28 April
  • Chief Commissioner says members don't have union rights (47/08)

Chief Commissioner says members don't have union rights

Chief Commissioner Christine Nixon says that the Workplace Relations Act prohibition on employers victimising staff because of their union activities does not apply to Victoria Police.

 This will affect you!

Under the Commonwealth Workplace Relations Act 1996, it is unlawful for an employer to terminate, injure or prejudicially alter an employee's employment or threaten to do so, for the reason that they are active in their union.

This enshrines a fundamental human right – freedom of association.

It protects every single worker in Victoria. Except police officers, according to Ms Nixon.

Notice was given recently that this outrageous proposition espoused by Ms Nixon is going to be put forward by the Chief Commissioner and the State Government in the Federal Court case brought against them by the Association. The case alleges that Ms Nixon's suspension of Paul Mullett on full pay (when he had been on leave without pay for 15 years!) was done because of his union activities.

The Chief Commissioner and the State of Victoria are going to argue that the freedom of association provisions of the Workplace Relations Act do not apply to police members at all. Is this a way the Chief Commissioner can hide behind not giving evidence and therefore not being cross examined?

The Chief Commissioner is saying that she can sack, discriminate against or threaten Association representatives and members who have the intestinal fortitude to oppose her attacks on our conditions and defend our rights.

We wonder whose idea it was to raise this argument.

Was it just the Chief Commissioner continuing her quest for more extreme powers against police members? Or have Mr Brumby and his government had a hand in it as well?

Mr Brumby should come clean and tell us his position.

Does Mr Brumby believe that police should not have the same protection under the freedom of association laws as every other worker in Victoria?

The Association will strenuously contest this astonishing argument in the Federal Court case.

In the meantime, Ms Nixon can rest assured that the Association and our representatives and members will not be intimidated and will continue to vigorously protect our conditions and rights.

Bruce McKenzie

Assistant Secretary