New State IR laws bulldoze workers' rights

by Rohan Gowland

The South Australian Government has announced harsh new amendments to the 
state's industrial relations laws that have the aim of stripping away 
workers' rights and replacing collective bargaining with individual 
contracts.

In response, the union movement is planning a state-wide campaign of 
industrial action to oppose the proposed changes.

Called "Focus on the Workplace", the package of amendments is expected to 
be introduced into Parliament this month.

It includes no guaranteed public holidays, stripping of award conditions, 
exempting employers from unfair dismissal laws, and banning union officials 
from entering worksites.

Through these provisions it will be easier for employers to increase the 
exploitation of workers.

The use of individual contracts will be extended to more employers. 
Currently only about 40 per cent of businesses are able to access the 
federal form of individual contracts — AWAs. The Government's amendments 
will enable all South Australian employers to make individual 
"agreements" with each of their employees.

The contents of these contracts will be secret, no other employee will know 
what pay or conditions their fellow workers have, and the unions will not 
know, either.

The award will be "simplified" to a mere "safety net" of the barest minimum 
conditions, similar to the federal award-stripping process, affecting those 
workers who haven't an individual contract or enterprise agreement.

Awards must be simplified within 18 months of the commencement of the new 
legislation.

It will be easier for employers to sack workers for any reason — including 
political activity.

Casuals lose rights

The new provisions for unfair dismissal say that only employees who "are 
entitled to expect ongoing work from their employer are also entitled to 
expect their employer to treat them fairly".

The inference is that casual workers are not "entitled" to expect ongoing 
work and, therefore, can't expect "their employer to treat them fairly".

Under the provisions, casual employees will not be able to claim unfair 
dismissal unless they have worked for the employer on a regular and 
systematic basis for more than 12 months and have a "reasonable" 
expectation of ongoing work.

Employees with less than six months continuous service will not be able to 
claim unfair dismissal.

All employees of a small business will be unable to claim unfair dismissal 
within their first 12 months with that employer.

This will only encourage employers to chop and change shifts, keep 
employees "on call", and constantly sack workers. It will mean increased 
uncertainty, casualisation, and workers not being offered regular work for 
any longer than six to 12 months.

Denying the rights of casual workers to unfair dismissal opens the gate for 
employers to offer the worst wages and conditions imaginable.

It is a significant attack on workers' rights, since currently one third of 
South Australian workers are casuals and this percentage will increase 
under these changes which encourage employers to exploit casuals.

Those workers who are "entitled" to claim unfair dismissal, must pay $100 
to lodge their claim. This is a lot of money for someone who has just lost 
their job.

The Government admits that this amount is designed to "deter" some workers 
from making claims as is the provision that the fee will be refunded if an 
employee withdraws his/her claim prior to the first hearing of the case.

Casual employees will also not be entitled to notice of termination.

The Government's plans reveal a wider agenda, by singling out the meat and 
maritime industries. It says some workers in these industries will not be 
entitled to notice of termination — this could be used to protect the 
likes of Patrick trying to sack and replace a workforce with non-union 
labour.

No protection

Casual workers will have to accept whatever conditions are offered. If they 
take a stand for better conditions, they will be sacked on the spot.

Permanent employees will be offered individual contracts. These contracts 
will be approved by a new body, the Independent Approving Authority 
(equivalent to the federal Employment Advocate), which will approve the 
contract if it meets the minimum criteria set by the proposed new Workplace 
Relations Act 1999.

The Industrial Relations Commission will be replaced by a new body, but the 
Government has not released details of how its role will differ from the 
IRC.

Union officials will only be able to enter a workplace if an employee 
identifies his/herself as a union member. Even then, the official must give 
reasons for the visit and give notice in advance. Officials will not have 
any right to enter a workplace where they cannot prove they have any 
members.

Preference to unionists is also outlawed from individual and enterprise 
agreements.

These measures are designed to sideline the unions and take away their 
power.

The United Trades and Labor Council will be co-ordinating the unions' 
campaign against the proposed changes.

Michelle Hogan, UTLC Acting Secretary, said the changes "are a direct 
attack on the rights of employees to collectively protect their working 
conditions".

If passed these laws "will further undermine the employment conditions in 
SA and see a talent drain to other states."