Forward with Workplace Relations
Blog Post | Blog of Rachel Siewert
Thursday 13th November 2008, 5:19pm
by RachelSiewert in
There are increasing concerns that the Government's Forward with Fairness legislation will not be delivering sustainable fair workplace laws but rather will be serving up Work Choices-lite.
The Greens have already argued the award modernisation process will result in a deterioration of minimum conditions of work, particularly affecting workers who are not able to access genuine collective bargaining.
On 12 November 2008 I read out in the Senate the stories of women workers finding life difficult under the current laws and wondering what life will be like under Forward with Fairness. The Greens strongly believe the voices of disadvantaged workers must be heard in the upcoming debate.
The recently released Australia@Work report found that more Australian workers are struggling to make ends meet, one third of workers are outside the protection of workplace laws and that Australia continues to have some of the worst working hours in the OECD. It also found that awards continue to be relevant to many workers.
Will Forward with Fairness provide the framework to increase job security, give workers more control over their working hours and provide sufficient protection for lower paid workers?
Without retaining a strong award system, without providing for arbitration and by allowing the deterioration of minimum conditions, the answer is no.
The Greens are determined to put Forward with Fairness to the test in the Senate.
Safe Work Australia
The Greens combined with Senator Xenophon and the opposition to make important changes to the Safe Work Australia Bill in the Senate. The Bill establishes Safe Work Australia to draft model OHS laws, regulations and codes of practice.
I delivered a speech in the Senate which outlines the Greens' key concerns with the Bill. Our approach was to follow the internationally accepted practice that OHS regulation works best when developed through a genuine tripartite and independent process.
The amendments passed in the Senate restored the former representative numbers for employees and employers and removed excessive interference in the operations of Safe Work Australia by the Minister and the Ministerial Council. The Government has inexplicably rejected all of the Senate's amendments.
Campaign to abolish the ABCC
On 28 August 2008 I introduced into the Senate the Building and Construction Industry (Restoring Workplace Rights) Bill 2008. The Bill repeals the Building and Construction Industry Improvement Act and thereby abolishes the ABCC.
The Greens have consistently stated that it is an affront to democracy to have workplace laws that take away the right to silence, deny people their choice of lawyer, provide powers to compel evidence with the possibility of jail for not complying, and impose severe restrictions on the rights of workers to organise and bargain collectively.
There is not and never was any justification for targeting building and construction workers with such laws. Unfortunately the current government, like the previous one, doesn't agree.
But, the Greens will keep fighting in the Parliament to repeal these laws and abolish the ABCC before 2010, and fight to ensure that Fair Work Australia does not have any similar punitive powers.
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What to do?
I think the Greens will have a hard balancing act here as if we as Greens reject "forward with fairness" we will be stuck with Workchoices. If we allow "forward with fairness" to go through it will look bad and be a work choices lite basically. I think some deal making will have to happen here really as this might backfire on the Greens. I think this will happen more and more as we have the balance of power now. Lets hope that something happens with workplace relations in Australia as we are going back to the dark ages in terms of collectve bargaining and the right to strike.
Unions need to pick up their game also. Union leaders should not be taking 80k employee funded trips to the UK and dining in the best restaurants and staying in lavish hotels. Is it any wonder why people in Australia dont join unions? Unions need to grow up and wake up. Get with the program.
Agreed Daniel - there is
Agreed Daniel - there is always the balancing act between the ALP and the union movement, but this proposed Forward with Fairness Bill will not help Australian workers. You'd expect the unions to be standing up to fight for workers' rights on this one, but unfortunately we haven't seen much.
A joke.
Tim,
Lets hope that no more ETU leaders go on member funded junkets overseas. Costing 80k and realise they should be recruiting to start a grassroots movement instead.
Very Unfair Termination
im concerned with the lack of balance in unfair dismissal laws. why cap compensation at 6 months???
if an employee is sacked at age 59 - and for whatever reason struggles with obtaining other employment - and it is found that the termination was against the law - why should the employee lose out?
tort based compensation would also act as a deterrant against employers breaking the law. it would factor in mitigation of loss - but why should ordinary australian workers lose out???
also, why shouldnt an employee be awarded for the ordeal they are put through during a termination? Termination cause so much disruption and pain to ones life.
if the termination is found to be against the law - why again should an employee suffer?
imagine working hard - doing right - and getting sacked for no reason... how will you pay the bills? how will you support your family?
Tort based compensation would make sure employees are compensated properly for the loss caused by an illegal termination.
Workers' safety and rights...Emergency...dangerous conditions...
12months into the new regime, workers' rights in this part of the world have deteriorated. Workers moved heaven and earth to change the old regime. No redress or response for that yet.
Here's a story: It's true. Can be verified. Workers at a local factory have been working for about 3 months with no days off. Yes. Working seven days a week. They are so tired and demoralised, that they cannot think clearly about anything. These workers are exhausted. It is having a big impact on their families. It is now having a big impact on their safety out of the work-place. One worker had a near-miss car crash 2 or 3 days ago. Another worker had a car crash one day ago. The worker has been charged with serious road offences.
What EARLY (emergency) action is available to ensure that no-one is killed.???
I beg you,please apply collective and quick Green Brain-Power to this. It is very serious. It is very urgent.
Workers Safety and Rights
Unfortunately, it is a catch 22 situation, and is basically the same for a company I drove for. In the current economic times, companies need every hand to the pumps to keep many of them afloat as banks will not now, in many cases, provide working capital for companies to pay weekly wages etc. As many companies have to wait for 30 - 60 days to be paid for goods produced, this leaves a shortfall in funds, so they must be able to show large sales etc. to have any hope of capital funding.
Xmas time, and the lead up to Xmas provides many small to medium companies with the capital to stay afloat during the lean times, especially during the current economic climate.
It is hard on workers, and management during these times, but this is the norm in small to medium companies, especially when companies cannot afford to increase their work force, with casual workers if any trained can be found, without reducing wages from existing workers, in one way or another, to cover the costs of the additional casual workers.
As for something being done, nobody, including Governments can / will at these times restrict companies from trying to survive, and leave rest issues to workers and management ( with in some cases Union assistance ) to work out.
Having said the above, I would suggest that no company management would have their workers risk safety in any work environment through being over tired while on site, as this would damage the company through various punatitive measures. Workers on the other hand need to start to ring bells with their managers if they find tiredness impacting their safety / productivity.
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