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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2007-11-14 Daily Xml
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WORKCHOICES

Mr RAU (Enfield) (14:41): My question is to the Minister for Industrial Relations. What concerns does he have about the implications for South Australians with the federal government's breaking its own workplace laws by trying to stop workers speaking out against WorkChoices?

The Hon. M.J. WRIGHT (Lee—Minister for Industrial Relations, Minister for Finance, Minister for Government Enterprises, Minister for Recreation, Sport and Racing) (14:41): On 30 October, the Federal Court fined the Howard Liberal government $30,000 for breaking its own workplace laws, when it told workers that they could not use their hard-earned leave to speak up against WorkChoices. The Federal Court's decision shows that the Howard government broke its own workplace laws by trying to silence workers from speaking up against WorkChoices. There was evidence before the Federal Court that the Howard government's position was as follows (and I quote from evidence referred to in the decision of the Federal Court of Australia):

Any leave being applied for specifically to participate in the National Day of Action should not be approved. This is the official position of the Department of Employment and Workplace Relations.

So, the Howard government is saying, 'You can only take the leave you have earned if you are going to do something that we approve of.'

The Federal Court judgment also records evidence that the federal minister's office was involved in drafting the directive. Workers were told that they could not take leave, or that they would have their pay docked if they went to the protest against WorkChoices. The Federal Court has found that, by doing that, the Howard government broke its own laws that are supposed to protect workers' freedom of association. The Federal Court also said that the Howard government officials involved knew they were breaking the law when they did it but they decided to do it, anyway. The Federal Court decided that this law breaking was so serious that it said, 'a penalty that approaches the maximum penalty for a single contravention is appropriate'. Not only do the workers involved pay the consequences, but now taxpayers are footing a bill for $30,000, because the Howard government is so desperate to stop people speaking up against WorkChoices.

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