The Federal Court has found advice given to Fed Govt agencies by DEWR in the lead-up to the Nov 15, 2005 National Day of Protest against Work Choices was prohibited under the WR Act.

Justice Catherine Branson last Thursday (Sept 6) found the advice was issued because a significant number of Commonwealth employees were CPSU members. “It was therefore issued for a prohibited reason.”

The CPSU and four individuals brought the action against the Commonwealth and four Fed Govt agencies - the ATO, the Aust Customs Office, the Dept of Veterans’ Affairs and the Dept of Education, Science and Training - who had unlawfully refused the individuals’ leave requests because they were for the Nov 15 rally.“

The object of the WR Act is to ensure freedom of association, including the rights of employees and employers to join organisations or associations of their choice, or not to join an organisation or association,” Justice Branson said.“

The court has concluded that the DEWR advice was open to be understood as advising that leave, including flextime leave, should not be made available to a Commonwealth employee who proposed to use the leave to attend the day of protest,” she said.

The court has found that the advice altered the positions of Commonwealth employees, and in particular Commonwealth employees who were CPSU members, to their prejudice,” she said. This was prohibited under the old s298K of the Workplace Relations Act...

Proceedings were stood over for future hearings to make orders. (CPSU v Commonwealth of Australia. FCA 1397. 6/9/07)