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Hard To Believe Employer Would Pull Such A Stunt (Read 807 times)
imcrookonit
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Hard To Believe Employer Would Pull Such A Stunt
Oct 28th, 2010 at 6:25pm
 
     

Threatened with the sack for sending an email to workmates



A union delegate employed by the Australian Taxation Office in Adelaide is facing the sack for sending an email about a lunchtime union meeting, writes CPSU Deputy Secretary, Rupert Evans


It's hard to believe that in this day and age - post-WorkChoices - any employer would pull such a stunt. It's even harder to believe this is happening in the Australian Public Service - the public service that our taxpayer dollars funds.

But that's exactly the scenario facing Alan*, who works at the ATO's Waymouth Street office.

On 19 October, Alan sent a short email to 30 colleagues advising them that a union meeting would be held at lunchtime that day and the next to inform members and potential members about a change in bargaining arrangements at the APS next year.

Sounds pretty innocuous, doesn't it?

Well, not according to the ATO's management who deemed that the email was a "blanket or broadcast email", despite the fact it went to just 30 of the ATO's 22,000 staff.

As well as giving Alan a formal written warning, ATO management have flagged action against an unspecified number of other CPSU delegates for similar actions.

The ATO wants to stop union delegates letting members know about their opportunity to have their say about their future pay and conditions.

The ATO claims Alan's action is a breach of ATO policy.

However the CPSU believes that ATO's unilaterally imposed policy on workplace representation and delegates' rights does not comply with the Gillard government's policy on APS Industrial Relations.

Worse, action of this nature by employers is a breach of the Fair Work Act 2009, which establishes protections for members and delegates and sets a minimum standard of rights for all Australian workers.

Government policy as set out in the Australian Government Employment Bargaining Framework says agencies will seek to facilitate official union communication with employees and that agencies are to respect and facilitate the role of union workplace delegates.

Government policy also notes that it is unlawful for anyone to try and stop an employee exercising this choice by threats, pressure, discrimination or victimisation.

The action taken against Alan is outrageous and the CPSU has written to the Commissioner of Taxation seeking immediate withdrawal of the warnings given to Alan and threats to other CPSU delegates.

The action taken against Alan is unlawful, discriminatory and unacceptable in the public service or in any workplace.

There has been a huge show of support for Alan, and the CPSU is holding a rally in Adelaide today to both support him and the right to talk to staff about employment issues at work
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Verge
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #1 - Oct 29th, 2010 at 8:41am
 
Maybe Alan* should have used his own private email account to send the notice.
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Dnarever
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #2 - Oct 29th, 2010 at 9:02am
 
Verge wrote on Oct 29th, 2010 at 8:41am:
Maybe Alan* should have used his own private email account to send the notice.



While that is an obvious solution it still remains that the employer in taking this action is clearly in breach of industrial law.

It is truley amazing how many employer / managers have not got a clue.
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locutius
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #3 - Oct 29th, 2010 at 9:11am
 
Quote:
     

However the CPSU believes that ATO's unilaterally imposed policy on workplace representation and delegates' rights does not comply with the Gillard government's policy on APS Industrial Relations.

Worse, action of this nature by employers is a breach of the Fair Work Act 2009, which establishes protections for members and delegates and sets a minimum standard of rights for all Australian workers.

Government policy as set out in the Australian Government Employment Bargaining Framework says agencies will seek to facilitate official union communication with employees and that agencies are to respect and facilitate the role of union workplace delegates.

Government policy also notes that it is unlawful for anyone to try and stop an employee exercising this choice by threats, pressure, discrimination or victimisation.

The action taken against Alan is outrageous and the CPSU has written to the Commissioner of Taxation seeking immediate withdrawal of the warnings given to Alan and threats to other CPSU delegates.

The action taken against Alan is unlawful, discriminatory and unacceptable in the public service or in any workplace.

There has been a huge show of support for Alan, and the CPSU is holding a rally in Adelaide today to both support him and the right to talk to staff about employment issues at work


Then haul the ATO before an industrial court and fine them in time for the employees christmas break.
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Verge
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #4 - Oct 29th, 2010 at 10:58am
 
Dnarever wrote on Oct 29th, 2010 at 9:02am:
Verge wrote on Oct 29th, 2010 at 8:41am:
Maybe Alan* should have used his own private email account to send the notice.



While that is an obvious solution it still remains that the employer in taking this action is clearly in breach of industrial law.

It is truley amazing how many employer / managers have not got a clue.


Actually the employer isnt technically in breach from what I read.  They havent prevented him from informing fellow employees or prevented him from attending.

They have prevented him from unauthorised use of electronic mail.

Simple thing is he should have been working, and using his own media to contact those.

You arent employed as a union rep, you are employed to do your job.
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It_is_the_Darkness
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #5 - Oct 29th, 2010 at 11:02am
 
Agree with Verge.
Sack em big time!
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SUCKING ON MY TITTIES, LIKE I KNOW YOU WANT TO.
 
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #6 - Oct 29th, 2010 at 11:41am
 
Verge wrote on Oct 29th, 2010 at 10:58am:
They have prevented him from unauthorised use of electronic mail.


Government policy as set out in the Australian Government Employment Bargaining Framework says agencies will seek to facilitate official union communication with employees and that agencies are to respect and facilitate the role of union workplace delegates.

The official rules they work under includes provision to facilitate this type of communication, use of the email system is explicitly allowed.

.
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It_is_the_Darkness
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #7 - Oct 29th, 2010 at 11:52am
 
I would really hate to be an employer in this country.
You gotta pay everyone else - Unions, SuperAnnuations, Empoyment Agencies, etc  ...besides just the Worker.
Hire a Robot I says!
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SUCKING ON MY TITTIES, LIKE I KNOW YOU WANT TO.
 
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aussiefree2ride
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #8 - Oct 29th, 2010 at 2:13pm
 
It_is_the_Darkness wrote on Oct 29th, 2010 at 11:52am:
I would really hate to be an employer in this country.
You gotta pay everyone else - Unions, SuperAnnuations, Empoyment Agencies, etc  ...besides just the Worker.
Hire a Robot I says!



You got that right, for the past 6 yrs I`ve been outsourcing
OS, they get the work done on time, every time, they pay attention to detail, and they act with integrity and respect.  GO BROADBAND!
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Life_goes_on
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #9 - Oct 29th, 2010 at 2:55pm
 
Quote:
While that is an obvious solution it still remains that the employer in taking this action is clearly in breach of industrial law.

It is truley amazing how many employer / managers have not got a clue.


If the OP isn't stretching the truth or missing some important details, then why didn't the union delegate object to and appeal the reprimand?

If he broke no rules then the reprimand would have been withdrawn.
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gizmo_2655
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #10 - Oct 29th, 2010 at 3:03pm
 
Life_goes_on wrote on Oct 29th, 2010 at 2:55pm:
Quote:
While that is an obvious solution it still remains that the employer in taking this action is clearly in breach of industrial law.

It is truley amazing how many employer / managers have not got a clue.


If the OP isn't stretching the truth or missing some important details, then why didn't the union delegate object to and appeal the reprimand?

If he broke no rules then the reprimand would have been withdrawn.


I think it's because the delegate IS in the wrong, and knows it..

"An ATO spokesman said its Employee Consultative Representative Framework disallowed union delegates from sending "unsolicited emails to ATO employees who are not union members or who have not notified the union they want to receive material from them".

"If an ATO employee is not complying with any policy whatever it covers, or has indicated they do not intend to comply with any policy, we will issue them with a direction to follow the policy.

"If they still contravene our policy after they have specifically been directed not to, we can take conduct action.""


He sent the message to NON Union members too, which is against the ATO rules...

And the union delegate isn't facing the sack...he received a warning not to send emails to non union members, unless they've asked him to..
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Re: Hard To Believe Employer Would Pull Such A Stunt
Reply #11 - Oct 29th, 2010 at 3:16pm
 
I should have read all the OP.

It appears they are appealing the decision. If he broke no rules then it will be reversed.

In my opinion it's a bit rude of the union to publicise this before the process has run its course.

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"You're just one lucky motherf-cker" - Someone, 5th February 2013

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