The Guardian July 31, 2002


Overtime ruling sparks call to action

While employers are downplaying the significance of this week's 
"Reasonable Hours" ruling in the Industrial Relations Commission, unions 
have forewarned they will use the ruling as a springboard to launch a wave 
of activism around working life issues.

"This is the start of a cultural shift in the workplace", said ACTU 
President Sharan Burrow.

Yet from the Australian Chamber of Commerce: "(this) has not significantly 
changed the Australian industrial system".

While conceding the AIRC decision was only a "a first step" with key 
components of the ACTU claim rejected, Assistant Secretary Richard Marles 
said establishing a basic right to refuse unreasonable overtime was an 
historic breakthrough.

"Previously, employers had the right to force workers to perform 
reasonableovertime", Mr Marles said. "This decision gives workers the right 
to say no."

He also welcomed the fact that the AIRC had accepted ACTU evidence on the 
scope of both paid and unpaid overtime, noting that in terms of long hours 
Australia ranked only second to South Korea amongst developed nations.

One of the key ACTU claims that the AIRC refused to accept was for an 
extra, paid, two-day break after extreme working conditions, such as an 
average of 60 hours per week over four weeks or 54 hours a week over eight 
weeks, or 26 days over a four-week period.

Builders' 36 hour claim

Meanwhile, the CFMEU (Construction, Forestry, Mining and Energy Union) is 
gearing up to fight a national campaign for a 36-hour week.

CFMEU Construction Division National Secretary John Sutton said the outcome 
of last week's "Reasonable Hours" case left workers with no option but to 
take on this issue on an industry-by-industry basis.

"Overtime is endemic in our industry and we will be co-ordinating action 
around the nation to allow our members to reclaim their lives", Sutton 
said.

"Building workers are currently confronted with a Federal Government that 
has not only set up a political witch-hunt against their union, but 
actively opposes measures to improve the balance in their working lives."

The national common minimum claim-for more than 4000 Enterprise Bargaining 
Agreements that end over the next few months — will include:

* introduction of a 36-hour week from July 1, 2003;
* wages — 15% over 3 years;
* boost in superannuation and redundancy payments;
* limits on the use of casuals;
* "Bargaining Fees" clauses;
* duration of agreements until September 30, 2005.

"We put all building industry employers on notice that we will not be 
diverted from our goal", said Mr Sutton.

"We are naturally open to dialogue with the employers and would like to 
achieve these improvements without industrial stoppages or dislocation."

How hard are we working?

* Australians are working more hours than in any other country in the OECD 
bar one.
* 2.4 million Australians work more than 45 hours a week.
* 1.6 million work more than 50 hours.
* Average hours worked has increased by 3.7 hours since 1982.
* A quarter of full-time employees are not paid for an average of 2.7 hours 
per week.
* A third of Australian workers work hours that would be deemed illegal in 
Europe.

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