The DPMs ‘spin’ that WorkChoices is dead is today overplayed, as is the beginning of the FairWork Act. See my posts. Below is the ACTU Congress decision about what still has to be achieved.
‘Congress notes the provisions of the Fair WorkAct which do not comply with the ACTU’s expectations for fair industrial laws. Congress notes that many of these provisions also fail to meet the International Labour Organisations standards. Congress calls upon the Labor government in its next term of office to amend the laws by:
a) Removing restrictions on the scope of agreements, particularly those that render agreed subject matter unlawful;
b) Repealing provisions that give primacy to enterprise level collective agreements and restrict the level at which bargaining can occur, and removing legal and other obstacles to coordinated bargaining at the industry level;
c) Removal of restrictions on and penalties for taking industrial action, including retention of the prohibition of industrial action in support of pattern bargaining and the requirement that employers deduct strike pay even in circumstances where the employees are at work, and a restoration of discretion for FWA when dealing with applications for industrial action orders;
d) Repealing the ability for FWA to suspend industrial action that is harming a third party, and repeal the Minister’s powers to end protected action;
e) Removing penalties for industrial action taken during the life of an agreement, regardless of the circumstances. This provision is particularly onerous, as the law fails to guarantee effective alternative dispute resolution while agreements are in place to deal with unfair actions by the employer or significant changes in circumstances during the agreement;
f) Conferring additional powers on FWA to promote collective bargaining in workplaces that have not been had the benefit of collective agreements;
g) The exemption of high income earners who have traditionally been entitled to award protection from the application of awards should be removed, particularly as the mechanism envisaged in the Act not only suspends the application of award conditions of employment, but also suspends the employees’ award rights to be consulted about significant change and to access the award disputes procedures;
h) All provisions of the Trade Practices Act applicable to unions and employees should be repealed.
i) Removing all provisions which provide different unfair dismissal rights to employees of small business.
j) The provisions in the low paid stream should be available to workers who are low paid regardless of their bargaining history. Low paid workers should have access to the full range of bargaining rights including the right to take industrial action. 23. Unions and the ACTU will monitor the negative impact of these provisions in workplaces, publicly highlight instances where these provisions disadvantage workers, and develop an ongoing campaign to see these provisions of the law repealed and replaced with fair laws that meet our international obligations in respect of freedom of association and collective bargaining.
Devils in the FWB details
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