In October 2025 the Industrial Relations Commission (IRC) found that it was “highly likely” and “probable” that Dr Andrew Moriarty, former Director of the Fisheries Compliance Unit, part of the Department of Primary Industries and Regional Development, victimised PSA Delegate Joe Wright because he has participated in his union’s media and industrial campaign to improve workplace safety. The decision described an Dr Moriarty as “extremely agitated, extremely wound up and very angry”.

The decision broke new ground: most significantly the IRC has found that it is unlawful to punish a union delegate for speaking to the media about an industrial campaign.

“This is a fantastic win for the PSA and the Delegate,” said PSA CPSU NSW Assistant General Secretary Troy Wright (no relation). “However, our Delegate, Joe, was put through horrendous stress and hardship prior to the win. And this is not an isolated case.

“Delegates, and sometimes even regular union members, can be targets of management’s anger, used as scapegoats and made an example of to show staff that not toeing the management line can lead to disciplinary action, and work life can become a misery.”

In this particular case, Joe Wright, an elected delegate, and Chair of an organised workplace group was part of protected industrial action to obtain protective equipment for the members and workers in the department.

As Chair, Joe Wright was also voted by the workplace group to be the spokesperson for the workplace group. The Chair, along with Troy Wright, answered questions from the media regarding the industrial action.

Joe Wright was then prevented by the Department Director from acting in higher duties and given an informal warning regarding breaching the code of conduct by talking to the media without management authorisation.

“Clear victimisation,” said Troy Wright. “And the Industrial Relations Commissioner agreed. The Delegate has had all warnings repealed, and has been granted financial compensation for loss of higher duties.”

More often, public sector management victimisation of union delegates and members is more subtle.

“Management may try to exclude Delegates from certain projects or meetings,” said PSA CPSU NSW President Nicole Jess. “They are looked over for acting-up opportunities and culled by interview panels because of their union involvement. They are also taken aside by management and informally warned for speaking up in workplace meetings, and their colleagues are informally warned about speaking to delegates.

“These acts are often too subtle for action to be taken, so just continues as an aspect of being a delegate.

“This decision stops such behaviour.”

Many workers do not wish their union membership to be known to management, whereas Delegates are known to all.

“There is always a clear correlation between the dysfunctionality of the workplace and a management team that is openly antagonistic to our members and Delegates, and to union officers” said PSA CPSU NSW General Secretary Stewart Little. “The worse a workplace is, the more anti-union the management is.”

The win for Fisheries PSA Delegate Joe Wright in the IRC proves that when tested, bullying of union Delegates is against industrial relations law, and agencies will be made to pay.

“But it should not have to come to this,” said Mr Little. “We’re always happy when we get a clear win for bullied members, but what would make us really happy is if our delegates and members wouldn’t have to risk being bullied just for being an active member.”

Anti-union management in the NSW Public Sector is in many ways resultant from the 12 years of conservative government. In addition, the introduction of the Government Sector Employment Act (GSE) in 2014 angled the NSW public sector towards a much more corporate and private-sector leadership style, a leadership style traditionally anti-union.

PSA industrial staff increasingly report executives and human resources managers recruited from the private sector have not ever had experience with unions prior. And several them falsely believe they can ignore the PSA and its membership.

“Wins like the one we just had in Fisheries, where the Commission rightly penalises the bullying of our members, show management that they can’t just ignore the PSA,” said Mr Little.