How fair is the Fair Work Act 2009? A socio-political legal analysis By Michael Tubbs The Opposition’s anti-union and anti-employee WorkChoices IR regime cost it Government on 24 November 2007. Thus one would expect the new Rudd Government’s Fair Work Act (The Act) to be the complete opposite – liberating. Unfortunately, inexplicably this is not [...]

Fair Work?

Search on the environment
People’s challenge on global warming The Australian Parliament has dumbed itself down on the global warming challenge to the point that Australia is writing itself out of the real debate at the United Nations Climate Change Conference in Copenhagen, Denmark, on December 7-18. The Labor government is arguing with the Coalition about a possible cut [...]

Rann
I am from Adelaide living in Canberra. I am glad not to inhabit any more the SA political ‘spin’ in Parliament and the mass media. Whenever I am in Adelaide, I hear of the local soap-opera. And now it is national news – like Foley recently being blue and Rann now, with Channel 7 and [...]

Remove junior wages
Young People Demand Equal Pay Young workers in Canberra rallied outside Dickson Woolworths in Canberra this Saturday 21 to demand an end to discriminatory ‘junior employee’ rates. The rally was part of a National Day of Action and kicks off the Youth Wages Suck national campaign. The rally demands the removal of discriminatory pay rates [...]

Dee dines
On the main ETS game in Canberra up on Parliament Hill, it is Tweedleddee and Tweedledum politics. Apart from little merit policy discourse or ETS legislation with strategies to address the environmental crisis, Dee/Dum debates are the entertaining political discourse on offer. I can’t say that Tweedledee Rudd Labor is doing nothing. It is doing [...]

CFMEU Vic on OHS
We therefore call upon the federal government and the Workplace Relations Minister to immediately:
1) Review the membership of the original panel and change it to a membership of no less than three persons from each state and territory with a balance of appropriate industry, professional and academic knowledge, skill and experience;
2) The key stakeholders and social partners from each state i.e. employers, trade unions and the government shall put forward nominations and agree upon those nominees to fill these positions;
3) In full consultation and consensus between the stakeholders and social partners, the panel shall be appointed to comprehensively review, research and reconfigure all of the original recommendations for a new model OHS Act in a realistic time frame of no less than four years;
4) Panel members must be made publically accountable for all their recommendations;
5) From that point, a panel of no less than seven members elected from the ‘new’ panel (founded upon the true tripartite principles of the ILO convention; to which Australia is a willing party and signature) and with a balance of appropriate industry, professional and academic knowledge, skill and experience, shall make the final recommendations into achieving the highest levels of OHS legislative standards taken from each state or territory. Each of the highest OHS standards shall unambiguously apply;
6) A further two years of deliberation and true tripartite consultation and debate consistent with ILO principles shall follow the drafting of the agreed highest standards of OHS legislation;
7) A public comment period of no less than six months (as opposed to six weeks) shall be allocated to enable full and proper discussion and debate to occur.

VTHC on devils in OHS details 2
VTHC submission continues. Part 4 – Consultation, participation and representation Q21. Is the proposed scope of duty to consult workers appropriate? The proposed duty to consult is based largely on the current Victorian provisions and will mean that the problems we have had due to the wording of our current provision will be replicated. It [...]

VTHC on devils in OHS details 1
Victorian Trades Hall Council Public Comment on Draft for Model Act and Stage 1 Model Regulations The VTHC represents over 50 affiliated union organisations representing approximately 400,000 Victorian union members. Occupational Health and Safety (OHS) and the protection of workers rights is a core function of unions. The benefit of the efforts of unions is [...]

National CFMEU on OHS
The role of unions
As currently exists for nearly one third of the Australian workforce, the Model Act should stipulate that unions have unrestricted right of entry powers to consult workers over OHS issues and inspect suspected breaches.
The Model Act should also stipulate, as also currently exists for nearly one third of the Australian workforce, that authorised union officials have the power to immediately copy all available relevant documents, take photographs and make audio and video recordings of incidents and take samples and witness statements in connection with suspected breaches.
The Model Act should ensure that upon application by a union, OHS right of entry permits are issued in all jurisdictions in a quick and uncomplicated manner.
IMPORTANT NOTE
About The Author
Chris has worked in the trade union movement for 30 years and researches on left politics, union issues and China labour law. He lives in Darwin.
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