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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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ILO Condemns Howard's Anti Construction Union Laws


Building Industry IR Laws Breach Freedom Of Association Principles Says ILO

Australian Council Of Trade Unions (ACTU) 21 November 2005

The Federal Government's new industrial relations laws will breach internationally recognised freedom of association standards the International Labour Organisation (ILO) has found.

In a significant set-back for the Howard Government's proposed changes to Australia's industrial relations laws, the Governing body of the ILO requested that the Government amend its new workplace laws because they fail to comply with Australia's international obligations to respect the rights of workers to freely associate in unions and bargain collectively with employers.

The ILO directive relates to punitive new workplace laws the Federal Government wants to introduce in the building and construction industry.

ACTU President Sharan Burrow said the ILO decision confirmed union concerns that new IR laws would remove from Australian workers some of their most basic and internationally recognised workplace rights.

"It is outrageous that the Australian Government should seek to treat workers in this way. What the ILO has confirmed is that under the Government's new workplace laws Australian workers in the building and construction industry will not have access to basic employee rights like freedom of association, the right to participate freely in union activities and the right to bargain collectively with employers."

The Governing Body of the ILO has decided to endorse the recommendation of the ILO's Committee on Freedom of Association which has found that the Howard Government's new laws for the building industry breach core international labour standards.

The ILO has requested the Australian Government to "take the necessary steps" to modify its laws, to keep the ILO informed about how it will improve the laws, especially how it will "eliminate excessive impediments, penalties or sanctions against industrial action" in the building and construction industry.

In it's finding, the Committee said "the right to bargain collectively with employers ...is an essential element of freedom of association, and trade unions should have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those whom the trade unions represent. The public authorities should refrain from any interference, which would restrict this right."

The Committee noted a list of matters that should not be excluded from the scope of collective bargaining by law, or as in this case, by financial penalties. Further, it should "amend the provisions of the Building Code and Guidelines to be in conformity with freedom of association principles" and with ILO Conventions 87 and 98, as ratified by the Australian Government.

The full text of the ILO's report can be found at:

http://www.ilo.org/public/english/standards/relm/gb/docs/gb294/pdf/gb-7-1.pdf paragraphs 409-457.


Contact Details
Susannah Greenleaf
Ph:  0418 479 455


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