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  Issue No 80 Official Organ of LaborNet 01 December 2000  

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News

ATO Workers Stand Up to Bullying Bean-Counter


Staff at the Australian Tax Office are rallying behind a colleague at the centre of a row involving a pattern of harassment from a leading accounting firm.

The workers, members of the Community and Public Sector Union have intervened on behalf of auditor who was stood down after complaints by a KPMG partner, despite the ATO being aware the same accountant had intervened to have auditors removed eight times previously.

When the same accountant complained about CPSU member Bob Fitton, the ATO responded by apologising to his client, Daihastu, and removing Fitton from the case.

Although an internal ATO investigation cleared Fitton of any misconduct, the ATO's fraud unit was called in, who despite their lack of evidence, referred another matter, a leak to the media about the Daihatsu audit, to the Director of Public Prosecutions.

The pressure was such that Fitton was forced to take stress leave. But while he recuperated, his colleagues stepped in. The CPSU wrote, with Fitton, an open letter to ATO Commissioner Michael Carmody outlining the concerns about the way the matter had been handled and calling for the charges to be dropped immediately. A petition was then circulated to all ATO workplaces around the country. Hundreds have signed, calling on Carmody to 'back off'.'

At the same time as the petition began to circulate, the DPP told the ATO bluntly that they would not proceed to charge Bob, due to the ATO having produced no evidence.

Fitton and his union are awaiting the Commissioner's response. Will they back off or go for a 'third dig' and proceed with internal 'breach of code of conduct' charges?

Bob started to feel better this week and returned to work on Tuesday. He couldn't have chosen a better day; the Daihatsu case, with all the details of the ATO's apologies to the company and persecution of their auditor, were on page 1 of the Financial Review!

Stephen Long reported that the partner, Mr Stephen Breckenridge, on eight separate occasions succeeded in having senior ATO officers removed from audits or reviews of his corporate clients, or otherwise undermined their credibility, according to a report by a senior ATO executive.

Long reported that the report into an ATO officer's handling of a tax investigation is understood to say that Mr Breckenridge has established a pattern of behaviour that involves playing one ATO officer off against another, exaggerating, or having the position of ATO staff involved in tax audits of his clients misrepresented. It calls for his behaviour to be documented and monitored and recommends that ATO staff be briefed before auditing taxpayers represented by the KPMG partner.

The CPSU says its pleased with the response to the petition, and pleased that their member is well and back at work.

"An important issue has been raised through this - that the ATO must stand up for its front-line staff and presume their innocence rather than their guilt," CPSU's Michael Tull says.

"The ATO's front-line staff deserve protection from allegations made solely to stop the ATO getting its fair share of big business's tax obligations," Tull says, "and the CPSU intends to pursue this issue through the next round of bargaining in the Tax Office.

The Open Letter

11 November 2000

Dear Mr Carmody

Re: CPSU MEMBER MR BOB FITTON

I am writing on behalf of all CPSU members employed by the ATO to protest in the strongest terms about the treatment of our member Mr Bob Fitton of LB&I Sydney.

Mr Fitton is currently on sick leave suffering from a stress related illness and awaiting news of whether unproven allegations about his conduct and the resulting investigation by Internal Assurance will result in a brief being referred to the DPP.

Mr Fitton has been aware of these allegations for some months. It was only after our member, through his legal representative, sought details about the evidence against him did the ATO reveal the nature of the evidence it was relying on. It is our firm belief that the evidence disclosed is insufficient to support any charges being laid, either criminal or code of conduct.

CPSU will never accept such a situation. Not only has the ATO failed to support our member when flimsy allegations about his conduct were made, but it has placed him under intolerable stress by unnecessarily prolonging the matter.

I am seeking your personal intervention and asking you to take the appropriate steps to end this situation.

As you are no doubt aware, our member is a widely respected and popular member of staff with 31 years service. A petition is currently in circulation for ATO staff to sign calling on you to step in and stand up for Bob Fitton.

Yours sincerely

Michael Tull

Acting Secretary


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*    Visit the CPSU

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*   Issue 80 contents

In this issue
Features
*  Interview: Chewing the Fat with Della
In a rare extended interview, NSW 's new industrial relations minister State John Della Bosca outlines his vision for the new workplace.
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*  Unions: Organising - There Is No Choice
LHMU national secretary Jeff Lawrence responds to Brisbane Institutue director Peter Botsman's attack on organising.
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*  Corporate: The Riddles of Democracy at Telstra
Shareholder activist Stephen Mayne explains how the big guys ran roughshod when he and trade union activists attempted to stand for the Telstra board.
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*  Education: Training for Change
Labor Council's Michael Gadiel outlines a traiing agenda for the 21st century.
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*  History: A Stack of Hypocrits
Ballot rigging, sanctioned by the courts, sponsored by the government were a Liberal Party and Bob Menzies speciality - and they introduced legislation to legalise it.
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*  International: African Unions Go To War Against AIDS
The war on AIDS is now the number one priority of the ICFTU's African Regional Organization (AFRO), which has launched an ambitious five-year action plan in nine of the most severely afflicted African nations.
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*  Satire: Teenage Hackers Behind Shock Cabinet Reshuffle
Seasoned front-benchers and political greenhorns alike were joined in stunned surprise today, as a sudden Cabinet reshuffle radically altered the shape of the Federal Government.
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*  Review: Manufacturing Dissent
A new production explores Australian's approach to refugees and their experiences coming to a strange land.
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News
»  It's Official: Union Leaders More Trusted than Bosses!
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»  Reith Isolated on Workers Entitlements
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»  Light for Shafted Woodlawn Miners
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»  ATO Workers Stand Up to Bullying Bean-Counter
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»  Schweppes Lockout Bubbles Internationally
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»  Online Registration Takes Hold
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»  Bush Apprentices Face Breadline
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»  ALP Council Faces Workers' Wrath
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»  Local Action to Back Burma Sanctions
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»  WorkCover Needs First Aid Help
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»  Shier Under Fire � At Your ABC
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»  Social Charter Puts Heat on Howard
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»  Wattyl Make 'Em Fair Dinkum?
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»  International Union Aid Jobs on Offer
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Columns
»  The Soapbox
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»  Sport
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»  Trades Hall
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»  Tool Shed
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Letters to the editor
»  Botsman Off Beam
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»  Botsman Off Beam II
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»  Fatherly Advice
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»  Concerns on Fundraiser
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»  Let's Be Frank about Frank!
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