Ged Kearney MP ignores systemic domestic legal & human rights abuses & must resign.

Ged Kearney MP ignores systemic domestic legal & human rights abuses & must resign.

0 have signed. Let’s get to 100!
At 100 signatures, this petition is more likely to be featured in recommendations!
Joe Calleri started this petition to ACTU and

Ged Kearney MP ignores systemic domestic legal & human rights abuses & must resign from Federal Parliament.

Please sign this petition demanding that Ms Ged Kearney, the Federal Member for Cooper, and ex-President of the ACTU, resign immediately from Federal Parliament for refusing to denounce and condemn the long-standing, serious, and systemic legal and human rights abuses being perpetrated daily in the Fair Work Commission. Ms Kearney, as you will read, is not a fit and proper person to sit in the Australian Parliament.

Recently, I wrote to Ms Kearney (my local MP) and raised with her the serious issues you will read below. I asked Ms Kearney to call a parliamentary enquiry into the Fair Work Commission, along with the apartheid-like laws contained in the Fair Work Act 2009. Through one of her aides - she did not have the courtesy of replying to me - she refused to do so.

Again through her aide, Ms Kearney refused to denounce, repudiate, or even comment on the openly discriminatory views of Fair Work Commission Vice President Hatcher that you will read below. I presume Ms Kearney’s reluctance is because the Fair Work Act is an ALP piece of legislation.

When Ms Kearney was President of the ACTU (from 2010), she and her union did nothing to denounce, repudiate or challenge the Fair Work Act through the courts.

Here’s what you need to know:

2019 marks the 10th anniversary of the passing of the Fair Work Act. The Fair Work Act was introduced into the Australian Federal Parliament in 2008 by former Prime Minister, Julia Gillard.

Australia’s industrial relations laws, are among the world’s harshest and most unfair. Fair Work Act sections 382 to 384 (the unfair dismissal sections) directly affect all of Australia’s 2.6 million casual employees and discriminate against them by imposing legal standards that do NOT apply to other employees when bringing unfair dismissal applications.

Sections 382 to 384 are a crude rehash of the old Work Choices legislation. This means that, Work Choices did not “die” on November 28, 2007 when former workplace relations minister Joe Hockey declared that, "Work Choices is dead", but is alive and well and flourishing in 2019!

Meanwhile, the Fair Work Commission operates unlike any other legal jurisdiction in Australia. It is the bizarro-world of Australian legal jurisdictions, described by one barrister as a “Kangaroo Court”.

Currently in Australia paedophiles, rapists, murderers, thieves and terrorists enjoy greater and more accessible legal and human rights – automatic rights to legal representation, rights to have the merits of offences tried in courts of law, rights to appeal including rights to appeal to higher courts - than Australia’s 2.6 million casual employees.

The Fair Work Commission:

Strips applicants of their basic legal rights and also of their basic human rights;

Denies them the ability for the merits of the legal applications to be heard, holding “jurisdictional hearings” in which the Commission decides whether or not it wishes to hear the merits or basis behind an unfair dismissal application;

Denies them the automatic right to legal representation;

Denies the right to appeal decisions unless the appeal is in the “public interest”;

Imposes artificial “probationary” periods upon applicants, not at the beginning of an employee’s employment, rather at the end of their employment, so that, even the employment of long term casual employees is regarded as short term; and

Accepts perjured and fabricated evidence and refuses to follow the matter up with the Australian Federal Police.

Fair Work Commission Vice President Adam Hatcher declared in writing in late 2017 that, the Federal Government is legally and constitutionally entitled to pass laws that discriminate against Australia’s hard-working casual employees.

These laws contravene the United Nations International Covenant on Civil and Political Rights that entered into force for Australia on 13 November 1980: Article 14(1) (equality before the courts and tribunals), read together with Article 2(1) (equal access to courts and tribunals), and Article 26 (equality before the law and entitlement to the equal protection of the law).

The Fair Work Act predates by two years the Parliamentary Joint Committee on Human Rights (established in 2011) that examines all legislation for compliance with Australia’s human rights treaties and standards. 

Unlike Ms Kearney, I have done everything in my power to challenge these apartheid-like laws including applying to challenge the unfair dismissal laws in the Federal Court of Australia. I was prepared to personally appear before the Federal Court to attack these laws. Bear in mind that, an earlier iteration of these laws when they were in the form of Regulation 30B of Work Choices were declared in 2001 by the Federal Court of Australia as being unlawful since they discriminated against entire classes of casual employees.

These laws are a national disgrace; a national and international embarrassment. Can you imagine any other Australian legal jurisdiction operating in the same manner? Hordes of QCs would pound down the doors of the High Court of Australia demanding that their clients’ legal and human rights must be protected. But, since we are dealing with casual employees, your fellow Australians who are among the most vulnerable members of Australian society, these laws are deemed “acceptable”, lawful even.

To ensure that no other Australian ever suffers the indignity of being denied justice and redress before the Fair Work Commission, I ask you to please sign this petition demanding that Ms Kearney resign from Federal Parliament.

 

0 have signed. Let’s get to 100!
At 100 signatures, this petition is more likely to be featured in recommendations!