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Monday, 23 August 1999
Page: 7583


Senator Murray asked the Minister for Employment, Workplace Relations and Small Business, upon notice, on 30 June 1999:

(1) In 1998, were any company injunctions taken out under the Workplace Relations Act 1996 or the Trade Practices Act 1974 against protests and boycott actions by consumers, environmentalists or human rights activists, whether individuals, groups or body corporate; if so, can details be provided.

(2) Have any complaints been received, since the promulgation of the Workplace Relations Act 1996 and the new sections 45D, 45DA and 45DB of the Trade Practices Act 1974, that the new Act has stifled environmental, human rights, spiritual, cultural or consumer protest in any way; if so, can details be provided.


Senator Alston (Communications, Information Technology and the Arts) —The Minister for Employment, Workplace Relations and Small Business has provided the following answer to the honourable senator's question:

(1) Under the Workplace Relations Act 1996 (WRA), the provisions authorising the issue of injunctions are concerned with various industrial matters (eg, enforcing orders made about industrial action, unfair and unlawful dismissal, and enforcing certain other provisions relating to industrial action, freedom of association, Australian Workplace Agreements, right of entry, strike pay, industrial election inquiries). Injunctions may also be obtained under the Trade Practices Act 1974 (TPA), among other things to enforce the boycott provisions (sections 45D, 45DA and 45DB).

My department monitors cases where these injunctions are sought, although it does not have direct responsibility for administering the provisions of the TPA. My department has no record of any instance in 1998 where an injunction was granted in accordance with the WRA or the current boycott provisions of the TPA in circumstances involving protests and boycott actions by consumers, environmentalists or human rights activists, whether individuals, groups or bodies corporate.

The Assistant Treasurer has indicated that neither the Department of the Treasury nor the Australian Competition and Consumer Commission is aware of injunctions granted in 1998 under the current boycott provisions of the TPA against any individual, group or body corporate in relation to protest or boycott action by consumers, environmentalists or human rights activists.

(2) I have no record of any complaints that the WRA or the current boycott provisions of the TPA have in any way stifled environmental, human rights, spiritual, cultural or consumer protest. The Assistant Treasurer has also advised that he, the Treasurer and the Minister for Financial Services and Regulation are not aware of any complaints that the new boycott provisions of the TPA have stifled such protests.