Sunday, May 18, 2014

Our long endeavors have changed the laws to protect Australian workers’ right to obey the laws

The Government tried to hide the direct evidence that the Labor Government heard and react to my petition about workers’ constitutional right to obey the laws.

The released document 4 of 15 January 2008 in response to my email of 9 January 2008 to Julia Gillard MP, the then newly-appointed Minister for Employment and Workplace Relations, shows the then newly-elected Labor Government’s approach to my petition for workers’ right to obey the laws:  
 
“1)  Federal Government failure to intervene in High Court proceedings – the AG’s office has requested their Depat prepare a response to Mr He on this issue which states that the HC has already rejected special leave and therefore there is nothing for current Govt to do. Would be preferable to refer to that correspondence if possible. Sarah Adams has been advised by the AG’s office the letter was drafted for the signature of the COS.

“2)  Petition – please refer to the fact that our understanding is that Senator Marshall has agreed to table petition so it will be before the Parliament in due course. See attached email from Sen Marshall’s office.

“3) Changing workplace relations laws to ensure the situation facing Mr He’s wife does not occur again – outline the Govt’s approach to amending the WR system through transitional lego and then substantive lego; the Govt does not intent to include Mr He’s suggested amendments in Tras Bill which will be limited to preventing the making of new AWAs and other trans arrangements. However the Govt committed to public consultation on substantive changes and Mr He should look out for details of how to participate it that in the coming months.”

Even though in the document 4 Eve clear stated that the Labor Government would “Changing workplace relations laws to ensure the situation facing Mr He’s wife does not occur again” and outlined the actions to be taken, which were:

“to amending the WR system through transitional lego and then substantive lego; the Govt does not intent to include Mr He’s suggested amendments in Tras Bill … Mr He should look out for details of how to participate it that in the coming months”, 

Julia Gillard MP, the Minister for Employment and Workplace Relations in her email of 19 February 2008 did not mention “Changing workplace relations laws to ensure the situation facing Mr He’s wife does not occur again”. She just wrote: 

“Members of the public will have the opportunity to comment on the proposed legislation and the Government would welcome your input at that time. Details on who to participate in this workplace relations process will be released in the coming months.”

Consequently, in the Fair Work Act 2009, Australian workers first time have rights under ss 341(1)(c) “to make a complaint or inquiry:
(i)     to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument”.
(ii)   if the person is an employee—in relation to his or her employment”.
Relevant sections are:
“Chapter 3—Rights and responsibilities of employees, employers, organisations etc.   

Part 3‑1—General protections

Division 3—Workplace rights


(1)  A person must not take adverse action against another person:
      (a)  because the other person:
            (i)     has a workplace right; or
            (ii)    has, or has not, exercised a workplace right; or
            (iii)   proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
      (b)  to prevent the exercise of a workplace right by the other person.
Note:   This subsection is a civil remedy provision (see Part 4‑1).
(2)  A person must not take adverse action against another person (the second person) because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person’s benefit, or for the benefit of a class of persons to which the second person belongs.
Note:   This subsection is a civil remedy provision (see Part 4‑1).

Meaning of workplace right
(1) A person has a workplace right if the person:
     (a) is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body; or
     (b) is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument; or
     (c) is able to make a complaint or inquiry:
         (i) to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument; or
         (ii) if the person is an employee—in relation to his or her employment.

(1)    The following table sets out circumstances in which a person takes adverse action against another person.
Meaning of adverse action
Item
Column 1
Adverse action is taken by ...
Column 2
if ...
1
an employer against an employee
the employer:
(a)        dismisses the employee; or
(b)        injures the employee in his or her employment; or
(c)        alters the position of the employee to the employee’s prejudice; or
(d)       discriminates between the employee and other employees of the employer.

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