New anti-bullying laws to be watered down by the Coalition
New laws to make it faster, easier and cheaper to stop workplace bullying will be watered down by a Coalition Government before they are even enacted. Set to begin on 1 January 2014, the new laws introduced by the current ALP Government have been hailed as great leap forward to protecting people in the workplace from the scourge of bullying. The laws empower the Fair Work Commission to hear matters and issue an order for bullying to stop. The Commission is also obliged to act on an application within 14 days.
The Coalition has proposed to bring in another layer in the proceedings, requiring applicants to seek the involvement of an "independent regulator" before applications can be made to the Commission. This will only create more red tape and delay real action. The adverse effects of bullying are widely understood, and the faster it can be stopped can mean the difference between resolving issues and irreversible damage to relationships and individuals.
The Productivity Commission review of the Fair Work Act
Tony Abbott has promised a Productivity Commission inquiry into the Fair Work Act but has not provided any details about the terms of reference of such an inquiry. The Productivity Commission places great faith in "the market" and is likely to view laws that guarantee unfair dismissal rights, penalty rates and other workplace protections as a "regulatory burden" on big business. Will this be a Trojan Horse sent in to raid our rights at work? Given the Coalition's form in workplace relations, we think so. By handing over to the Productivity Commission, which we don't believe is the appropriate body to review workplace laws, Abbott is able to play a small target for IR at this election and then blame any draconian changes that arise out of the inquiry on the Productivity Commission.
Reintroducing the ABCC – the building industry watchdog
Originally introduced by the Howard Government, the Australian Building and Construction Commission (ABCC) was finally abolished by the current ALP Government. The body had excessive coercive powers which included removing people’s right to remain silent. The ASU and other unions campaigned persistently to get rid of this body which effectively created one law for construction workers and another law for everyone else. The Abbott Coalition has promised to reintroduce this unjust body and extend its reach.
Individual arrangements that can cut take-home pay
The Coalition intends to extend current individual flexibility arrangements to cover all matters that can be covered in collective bargaining, including trading of monetary benefits for non-monetary benefits. This opens up the potential for abuse with individual workers having to fend off employer attempts to remove their benefits. Read the ACTU factsheet for more.
Penalty rates and award conditions under threat
The ALP Government introduced measures to protect penalty rates but the Abbott Coalition refuses to commit to safeguarding them. In fact, Opposition IR spokesperson Senator Abetz has shown sympathy for employer applications to undermine penalty rates, as have other members of the Coalition. The Retailers’ Association recently confirmed meetings with Senator Abetz and other employer groups about their intended application under an Abbott Government to threaten penalty rates. Read this article in The Australian, Bosses push penalty rates cuts, by Ewin Hannan for more about the Abetz and employer meeting. Read the ACTU factsheet for more.
A weakened independent umpire
The Fair Work Commission (FWC) is the independent umpire for workplace issues, but the Coalition’s policy says they will consider a further layer over the top of the FWC with a new appeals body. This is despite the fact that decisions of the FWC can be reviewed by Australian courts. There are no details about the proposed appeals body or who would be on it. Read the ACTU factsheet for more.
Giving more power to employers to wield over workers
Amongst other measures, the Coalition policy shows they intend to return to WorkChoices by allowing employers to arrive at Greenfields Agreements by making an agreement with themselves! The employer will not have to bargain with unions and workers. It also creates a series of hoops that unions must go through in bargaining before protected industrial action can be undertaken or before an agreement can be certified, even if the employer agrees. Read the ACTU factsheet for more.
Making it harder for unions to represent you
Tony Abbott has announced a number of changes that affect our ability to ensure workers’ interests are represented. These include the Coalition’s policy to return right of entry provisions to what they were under John Howard. The Coalition also intends to increase bureaucracy for unions while saying they want to cut red tape for everyone else. Read the ACTU factsheet for more.
We also believe it is important to note the views of powerful business groups like the Business Council of Australia who are urging a Coalition Government to go much, much further with workplace changes than what has already been announced. The Retailers' Association has met with Senator Abetz to discuss their moves should the Coalition win. If these groups are agitating loudly for more IR change, an Abbott Government will be listening closely.