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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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Anniversary 888

Victorian Workers celebrate 150 years anniversary of the Eight Hour Day

 
From Left: Victorian Women's Affairs and Arts Minister Mary Delahunty; CFMEU Secretary Martin Kingham; VTHC Secretary Brian Boyd; AWU Secretary Bill Shorten.

In 1856 Victorian stonemasons won an eight-hour working day, a world first in the struggle for improved working conditions and a fair split between work, rest and play. 
At the launch of celebrations of the 150th anniversary of this milestone, Victorian Women's Affairs and Arts Minister Mary Delahunty said dividing work and family time was still the biggest challenge facing workers.
"The 150th anniversary of the Eight Hour Day campaign provides an opportunity to look at work practices and pressures and how we can get a better balance," Ms Delahunty said.
"As increasing numbers of workers clock up 50 hour weeks, working parents try to fit school pick ups, shopping, house work and child care into their demanding working lives and more people are complaining about the pressures this balancing act creates."
"150 years after the stonemasons' achievement of the eight-hour day, working time is still a major source of tension and conflict and the casualisation of the work force provides little security for families."
According to the Australian Bureau of Statistics (ABS) 2002 figures, 1.7 million Australians work 50 hours or more per week, twice as many as in 1982.
"Working parents juggles long hours and women are especially affected by the double shift. 56 per cent of Australian women are now in the workforce and around 32 per cent of those are caring for children," she said.
Eight Hour Day Project Coordinator, Leanne Shingles, says there are important lessons to learn from our past.
"We're pleased to be able to offer an eclectic range of events to both celebrate the historic achievement of stonemasons in 1856 and encourage examination of the contemporary struggle to control working hours and lead balanced lives," she said.
"It's time to explode the myth that Australian workers are a pack of bludgers. Study after study reveals we work long hours and feel stressed and pressured. The health of our society is at stake, as well as our relationships and the ability to participate in our communities."
"The ideals of the eight hour day pioneers are just as relevant today as they were 150 years ago, as workers continue to seek a balance of work, rest and play."
Ms Delahunty said the attainment of the Eight Hours Day came only 16 months after the Eureka Rebellion and became a symbol of the rights of workers to organise and take their place as citizens in a democratic society.
Ms Delahunty announced a program of arts event and exhibitions to mark this very important milestone including:

  • Conservation of four nationally significant Eight Hour Day and Trade Union banners. The banners, which will be displayed at Melbourne Museum as part of the 888 anniversary celebrations, were carried in Eight Hour Day (later renamed Labour Day) parades in the late 19th and early 20th centuries by members of the United Ironworkers, Boot Trade Employees, Tramway Employees and Metalworkers unions. I
  • It's About Time! An 8 Hour Day 1856-2006 exhibition which will visit nine regional centres, starting in Ballarat. It tells contemporary stories from people like Gia Underwood, who has reduced the number of days she works to spend more time with her family.
  • Ceremonial armour crafted by tinsmiths in the 1880s was on display at the University of Melbourne during celebrations to mark the 150th anniversary of the eight-hour working day.
  • We Built This City - a Melbourne Workers Theatre production directed by Donna Jackson, celebrates the strength and skill of construction workers in Melbourne.

The 150th anniversary program brings together key organisations including the Australian Centre for the Moving Image; City of Melbourne; Melbourne Workers Theatre; Museum Victoria; RMIT University; State Library of Victoria; University of Melbourne's Ian Potter Museum, Australian Centre and History Department; and Victorian Trades Hall Council.

Eight Hour Day website


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