Senate Inquiry into the Fair Work Bill Better than WorkChoices…But
By Ben Kruse
USU General Secretary
Dec 19, 2008
The United Services Union has made a submission to the Senate Inquiry into the Rudd/Gillard Government’s proposed Fair Work Australia Bill. Fair Work Australia is a significant improvement on WorkChoices. The new laws improve the ability for workers and unions to bargain in good faith for wages and conditions and will mark a significant improvement for members working in the private sector. However, the USU has told the Inquiry that the Rudd/Gillard Government’s Fair Work Australia legislation does not stack up in comparison with the best practice industrial relations jurisdiction currently operating in New South Wales.
In our submission the USU observes that in New South Wales State Award industry bargaining has established the best practice benchmark for wages, salary systems, pay equity, paid maternity leave and occupational health and safety for members in many industries, particularly those working in local government and state government enterprises.
In comparison inferior aspects of Fair Work Australia include:
Poorer award safety net
Emphasis on enterprise bargaining rather than industry wide campaigns
Limited ability to “pattern bargain” with more than one employer
Limited access to the conciliation and arbitration of industrial disputes
Reduction of the time limit for the filing of unfair dismissals from 21 to 7 days.
Keep Local Government Out The hard fought campaign for the decorporatisation of local councils protects New South Wales council workers from being transferred into the Federal industrial relations system. Nevertheless, the USU has called on the Federal Government to take further action by excising New South Wales councils from the federal Workplace Relations Act, removing all uncertainty about the protection of state award rights.
Corporate loopholes The USU has also expressed concern that some councils may seek to avoid state award coverage by adopting service provision models exploiting the use of council corporations or other separate entities. Employees transferred into local government corporations face the loss of their status as local government employees, including the loss of State Award rights and employment protection under the Local Government Act.
The USU told the Senate Inquiry that the Federal government must remove councils and associated corporations and other entities from the Federal jurisdiction.
Local Government Regulations Required The Union has also written to the New South Minister for Local Government, Barbara Perry, seeking the passage of regulations to the Local Government Act, prohibiting the use of council corporations where they are established as a mechanism to downgrade wages and conditions or to avoid state employment protection laws.
Water Reform on the Horizon Members should also be on the alert over the New Year for State Government announcements about local government water reforms. Improvements to environmental outcomes in water services are essential. However, councils and the State Government must not to implement water reform in a way which threatens local government employment and job security. Strategic alliances must not displace award rights and employment protection guarantees for new and existing staff.
2009 Action Plan The USU will continue to represent members in these important campaigns over the new year. The Union shall attend and seek to address the Fair Work Australia Inquiry on 18 February 2009. The Union shall also call a meeting of our Water Reform Committee early in 2009.
Something you Want to tell the Senate Inquiry? Should you have any ideas about the Rudd/Gillard IR system let us know by e-mailing us at supportteam@usu.org.au. We will ensure your message gets to the Senate Inquiry.
On behalf of all the staff and officials at the United Services Union I would like to wish delegates, members and their families a Merry Christmas and a Happy New Year.
2008 has been a busy but successful year for the USU and our members and we look forward to working together in 2009 to ensure a fair go, especially in these tough economic times.
The USU Office will be closed from 12noon on 24th December 2009 to 8.30am on Monday 5th January 2009. For emergencies, members should ring 1300 136 604.
