Sensational Defamation Claims- Who is telling the truth?

PSA members participating in this election would have received a flyer in the post last week from our opponents in the McMahon Team claiming that in arguing our case for change, we have circulated 'defamatory material'.

At Independent Voice we take this to be the most serious of accusations.

Let's be absolutely clear - the McMahon Team has accused us of lying to you in the material that we produced. If this were true, we would not be entitled to ask for your support in our campaign to reform the union. You can see why this is deadly serious for us! On the day that we saw the McMahon Team Leaflet (18 May), we wrote to the person who authorised it. PSA president Lindsay Oxlad. After he returned from putting in the hard yards on behalf of members in Surfers' Paradise on 24 May, he finally contacted PSA Independent Voice to let us know that he thought that we had made defamatory statements. Below we have included his letter.

Here is each claim and our responses:
JAN MCMAHON WASTED 600 YEARS OF YOUR MEMBERSHIP FEES ($250, 000) ON ADVERTISEMENT SUPORTTING LABOR AT THE LAST ELECTION

Well, it's hard to draw any other conclusion! Political commentators, journalists, academics, pollsters and anyone else who knew anything about state politics were unanimous in their view that Labor would win in a landslide. Even 5 Liberal MP's knew this and retired.

Unfortunately for us, Jan McMahon didn't notice, and spent our hard earned money on advertisements on an election where the outcome was already clear.
But "hang on" you might say, for such a strong statement of political support for the labor party, they must have secured some important protections for PSA members on job cuts before they signed the cheque. Surely giving away political independence would be worth some rock-solid commitments on wages?

Guess what? Not a cracker!

All we have now is basically what we had under the previous Liberal Government. No forced redundancies, i.e. we'll drive you out by starving you of meaningful work.
This was not worth $250 000 and we stand by our statement that Jan McMahon wasted our money.

Jan McMahon wasted almost a million dollars of your money at our last wage arbitration case.
Again, the result speaks for itself. The McMahon Team has previously dishonestly claimed that the Government 'forced' the union to go to arbitration. According to the rules of the Industrial Relations Commission, claims can only be arbitrated if the union and the employer agree to it. Let there be no misunderstanding-
The McMahon Team chose to arbitrate our claim. But here's the rub: We members were never asked what we thought. The McMahon decision to go cap in hand to the IRC, rather than fighting it out on the ground, cost members dearly. To decide whether our money was wasted or not, you need to look at the case itself, which is available on www.industrialcourt.sa.gov.au

Some of the highlights or lowlights if you are a PSA member include:

• PSA original claim was thrown out of court wrongly run and they had to completely change their argument midway through the case, when the PSA was told the case they had no chance of winning.

• The McMahon Team's economic evidence was exposed as being wrong and was full of basic flaws such as miscalculating the consumer price index.
  
• Instead of doing proper research and presenting extensive evidence from members in the workplace the McMahon Team presented the annual report of each department to the court to show that we were entitled to a pay rise. The court decided what we already know : Annual reports are full of spin and present the best possible picture of activities of the department and so this evidence was rejected.
  
• Leaving aside the obvious incompetence of how the case was run, we believe that the union made a fundamental strategic mistake in failing to have confidence in us to take action in support of a fair pay increase.
  PSA Independent Voice stands by our claim The McMahon Team wasted our money in the handling of this critical case.
  

PSA Members Will Not Be Silenced

PSA Members Will Not Be Silenced
When we first decided to begin the campaign for change within our union, many members told us to beware of dirty tricks. We told that instead of standing on their record, and defending their management of the union, they would use underhanded methods to try to silence us.
We have been surprised at the lengths that the McMahon Team will go to try to stifle discussion about the future of our union. Here is just one example, which gave us a bit of a laugh:
----------------------------------------------------------------------------------
Lindsay Oxlad
4 Lender court
HIGHBURY SA 5098

22 May 2006

John Kirkham

PSA Independent Voice
PO BOX 587
HENLEY BEACH SA 5022

Dear Sir

Re: Defamation

I have only just received your 18 May 2006 letter.

I believe that your electioneering material is defamatory of the McMahon Team candidates and of Jan McMahon in particular.
Y

ou have falsely and maliciously stated in your electioneering material that Jan McMahon "...wasted almost a million dollars of your money on a court case....says she is politically independent, but her actions prove otherwise. She wasted $250,000 of your money supporting Labor...is in Labor's pocket....".

This defamatory material is contained in your email to PSA members in your PSA INDEPENDENT VOICE publication.

I demand that you immediately publish an apology in terms as attached.

Yours faithfully
(signed by Nev Kitchin)
Lindsay Oxlad

OUR MESSAGE TO LINDSAY OXLAD: WE STAND BY ALL OUR CLAIMS-WE WILL NOT BE INTIMIDATED BT THREATS OF DEFAMATION ACTION.

The Latest From The Campaign

PSA INDEPENDENT VOICE
_____________________


Thank you very much to all the members for the overwhelming support that we have received so far. We have received hundreds and hundreds of emails, phone calls and even letters from members who support what PSA Independent stands for.

PSA members across SA have told us of the need for change in our union – but time is running out – unless your ballot is posted by Tuesday 30 My 2006, your vote will not be counted. If you have not received a ballot paper, or you need a new one, please call AEC Returning Officer Stephen Gordge on 8375 7124 NOW!

ASO members are in a privileged position; we are the only members in this election who actually get a choice about whether to put up with more of the same from the McMahon Team, or vote for a change for the better who will stand for:
ü Regular member meetings- you will actually get a say!
ü More organisers on the ground-not just at election time
ü A little less conversation; a little more action-a genuine campaign on wages and job cuts
ü Union money to be spent building the union-not wasted on endless research and boosting Jan McMahon’s media profile
ü A more representative union-we will actually consult with members
ü Work with other unions to build a united front against John Howard’s unfair Work Choices legislation.

We have been heartened to see the strong support amongst members for this approach. The choice is clear: if you want more of the same, re-elect the McMahon Team. If you thin our union needs an independent voice, we ask for your support.

In the last 3 weeks we have been fortunate to meet members across a range of workplaces, and really listen to the issues that matter to you. Across metropolitan sites, we heard about how petrol prices have swallowed up last year’s pay increase and how important it is to get a decent increase in our next pay agreement. In Port Pirie, we hear from members who told us about their anger at facing a further round of restructuring and job cuts in an already depressed labour market.

A CLOSE ELECTION

This election is going to be very close, every vote will count and we need your vote to ensure an independent voice on PSA Branch Council. Branch Council is the governing body of our union; it makes ALL the significant decisions of the union. Without your vote the McMahon team will hold all 29 positions on branch council; there will be no independent voice on branch council and all decisions will pass without debate or transparency.

DIRTY TRICKS

PSA members may have received a flyer in the mail last week from our opponents claiming that in arguing our case for change we have circulated “defamatory material’. At Independent Voice we take this to be the most serious of accusations.

Let’s be absolutely clear – The McMahon Team have accused us of lying to you in the material we have produced. If this were true, we would not be entitled to ask for your support in our campaign to reform the uion. You can see why this is very serious for us!

We have written a comprehensive response to these claims at our website http://www.psa-independent-voice.blogspot.com/. We have included a copy of the letter of demand from The McMahon Team, which we hope will give you a laugh.

Clearly, we stand by all the claims we have made. We will not be silenced by threats of defamation action.
The McMahon Team has also lodged a complaint with our employer in an attempt to gag us. Leaving aside the appalling lack of union principles shown by running to the boss for protectiion from the democratic process in a union election, it also reveals what is wrong with the current leadership.

Instead of the needing protection from a debate amongst members about the future of our uinion, a genuine leadership would actually encourage it.

The McMahon Team candidates for Branch Council in Electorate 5 (your electorate) also showed their keeness to stifle discussion when all 9 of them refused to participate in the only candidates forum planned during this eleection. Why didn’t they want to face the members to defend their actions?

For how to vote PSA Independent Voice Click Here: http://www.psa-independent-voice.blogspot.com/2006/05/how-to-vote-psa-independen_114774885318260325.html

If you require more information about PSA Independent Voice, please visit our website http://www.psa-independent-voice.blogspot.com/, or you can contact us on independent-voice@aapt.net.au or phone 0414 411 526

Yours in unity
Marie Boland James Mc Comb Graham Warren John Kirkham
Candidates For PSA Branch Council

Campaign UpDate

You Speak We Listen

Dear PSA Member

YOU SPEAK WE LISTEN

Thank-you for your overwhelming response to our email sent last Friday.

We have been surprised at the broad range of issues that members have raised, from the role of the union in the fight against climate change to local concerns about staffing and everything in between. If you have not yet heard back from us directly, we will be in contact in the next day or so, as we are preparing a detailed response to each query and question.

It is clear that many members care deeply about our union, but also share our unease about the direction that PSA has been heading. During the last few days we have also had the opportunity to meet directly with members at the following worksites: -

31 Flinders Street State Administration Centre
Roma Mitchell House Noarlunga House
77 Grenfell Street 91 Grenfell Street
100 Wakefield Street 1 Richmond Road
Netley Riverside Centre
45 Pirie Street

As we have moved around these worksites, a few common themes have emerged. These themes are best described by the following stories: -

Danielle told us about how she constantly takes work home and how this affects things at home. She often has to choose between finishing her files and helping with homework. Homework doesn’t always win.

Ngoc has been doing the work of an ASO4 for 2 years, whilst his supervisor has been acting in a higher position. He is still only paid as an ASO3, because his manager says there is no money in the budget.

Brian is an ASO5, and has been in the same job for 21 years. Because he is on the top increment, the only increases he gets are the annual pay rises. As the price of petrol goes through the roof, last year’s pay rise doesn’t even cover the increase in getting to work.

What all these members have in common is that when they have turned to the union they were given the brush-off. Instead of being encouraged to work with other members (and recruit new ones) around these issues, they were told nothing could be done. This is simply not good enough.

We at PSA Independent Voice believe that now is the time to start building the foundations for a strong union. A union that will support members who want to say no to unfair workloads, have a go on classification levels or build a campaign around a decent pay rise.
In our view, these concerns underline the need for the union to be focussed on members’ interests and have Organisers on the ground.


PORT AUGUSTA VISIT

PSA Independent Voice candidates will be catching up with members in Port Augusta on 17 May 2006.

In response to a request from PSA members, a series of meetings will be held throughout worksites in Port Augusta to allow us to listen to your concerns and talk about our action plan to make the union more responsive to members’ needs. If you have not yet received a separate email advising you of this visit, please contact us.

If you require more information about PSA Independent Voice please contact us on independent-voice@aapt.net.au or call 0414 411 526.

For how to vote PSA Independent Voice please click here http://psa-independent-voice.blogspot.com/2006/05/how-to-vote-psa-independen_114774885318260325.html

Yours in unity
Marie Boland James Mc Comb Graham Warren John Kirkham
Candidates For PSA Branch Council

OUR UNION- OUR FUTURE

PSA BRANCH COUNCIL ELECTIONS 11 MAY TO 1 JUNE 2006















PSA INDEPENDENT VOICE

OUR UNION - OUR FUTURE!

PSA members across state government agencies are currently voting for representatives to the union’s Branch Council. Branch Council is the key decision-making body of our union

We are a group of experienced union activists, and we are standing for election as PSA Branch Councillors because we believe that our union needs strong, effective representation.
Graham, John, James and Marie discuss the need for change at the PSA
We are an energetic, experienced and committed team who are ready to face up to the coming challenges we confront with Kevin Foley’s cuts and our new wages agreement.




We believe that our union has lost touch with the priorities of rank and file members and is too interested in currying favour with government, rather than standing up for workers.

We are also greatly concerned that membership numbers in our union has dramatically declined as a proportion of the sector during a time when there has been significant growth in the size of the public sector. This is not good enough!

If we are elected we will work to ensure that our union is more responsive to your needs and more active in the workplace to ensure a better deal for all state public sector workers.

Changing times call for a new strategic direction. Building on our extensive experience as union activists, we are committed to adopting new and creative ideas to involve PSA members in achieving a better deal for all.

By working together, we can build a strong and active union.

Included in this leaflet is more information about who we are, why we are running for election and our action plan to re-invigorate our union

Don’t forget to vote in this crucial election. If you have not received a ballot paper, please contact the AEC on 13 23 26.

Contact PSA Independent Voice at independent-voice@aapt.net.au or 0414 411 526

For how to vote please click here http://psa-independent-voice.blogspot.com/2006/05/how-to-vote-psa-independen_114774885318260325.html

Our Action Plan

• Regular members and delegates meetings
  
• More organisers on the ground not just before election time
  
• Less talk more action-A genuine campaign on wages and job cuts
  
• A more representative union-we will actually consult with members
  
• Union money to be spent building the union not wasted on never ending research
  
• Work with other unions to build a united front against John Howard’s unfair Work Choices legislation

Your Independent Voice Candidate- Marie Boland



I emigrated to Adelaide from Ireland in 1992. I have worked as a Curator at the Migration Museum, City of Unley Museum and the South Australian Maritime Museum and as Community and Cultural Development Officer at the City of Port Adelaide Enfield. I also worked as an Organiser at the ASU before taking up my current position at DAIS.

I’m currently completing a law degree at Adelaide University and GDLP at the Law Society of South Australia.

Many PSA members have spoken to me about their dissatisfaction with the current management of the union. They also feel that the value of public servants and the work they do has been degraded over time and that the PSA has not done enough to prevent this.

Democracy is best served by a public service that is valued and respected and feels strong enough to act independently and with integrity. The democracy of the union is best served by having an independent voice on Council to ensure open and honest debate. That independent voice is my self and my colleagues.

In this election, the McMahon Team is already guaranteed to hold 25 of the 29 potions on Branch Council. Support PSA Independent Voice.

Please vote Marie Boland and my colleagues James McComb, John Kirkham and Graham Warren for an independent voice on the PSA Branch Council.
Contact independent-voice@aapt.net.au

Your Independent Voice Candidate- James McComb

The leadership of your union thinks research is the answer to proposed job cuts – Independent Voice believes ACTION is the ‘role’ of YOUR union. A vote for Independent Voice candidates is a vote for an active, inclusive, representative and independent PSA.

I previously worked for the CPSU and ACTU. I’m now an industrial relations inspector working at Safework SA and a long time public service unionist.

Recently Jan McMahon met the treasurer and proudly announced no job cuts from the new government, 24 hours later the treasurer announced that there would be job cuts. What Jan McMahon’s response? “We see our role as to go out there, do the research and engage academics around the country.’ (ABC 891 Mornings 7th April.”). The PSA needs less talk and more action.

Membership of our union has decreased dramatically whilst the number of public servants in South Australia has increased sharply. PSA Independent Voice will put more organisers on the ground to ensure leadership is aware of issues that are affecting you in your workplace. You will see organisers regularly not just before union election time.

In this election, the McMahon Team is guaranteed to hold 25 of the 29 positions on branch council. You’ve heard the old saying ‘power tends to corrupt, but absolute power corrupts absolutely’ this is not healthy for our union.

Restore the balance; support myself and my colleagues Marie Boland, John Kirkham and Graham Warren for an independent voice on Branch Council

Contact: independent-voice@aapt.net.au

Your Independent Voice Candidate- Graham Warren


My name is Graham Warren, I am currently an industrial relations inspector working at Safework SA and am a member of the PSA. I have been an active trade unionist and official for over 20 years.

My colleagues and I seek your support to have an independent voice and restore the balance on the PSA Branch Council. Our union has seen a dramatic decrease in union membership while the numbers of public servants has sharply risen. The PSA has failed to build an active, organised union that delivers for our members.

This lack of organisation has been reflected in the last round of public sector enterprise bargaining, seeing nurses, fire fighters, ambulance and police achieving significantly greater outcomes than PSA members.

PSA Independent voice believe that as we face the Federal Government’s Workchoices legislation and are all heading into insecure times, our union needs to develop itself in such a way that is inclusive of its members.

We will commit more resources in the workplace, strengthen the link between members, enable greater participation and ensure our issues are being listened to and acted upon.

The McMahon Team will have all but 4 positions on council unless you vote for an independent voice to restore the balance to council and that independent voice is my self and my colleagues’.

Please vote Graham Warren and my colleagues James McComb, Marie Boland and John Kirkham for an independent voice on the PSA Branch Council.

Contact: independent-voice@aapt.net.au

Your Independent Voice Candidates- John Kirkham


As a member and Worksite Rep. in DAIS, I believe we face a difficult future: Foley’s razor gang, our next pay agreement just around the corner, then the inevitability of a future Liberal government handing us over to WorkChoices.

Ask yourself: What shape is our union in to deal with these challenges? In my opinion it doesn’t look good.

Like you, I received the email saying PSA leadership had met the Treasurer and everything was ticketty-boo. They’ve met more ministers than the Archbishop of Adelaide!

I nearly choked on my cornflakes when I read cuts of up to 10% were planned.

PSA’s response is ‘research’ and to sit on their hands. No meetings of members or delegates to plan a campaign to fight Labor’s outrageous broken promise. No Organisers in the workplace drumming up support.

Research and ever more media releases failed in our pay claim and won’t work now.

We need a change of approach. PSA must take us members into their confidence, and trust us to be active and prepared to stand together if under attack.

After 17 years as an active public sector unionist, like many I have seen the ups and downs. I have learnt that research only gets you so far; the government will only take us seriously if they know we’re serious!

James, Marie, Graham and I are the only candidates standing who are not hand picked by PSA leadership. For change to occur we need your vote.

Contact: independent-voice@aapt.net.au

The Secret Election.

When did you first hear that the PSA was
holding an election for the branch council?
Oh? You didn’t?

An organisation that claims to be democratic like the PSA would – you would think – go out of its way to inform members about an election. A notification in union publications and on their website would go towards the creation of a democratic election; maximum participation should surely be a goal.

I first read about this election in the Advertiser about 2 weeks before nominations closed. I saw a tiny notice, by chance, in the public announcements section calling for nominations. I saw this tiny notice and thought it odd that I hadn’t heard about the election elsewhere; especially odd when considering that I am a workplace delegate. I visit the PSA website regularly and I had another look to see if maybe I had missed it. After all, their website seems like a fairly obvious place to make such an announcement, but alas – no cigar. Jan McMahon and her team seem to think they don’t need to tell members they are having an election. Some might call this arrogance. All must agree that it is counterproductive to engagement with its members.

In the middle of the biggest external fight for our rights we have ever faced, your chance to have a say in the direction of YOUR union is clearly not important to the PSA.

My colleagues and I from PSA Independent Voice decided to nominate to restore some balance to branch council. In this election for 29 positions for delegates to branch council across 8 electorates, we from Independent Voice are the only candidates who have not been hand-picked by the current union leadership. Nor are we beholden to any political party.

Independent Voice
cast your vote to ensure that there is someone on the
governing council of YOUR union to represent YOU.

How to Vote PSA Independent Voice*

Due to the bizarre preference voting system used in PSA elections, in order to maximise our chances of getting 4 PSA Independent Voice candidates elected it is necessary to issue 2 how to vote cards.

We are issuing these in alphabetical order based on your surname. Please help us maximise our vote by following the how to vote card below that matches the first letter of your surname.


For more info on this email: independent-voice@aapt.net.au

If you surname begins with A-L
Use How to Vote 1 Click here: http://psa-independent-voice.blogspot.com/2006/05/how-to-vote-psa-1-for-l-only-number-1.html


If your surname begins with M-Z
Use How to Vote 2 Click here: http://psa-independent-voice.blogspot.com/2006/05/how-to-vote-psa-2-for-m-z-only-number.html

Not A Member- Join today

We know that many members have left the union in previous years due to disatisfaction with the current leader ship and new staff to the public service rarely see organisers so probably have never been asked to join.

If you are not a member of the PSA, please join by following this link : http://cpsu.asn.au/mem2.pdf

It is too late to vote for PSA Independent Voice at this election but you can still become involved, make a difference and can have your say at the next election in 2 years time.

Your Rights At Work

PSA Independent Voice believes that John Howard's unfair industrial laws provide an oppurtunity to stand together to defeat this attack on all working Australians.

We would encourage all PSA members to get behind the ACTU and SA Unions campaigns to defeat these laws. Please visit http://www.rightsatwork.com.au/ to find out what you can do to help.

How to vote PSA 1 For A-L
(only number 1 to 9)


Steve Callaghan


Malcolm Townsend

Bev Martin 9

Lynn Bryant 8

Sonia Di Pardo 7

Jenny Lee 6

Peter Reilly 5

John Kirkham
PSA Independent Voice 1

Graham Warren
PSA Independent Voice 2

James McComb
PSA Independent Voice 3

Jeanette Gale

Marie Boland
PSA Independent Voice 4

Marissa Wilkinson

How to vote PSA 2 For M-Z
(only number 1 to 9)

Steve Callaghan

Malcolm Townsend

Bev Martin 9

Lynn Bryant 8

Sonia Di Pardo 7

Jenny Lee 6

Peter Reilly 5

John Kirkham
PSA Independent Voice 3

Graham Warren PSA 2
Independent Voice

James McComb
PSA Independent Voice 1

Jeanette Gale

Marie Boland PSA
Independent Voice 4

Marissa Wilkinson