Overview And
Summary
The ACTU is opposed to the passage of all five Bills currently being
considered by the Committee.
The subject matter of each of the Bills has been before the Parliament and/or
the Committee on at least one occasion, reflecting the lack of any positive
thinking by the Government, and its reliance on pursuing the same discredited
line of attack on unions and its political opponents.
The ACTU Submission incorporates some relevant material put to previous
inquiries.
Each Bill is directed towards the Government’s two key objectives in
industrial relations law “reform”:
First, to reduce the rights and entitlements of employees, particularly those
who occupy the most vulnerable positions in the labour market; and
Second, to strengthen the bargaining position of employers in disputes with
unions and their members.
The ACTU supports real industrial relations reform, and urges the Committee
to recommend legislation to:
- ensure all employees receive fair and relevant wages and
conditions;
- strengthen the role of the Industrial Relations Commission; and
- bring Australian law on freedom of association and collective bargaining
into conformity with international standards.
The Genuine Bargaining
Bill
- There are no industrial circumstances to justify the Bill.
- Common claims and similar outcomes are a normal component of bargaining,
engaged in by employers as well as unions.
- The Bill would have the effect of prohibiting common claims.
- The Bill would create a presumption which would operate to fetter the
Commission’s discretion.
- The ability to bargain on a multi-employer or industry-wide level is
available in every developed nation internationally and is integral to the
ILO’s core labour standards.
- Industry-wide bargaining is not a barrier to employment or
productivity.
The Fair Dismissal
Bill
- The Parliament has already rejected a small business exemption from the
unfair dismissal laws.
- There is no evidence for a link between small business employment and unfair
dismissal legislation.
- There is no economic justification for special treatment for small business,
particularly where this affects the rights of employees.
- Small business operators do not identify unfair dismissal laws as a major
problem.
The Fair Termination
Bill
- The 12 month employment requirement for casual coverage is outside the
“short period” permitted by the ILO Convention.
- There is no evidence that casual employment is linked to unfair dismissal
legislation.
- Encouragement of casual employment is, in any event, undesirable.
- The filing fee operates as a barrier to access to justice for low paid
employees.
The Secret Ballots
Bill
- There is no evidence of a demand from employers or employees for mandatory
pre-strike secret ballots, not is this justified by the level of industrial
disputes.
- Pre-strike ballot legislation in Western Australia was an abysmal
failure.
- The changes in the 2002 Bill from earlier versions do not make the system
significantly less cumbersome or restrictive.
- The proposed system is very substantially more restrictive than the UK
model, particularly with the requirement to obtain an order from a tribunal
prior to the ballot and in the form of the question to be
asked.
The Compulsory Union Fees
Bill
- The issue of bargaining fees and related questions are currently before the
Commission and the Court, which should be allowed to make their determinations
without pre-emptive legislation.
- Parties to a collectively bargaining agreement should be entitled to include
provision for bargaining fees.
- Coercive conduct is already unlawful, as is compulsory unionism.
- Bargaining fees are permitted in other countries with a strong commitment to
freedom of association.
- The ILO does not see as bargaining fees as inconsistent with freedom of
association.
- It is only fair that non-union members contribute towards the cost of
union-negotiated collective agreements when they benefit from such
agreements.