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Issue No. 180 | 30 May 2003 |
Headless Nation
Interview: Staying Alive Bad Boss: The Ultimate Piss Off Industrial: Last Drinks National Focus: Around the States Politics: Radical Surgery Education: The Price of Missing Out Legal: If At First You Don't Succeed History: Massive Attack Culture: What's Right Review: If He Should Fall Poetry: If I Were a Rich Man Satire: IMF Ensures Iraq Institutes Market Based Looting
Sanitarium Casts Democracy into Hell�s Fire Entitlements Revamp � Acid on States Strong Stuff � Commission Star in Court Maritime Hero Takes Final Journey Aged Care in Terminal Condition Strathfield Joins War on Shonks
The Soapbox Solidarity The Locker Room Postcard Bosswatch
Unions Deserve Reputation
Labor Council of NSW |
News Mouse that Roared
The employer, who we are not allowed to name, locked the 56-year-old Meat Workers Union member out when he refused to join hundreds of colleagues on AWAs that stripped them of award minimums, including penal rates, long service and holiday entitlements. The company wouldn't allow Mallard back on the job until AIRC senior vice president O'Callaghan ruled enough was enough. O'Callaghan forbade publication of either party's name for fear of breaching Workplace Relations Act provisions which prevent the identification of parties to AWAs. Workers Online understands that the AWA between them expired in January. Mallard gave permission for his name to be published but the company, understandably, has not followed suit. Meat Workers Union South Australian branch secretary, Graham Smith, said Mallard would be better off on the safety net award although it was three years old. He praised Mallard's determination in resisting 10 weeks of company pressure. "One of the problems we have is that although people might oppose their AWAs they have real problems in sticking these things out so they can be challenged," Smith said. "What he has done will be helpful to others who find themselves in similar lockout predicaments." Central to the farce is the Federal Government's Workplace Relations Act. It talks "freedom of choice" but denies this to new empoyees offered unilateral AWAs, on the basis that they are not employees until they accept. Once the documents expire, however, workers have a theoretical right to opt for award coverage. When Mallard tried to exercise this right he was locked out indefinitely. "Where a company can effectively say - go away until you sign on our terms - there is no freedom of choice," Smith said. "In this situation, the company operates as usual and faces no downside to its industrial action. The individual has no ability to fight back and our argument is that this is plainly unfair." Senior vice president O'Callaghan said it was clear the employee was waiting for "hell to freeze over" and the ingredients existed for an "interminable wait". O'Callaghan said that unless he granted the union an order under Section 127 of the Workplace Relations Act, the lockout would effectively end Mallard's employment.
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