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Unfair Dismissal


Howard offers token amount for sacked workers

Howard is promising workers who are sacked unlawfully will have access to a $4000 legal fund to fight their dismissal - effectively an admission that workers will be worse off under the new legislation
He outlined the provisions for the handout in Perth on Thursday 29/09/05), which will cover only a fraction of the estimated $25,000 cost of mounting an 'unlawful termination' action in the courts.
Current laws protect workers from 'unfair dismissal' - being sacked for no reason or an unfair reason. Unfair dismissal hearings are conducted by the Australian Industrial Relations Commission, are heard quickly with minimum costs and do not require the presence of lawyers.
Under the proposed legislation up to 4 million Australian workers will be denied this protection and could be forced to go through lengthy court cases to determine if they have been treated unlawfully.
Also, if they lose they could be forced to pay the costs of their former employer.
If the new laws are passed up to 4 million Australian workers will have no protection from unfair dismissal.

Casuals


Casuals are conscripts, not volunteers

 

Most casual workers are not casual by choice and would prefer to be in ongoing employment, according to a new report.

 

Find out more about the report findings

Good News for Labour Hire Workers


ASU wins right to permanency for labour hire employees

In a ground breaking decision handed down recently by the South Australian Industrial Commission the ASU SA & NT Branch has won a long running battle to gain the right for long term labour hire employees to convert to permanent employment.

In his decision Commissioner Dangerfield found that two ASU members employed by Direct Personnel to work for Transport SA on a long term basis, were entitled to be considered permanent employees and therefore gain access to Award entitlements such as paid annual leave, paid sick leave and redundancy pay.
"This is a fantastic win for clerical workers who work for labour hire firms," said Branch Assistant Secretary Andy Dennard. "Employers in the industry can no longer hide behind their status labour hire organisations to deny their employees the right to permanent status and the benefits that go along with it."
"As far as we are aware this is the first decision of its kind in Australia and it is an important step towards gaining the right to permanent employment for all long-term labour hire employees," he continued.
"For far too long labour hire has been used as device to keep employees in a state of indefinite casual employment regardless of the true nature and length of their employment. Hopefully this decision marks the beginning of the end of such practices," Mr Dennard said.

Building Industry


Building Industry Taskforce
What new laws mean for building workers

The Howard Government has legislated to give the Building Industry Taskforce new powers to deal with industrial relations issues in the building industry.

These Powers are:

  • Power to demand that documents are handed over;
  • Power to compel inforamation be given or questons be answered (under oath).

This means that ordinary workers can be served with a notice which forces them to appear before the Taskforce and be questioned about a workplace issue.

No Right to Silence

These interrogation sessions are held in private and you may be told that you have to answer questions under oath. You have no 'right to be silent'.
You can be directed not to disclose to anyone (other than you lawyer) what was discussed during your interrogation.
There is no protection from self-incrimination; you must answer questions even if the answers might tend to incriminate you.
Failure to comply is a criminal offence and penalties from a  $3,300 fine to 6 months imprisonment.

These attacks on Building Workers will be spread to attacks on all if the Government is able to use these laws

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More on Cowra

PM Must Apologise to Cowra Workers
Date: 11 September 2006

The ACTU has today called on Prime Minister John Howard to apologise to 200 sacked workers at the Cowra Abattoir following revelations that abattoir boss David Mulligan loaned almost $2 million to a related company under his control in the period before the abattoir's collapse.

Earlier this year the Prime Minister, Workplace Minister Kevin Andrews and the Government's Office of Workplace Services (OWS) all supported Mr Mulligan when he used the Government's IR laws to sack 27 workers at the abattoir and offer them their jobs back with a 30% pay cut.

The Government has also criticised the ACTU for highlighting the case in its campaign against the IR laws saying Mr Mulligan had done nothing wrong.

ACTU Secretary Greg Combet said: "John Howard has been using the Cowra Abattoir case to defend his IR laws and attack the credibility of the ACTU's campaign against the laws.

"The Prime Minister and Kevin Andrews have backed Mr Mulligan 100%. They have defended him in the media and in Parliament and a so-called investigation by the Office of Workplace Services (OWS) found that the company had legitimate business reasons for sacking the workers because it was losing money.

"Now we find from the Administrators of the collapsed abattoir that there may have been breaches of the Corporations Law including possible insolvent trading. The ACTU is particularly interested in the loan made by the abattoir to a related company under the control of Mr Mulligan. The ACTU calls on Mr Mulligan to ensure that the Cowra Abattoir workers receive their full entitlements and are not disadvantaged by any of the transactions made in the lead up to the collapse of the abattoir.

"That this situation has occurred to workers while the so called 'regulator' of workplace issues - the Government's OWS was investigating them is a disgrace.

The Federal Government should immediately re-examine this case to ensure that the workers receive all of their entitlements and that ASIC closely scrutinises any potential breaches of the Corporations Act," said Mr Combet.

MEDIA ALERT

A meeting of Cowra Abattoir Creditors including sacked workers will be held today:

Cowra Abattoir Pty Ltd Creditors Meeting
10:00 am Today, September 11, 2006
Cowra Services Club, 101 - 103 Brisbane Street COWRA, NSW 2794

For further information
Contact: George Wright
Union: Australian Council of Trade Unions
Contact Mobile: 0419 556 616 
 


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