HOCKEY’S DEPARTMENT FINED FOR BREAKING ITS OWN LAW

Published Tuesday, 30 October, 2007 at 02:42 PM

Minister for Transport, Trade, Employment and Industrial Relations
The Honourable John Mickel

The federal Department of Employment and Workplace Relations that administers WorkChoices has a moral obligation to be the model employer, not one of the first to be fined for breaching the law, Queensland Minister for Transport, Trade, Employment and Industrial Relations John Mickel said today.

“Joe Hockey has to act immediately within his department to ensure that federal workplace laws are not broken again,” he said.

The Commonwealth Government has been ordered to pay $30,000 for breaching its own legislation (the Workplace Relations Act 1996) by a Sydney court.

The Federal Court found the Department of Employment and Workplace Relations had advised other government departments not to grant leave to public servants who wanted to attend a union-organised protest rally in November 2005.

Justice Catherine Branson said despite evidence some senior departmental officers knew it was wrong to issue such advice, no steps were taken to review it.

The Community and Public Sector Union (CPSU) initiated the court action against DEWR.
 
Today, the court ordered the Commonwealth to pay the Community and Public Sector Union (CPSU) $30,000 (the maximum penalty is $33,000), for what it described as a serious contravention of the law.

The finding noted that it was not the action of a single officer but that the decision to issue the unlawful advice came out of significant consultation with senior DEWR officers (including the Secretary of DEWR - Mr Peter Boxall). She also noted that the officers involved would have been aware of the contravention of the Workplace Relations Act 1996 when issuing the advice to refuse the leave.

Other Commonwealth agencies were not fined because they were obliged to follow the advice of DEWR.

“Taxpayers should not have to foot the bill for the ideologues running this department.”

“I call on Joe Hockey to put his hand in his own pocket to pay the fine because as Minister he his responsible for the actions of his department,” Mr Mickel said.

Media contact: Chris Brown (07) 3237 1944 or Elouise Campion (07) 3237 1125.

October 30, 200