Read this article in:
1 December, 2008
The dismantling of anti-social work laws in Australia has finally begun, a full year after a Labour government replaced the failed economic and social policies of former Prime Minister John Howard. On 25 November, introduction of some 650 pages of rollbacks to Howard’s work laws came in Parliament’s House of Representatives. Fair Work Australia, replacing Howard’s WorkChoices, is now on track toward law as it heads to Australia’s Senate in 2009.
House minority leaders promised they would not dilute the package, but a combination of Tory, Family First, and independents have threatened to offer amendments that could bring portions of any final legislation back to the Howard work agenda. Last week, Labour Prime Minister Kevin Rudd warned the Senate not to tamper with the legislation and to pass it with no delay.
The legislation creates a Fair Work Commission that replaces six agencies created by the Howard government that essentially removed regulations concerning workplace governance. Fair Work creates ten national job standards, and it charters collective bargaining as the main tenet in labour-management relations. Individual labour agreements, or AWAs in Howard speak, are still applicable, but only under common law.
The legislation spells out workers’ rights to representation; access to arbitration, even on economic matters; and gives casual workers certain rights. It also establishes a 38-hour workweek, grants four weeks annual leave, and allows the practice of flexible work schedules and conditions to take hold. In addition, it sets out a standard process for regularly raising the minimum wage.
Most industry groups were passive in issuing any negative comments on MP and Workplace Relations Commissioner Julia Gillard’s House introduction. The Australian Mines and Metals Association was a blatant exception, however. Ignoring the toll on production and jobs due to an economic collapse, the association took a low road by saying Fair Work will create “turf wars” between unions, causing loss of productivity and jobs.
Considering the devastation brought to hundreds of millions by unregulated capital – notably depicted by Howard’s draconian job laws – the association’s comment stands as strong argument that more workplace regulations and better protections are part of the solution toward solid economic footing.
President ACTU, Sharon Burrow
Sharon Burrow, President of the Australian Council of Trades Unions (ACTU), the trade union centre that brought all Australian unions together under a single voice to reverse WorkChoices, called the legislation “a major achievement but that does not mean the campaign for better rights is over. Unions remain concerned that there are important areas of unfinished business.”
The legislation does contain some ambiguity regarding strike rights, as well as practical application of the consultation and arbitration procedures. And a pre-Howard three-strike warning rule before dismissal is not in the current bill. It is replaced by a one-warning rule before lawful dismissal can occur. The dismissal criteria is extended to workers employed in worksites of less than 15 staff, provided they have worked for 12 months.
With Australian Senate approval, the new and improved set of workplace social standards will take effect 1 January 2010.