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Last updated: 4 March 1997

Circular 1997/1: Membership of unions by Commonwealth Public Servants

This publication remains current but needs to be read taking into account the repeal of the old Act and the proclamation of the new Act

The Guidelines on Official Conduct of Commonwealth Public Servants contains advice relating to industrial activity by public servants. The advice contained in chapter 7, Participating in Industrial Activities, reflected government policy at the time of its publication.

This circular is to notify agencies that the advice contained in the guidelines should be changed to reflect the current Government's position which is to neither encourage nor discourage union membership by Commonwealth public servants. The section on page 41 should be amended as follows:

The paragraph commencing with: "Public servants have the right to be involved in public life e" and ending with " e to participate in union activities" should be replaced with:

"Public servants have the right to be involved in public life like other members of the community, including participation in trade unions. They have the freedom to choose whether or not to join or remain a member of a union, the freedom to choose which union to join and the freedom to participate or not to participate in any union activities.

The role of APS agencies is to ensure that they neither encourage nor discourage union membership by their employees. However, they should ensure that employees are not subjected to any victimisation or discrimination on the grounds of their affiliation or non affiliation with a trade union. Any union activity that may be incidental to the conduct of normal business should not be regarded as either encouragement or discouragement of union membership. The overview to the Department of Industrial Relations' publication The Guide to APS Pay and Conditions of Employment should be read in conjunction with this circular."

The Guidelines on Official Conduct will be revised in the context of the new Public Service Act and will reflect this change.

Please ensure that this information is drawn to the attention of all staff.

 

Mary Reid
Acting Team Leader
Managing Performance Team
January 1997