally sustainable design outcomes and social infrastructure improvements including affordable housing can be provided

4. Further that Council facilitate a public meeting to be held in 2-3 weeks at the Collingwood Town Hall to update the Community in regards to the PDP recommendations and the decision of the Governor in Council.

5. Council is to seek legal advice from Maddocks Lawyers in relation to the Governor in Council?s decision regarding:

a. The ability to use Local Laws to modify any negative features of the proposed development

b. To examine the legality of the priority development process followed to reach its determination and issuing of the planning permit

c. To examine whether or not the Panels conduct in considering the planning application prior to consideration and determination of C76

d. Council to seek Legal comment on revising the plans in a secretive meeting with the developer, excluding Residents and therefore denying Residents natural justice; and

e. Council Officers to prepare report back to Councillors as soon as possible, to urgently ask Maddocks if we can delay issuing of permit while we wait on legal advice to address the above.