CPSU wins Nov 30 leave case

Date: 28 November 2006

CPSU Secretary, Stephen Jones

Action by the Community and Public Sector has overturned a Federal Court decision preventing public servants using their leave entitlements to attend the ACTU national protests on November 30.

A full bench has today upheld the right of an Office of Employment Advocate (OEA) employee to seek leave to participate in the November 30 rally.

CPSU National Secretary, Stephen Jones said the decision is crucial for two reasons. "Firstly, it confirms that employers do not have the right to tell employees what they can or can't do in their own free time.

"Secondly, it sends a clear message that public service managers must not allow their own political views to dictate how they treat employees.

"The Court has also raised concerns that the OEA's actions may have been a breach of the Public Service Act," he said.

As a result of today's decision the OEA has been ordered to email all OEA staff (see below) retracting the previous advice banning leave on Nov 30, and reassess any application for leave that may have been refused.

From: WEIR, Tom
Sent: Tuesday, 28 November 2006 16:47
To: OEA - <ALL STATES> Subject:

Dear Colleagues

I refer to the email to all employees from the Corporate Director, Ann Skarratt, of 18 October 2006 regarding leave applications for 30 November 2006.

All employees are to disregard the email/directive from Ms Skarratt of 18 October 2006. The Directive is to have no application to the determination of leave applications made for 30 November 2006. Any such leave applications will be considered in accordance with normal agreement and agency procedures.

Managers will reassess all applications made between 18 October 2006 and 28 November 2006 for leave to be taken on 30 November 2006. The reassessment of such applications for leave is to be undertaken in accordance with normal agreement and agency procedures, without reference to the above email of 18 October 2006. Any such applicants for leave will be notified of the result of the reassessment by 2.00 pm on 29 November 2006.

Tom Weir
Acting Director Corporate
Office of the Employment Advocate

Media reports

• Union wins leave entitlement for rally: Herald Sun
• Court rules for worker's right to protest: ABC Online

Background:
The union was appealing a decision by Justice Dennis Cowdroy's last week which had upheld the Office of Employment Advocate's (OEA) decision to ban all leave on November 30.

Management at the Office of Employment Advocate (OEA), the government department charged with the maintenance and promotion of individual contracts, issued a blanket ban on all staff taking leave on Thursday 30 November.

In an internal memo dated 18 October, the OEA Corporate Director stated that all "leave (including flex leave) will not be approved for staff to participate in the 'National Day of Community' protest."

Despite getting a flex application in early, an OEA staff member's request to have the morning off was denied by management, citing the department-wide policy to ban all leave on November 30.

When the CPSU applied for an urgent injunction last week, Justice Dennis Cowdroy ruled in favor of the OEA and also found the CPSU was ineligible to bring the case against the employer - a ruling that has now been over-turned.

November 30: Half a million Australians are expected to take part in the National Day of Action, a community protest against the Howard Government's industrial relations laws, on Thursday 30 November 2006.

Click here for further Nov 30 information http://www.cpsu.org.au/campaigns/IRCampaign/

For further information

Union:	CPSU
Phone:	0417 261 152 (jones)
Contact Mobile:	Dermot Browne
Fax:	0408 265 081
Email:	dermot.browne@cpsu.org.au

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