Rights at work

1. A Strong Safety Net of Pay and Conditions
There should be a decent safety net of pay and conditions in awards and/or legislation that is able to be adjusted to take account of community standards and ensures the low paid a fair share in the benefits of prosperity

2. Collective Bargaining Rights
Over and above the safety-net workers and employers should be encouraged to collectively bargain for improvements in pay, conditions, flexibility and productivity. The current system of ‘union’ and ‘non-union’ agreements should be replaced with a single stream of collective agreements which can be made with unions or directly between employers and employees. Unions members must at all times have the right to be represented by their union.

3. An Obligation to Bargain in Good Faith
The law should oblige all parties – union, employers and workers - to bargain with each other in good faith, and empower the Industrial Commission to help make this happen.

4. A Democratic Say for Workers
It is the democratic right of workers to have a collective agreement at their workplace if they want one. If there is disagreement over the type of bargaining that should occur at a workplace, for example if an employer refuses to bargain collectively and insists on individual contracts, the workers themselves should be given a say. In these circumstances the majority view of the workers should determine the issue. If a majority of workers support a collective agreement then the Commission must ensure an employer respects that decision and collectively bargains in good faith.

5. Last Resort Arbitration
In the event that bargaining has broken down and there is no reasonable prospect of reaching agreement, the Industrial Commission should be able to arbitrate as a last resort to resolve disputes. This is vital to protect the public interest and the needs of the low paid.

6. The Right to Union Membership and Representation
Australian workers must be given a legal right to be represented by a union in discussions with their employer and in collective bargaining.

7. Protection from Unfair Treatment and Dismissal
The Commission should have the power to guarantee fair treatment for workers, protect workers from unfair dismissal and maintain and improve the award safety net.

8. The Abolition of AWAs
The Federal Government’s AWA individual contracts are being used to undermine the pay and conditions of Australian workers. They give employers unilateral and unfair rights to reduce worker’s take-home pay and they should be abolished.

SOURCE: ACTU A Fair Go At Work
Collective Bargaining for Australian Workers
Report of the ACTU Overseas Delegation on Collective Bargaining