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1 FOI From: LLOYD,John Sent: Thursday, 1 March 2018 4:42 PM To: s 22(1)(a)(ii) Subject: Brief given to Minister's Office [SEC=UNCLASSIFIED] Attachments: wong f18.docx UNCLASSIFIED Attached. John Lloyd PSM l Commissioner Australian Public Service Commission Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600 GPO Box 3176 CANBERRA ACT 2601 P: +s 22(1)(a)(ii) l W: www.apsc.gov.au Freedom Information Act of 1982 under the Documents released by the Australian Public Service Commission 1 2 Canberra Times Article 26 February 2018 Australian Public Service Commissioner Evidence to Senate estimates 1. s 47F 2. s 47F in my role as Australian Parliamentary Services Commissioner. The meeting discussed the standard of questioning at Estimates hearings. 3. On this occasion the matter in contention is my response to a doorstop interview Senator Wong gave in February 2015. s 47F 4. I conveyed my view s 47F 5. This issue was traversed in Estimates in October 2017. s 47F 6. My view is that s 47F 7. The article also refers to our decision not to perform a search of my emails over an 18 month period. Our system which is managed externally has had persistent problems with interrogating archived emails. We considered the examination of the emails could not be Freedom Information Act of 1982 justified, given the diversion of resources involved. I consider that conclusion was justified and it was conveyed in an answer to a Question on Notice. under the John Lloyd 1 March 2018 Documents released by the Australian Public Service Commission 3 From: LLOYD,John To: CROSTHWAITE,Kerren Subject: Draft points for Ministers office [SEC=UNCLASSIFIED] Date: Thursday, 1 March 2018 11:37:10 AM Attachments: wong f18.docx UNCLASSIFIED Attached Any comments appreciated. John Lloyd PSM l Commissioner Australian Public Service Commission Level 5, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600 GPO Box 3176 CANBERRA ACT 2601 P: +s 22(1)(a)(ii) l W: www.apsc.gov.au Freedom Information Act of 1982 under the Documents released by the Australian Public Service Commission Freedom Information Act of 1982 under the Documents released by the Australian Public Service Commission Freedom Information Act of 1982 under the Documents released by the Australian Public Service Commission 6 APS boss defends email he sent regarding Labor senator Canberra Times, General News, 27/02/18, page 6 APS Commissioner John Lloyd has defended an email to his former IPA colleagues about Labor Senator Penny Wong, saying it was a 'natural' reaction to do so. In a heated Senate estimates hearing on Monday, the public service boss said that as the comments were not about policy or made publicly, they were appropriate. Press Clip: http://www.mediaportal.com/0hw1094052313 Text Link: http://www.mediaportal.com/0hw1094052314 The Public Service Commission's amazing multiplying emails Crikey.com.au, Current Affairs, 26/02/18, page 1 Estimates have revealed a new discovery in physics by the Australian Public Service Commission. Last October, APSC head John Lloyd -- the right-wing industrial relations hardliner who used to head the Australian Building and Construction Commission (ABCC) -- was busted emailing his former colleagues at the Institute of Public Affairs (IPA). Press Clip: http://www.mediaportal.com/0hw1094052315 Text Link: http://www.mediaportal.com/0qo1094052316 Employment and Workplace Relations Issues Judge slams union's 'deplorable' record Australian Financial Review, General News, 27/02/18, page 4 A Federal Court judge has warned the construction union's 'deplorable' history of breaking workplace laws means even its less-serious conduct can now attract heavy penalties. Justice Richard Tracey made the comments after ordering the Construction, Forestry, Mining and Energy Union and its Victorian delegate Godwin Farrugia pay $105,000 for enforcing a closed union shop at a Quest Apartments construction site in Tullamarine. Press Clip: http://www.mediaportal.com/0qo1094052317 Text Link: http://www.mediaportal.com/0mz1094052318 FWC calls BS in overturning unfair dismissal ruling Australian Financial Review, Leadership, 27/02/18, page 28 A controversial unfair dismissal ruling that held 'f- dog c-' was unexceptional language in the workplace has been overturned after the Fair Work Commission found the decision significantly downplayed the misconduct A full bench majority held commissioner Bernie Riordan 'mischaracterised' South32 miner and Construction, Forestry, Mining and Energy Union lodge president Matthew Gosek's abuse and threats to co-workers who participated in a workplace investigation, including by calling them 'f-dog, c---' and dog c---' and threatening to hunt down and destroy them. Commissioner Riordan ordered South32 to give Mr Gosek his job back at Illawarra Coal after considering the phrase 'f- c-' was 'commonly used across all walks of life' and that alcohol and mental health issues mitigated his conduct. Press Clip: http://www.mediaportal.com/0vr1094052319 Text Link: http://www.mediaportal.com/0vr1094052320 Shorten's IR promise to militant CFMEU The Australian, General News, 27/02/18, page 1 Bill Shorten vowed to tear up the nation's industrial laws, which he described as a 'cancer', during a rallying speech late last year to workers at a Queensland coalmine where CFMEU protesters were revealed to have allegedly threatened to rape the children of non-striking workers. In a secret recording of the Opposition Leader's stump speech delivered at the Oaky North coalmine on October 6, Mr Shorten told striking CFMEU workers that he would rewrite labour laws if he won office. Press Clip: http://www.mediaportal.com/0vr1094052321 Text Link: http://www.mediaportal.com/0vr1094052322 Fair Work decision to sack unionist for swearing 'unfair' The Australian, General News, 27/02/18, page 6 A controversial Fair Work Commission ruling that a CFMEU delegate who abused and threatened his colleagues was unfairly dismissed has been overturned. In his decision upholding the unfair dismissal application, Commissioner Bernie Freedom Information Act of 1982 Riordan said the expression 'f..king c..t' was commonly used across all walks of life and the sacked employee worked in a mine where inappropriate language had been condoned for five years. Press Clip: http://www.mediaportal.com/0rb1094052323 under the Text Link: http://www.mediaportal.com/0rb1094052324 Wages fall below rate of inflation Sydney Morning Herald, General News, 27/02/18, page 3 Documents released by the Australian Public Service Commission The growth in full-time wages fell below inflation last year, leaving the median working person with an effective pay cut and underlining the cost of living challenge facing the Turnbull government. Figures from the Australian Bureau of Statistics show median full-time wages - which measure the pay rises of up to 70 per cent of the working population - fell below the increasing cost of a consumer basket, while full-time male casual workers have taken a pay cut for the past 7 four years. Press Clip: http://www.mediaportal.com/0rb1094052325 Text Link: http://www.mediaportal.com/0at1094052326 Also displayed in the Age Spotless faces legal action Sydney Morning Herald, General News, 27/02/18, page 10 Australian company Spotless is facing legal action for allegedly breaching workplace laws when it failed to pay redundancy entitlements to workers it sacked. The Fair Work Ombudsman has alleged Spotless Services Australia Limited contravened the Fair Work Act when it failed to pay a total of $29,013 in redundancy entitlements owing to three workers in documents lodged with the Federal Court. Press Clip: http://www.mediaportal.com/0at1094052329 Text Link: http://www.mediaportal.com/0at1094052330 Coles staff agree to wage deal but it faces overtime test Sydney Morning Herald, Business News, 27/02/18, page 21 Coles workers have voted up a new wage deal that will pay higher rates and penalties but the new agreement will still face scrutiny in front of the industrial umpire after a rival union signalled concerns about overtime entitlements. Coles negotiated the new agreement with the Shop, Distributive and Allied Employees Association (SDA) after the Fair Work Commission tore up a previous deal that left employees tens of millions of dollars worse off every year. Press Clip: http://www.mediaportal.com/0kl1094052331 Text Link: http://www.mediaportal.com/0kl1094052332 Also displayed in the Age and the Canberra Times Bureau of Meteorology staff take industrial action over pay dispute Perth Now, Other, 26/02/18 Stormy conditions are forecast for the Bureau of Meteorology after staff there launched protected industrial action as part of a long running dispute over their enterprise bargaining agreement. Bureau staff haven’t had a pay rise for more than four years as they fight to keep rights and conditions, particularly for remote area and shift workers. Under the action, which began last week and will continue until March 19, phones will go unanswered unless the calls relate to current or forecast severe weather. And, the union has issued a warning that there could be further, escalated action in future. Online Clip: http://www.perthnow.com.au/news/weather/bureau-of-meteorology-staff-take-industrial-action-over- pay-dispute-ng-b88757380z Other Government News PM orders investigation into Joyce's conduct Australian Financial Review, General News, 27/02/18, page 7 Barnaby Joyce's resignation has failed to draw a line under his affair after it emerged an audit of his travel spending is
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