High Court challenge to Howard’s ad campaign

By Barry Johnson

The High Court challenge by the ACTU and the ALP to the Federal Government's $20 million publicity campaign in support of its proposed industrial relations changes began on August 30.

Justice Michael Kirby called for Government spending to be more transparent and accountable and that control of the public purse and accountability for the way it was spent was what "battles and revolutions had been fought over".

Solicitor-General David Bennett QC argued that the advertising spending was supported by a line item in the budget of appropriations authorising expenditure on "higher productivity, higher paid workplaces". He also rejected the ACTU/ALP submission that any authorisation had to be in the Portfolio Budget Statements (PBS) but continued that, even if that were the case, the workplace relations PBS provided for spending on "legislation development services" and advertising fell within that section. Bennett also claimed that specific advertising dollars had been omitted from the PBS because the Federal Government had not anticipated that the ACTU would run an anti-legislation campaign. It is difficult to believe that the Federal Government could have been so naive.

Bennett then argued that the advertising spending was justified because one could anticipate that the ACTU campaign would foment industrial action. Advertising to counter this fell within the authorisation for "higher productivity workplaces". Remember, the Minister for Workplace Relations, Kevin Andrews, told supporters at a Liberal Party fund raising function that the Federal Government's advertisements were never meant to be read but later defended the advertising spending in question time on August 18 saying it was necessary to counter the "misleading ACTU advertisements".

The Federal Government's publicity campaign is designed to convince the Australian people that it's proposed changes to Australia's industrial relations laws and system is in their best interests. There is substantial evidence available to everyone that even the current Federal system has shifted the balance in favour of employers at the expense of employees both in terms of wages and conditions. It stands to reason that further changes yet to be announced in draft legislation by the Federal Government will further alter the relationship to the detriment of employees. All thinking Australians know this will be the outcome. No amount of Federal Government advertising will convince any of us that any other outcome is possible.

It is interesting to note that the Federal Government has bypassed its own public servants in drafting the legislation and has brought in lawyers from Australia's biggest corporations to assist. While the details are still hidden from public scrutiny, we are told not the worry and that we will all be better off when these changes are enacted. It is good to know that there are still fairies at the bottom of the garden!

Barry Johnson is the General Secretary.

IR Day of Action set for November 15

AWAs already on the agenda for teachers

Shame file

States start to cave in to Federal Government

They said what?

Victoria and South Australia reject ranking students by quartile

For further information

September 2005 contents