News

False Advertising Complaint on Second Wave

The NSW Labor Council will investigate whether Peter Reith has breached the law in naming his anti-worker laws 'More Jobs, Better Pay'.

Council secretary Michael Costa says he'll seek legal advice on whether the naming of the Bill breaches the Trade Practices Act as misleading political advertising.

Costa says the title of the Reith laws is clearly a marketing exercise based on the false premise that the anti-union laws will increase pay and improve working life..

"What these laws will do is the exact opposite - they will erode pay and conditions and increase job insecurity, undermining the quality of working life for thousands of Australians," he says..

"We'll be investigating whether, as the taxpayers fund the passage of legislation and the title of the legislation is being used for propaganda purposes, whether this constitutes publicly funded political advertising. If it does, there's a clear argument that the advertising is misleading."

The so-called "Second Wave" legislation was tabled in the House of Representatives this week and will be considered by the Senate later in the year.

Key elements include:

- making it easier for employers to force workers into agreements which leave them worse off.

- allowing employers to put AWAs into effect before they have been approved.

- making it compulsory for the IRC to issue immediate orders stopping any non-protected industrial action, regardless of the merit of the employer's application.

- imposing complicated procedures for postal ballots of members before industrial action can be taken legally.

- stopping unions entering a workplace unless they have a written "invitation" from a member.

The ACTU has been briefing community and church groups about the impact of the changes in a bid to generate broad opposition to the laws before the Australian Democrats determine their passage. Even employer groups are now beginning to wonder if the Reith laws are going too far (see this week's Interview with Roger Boland).

Lawyers Speak Out

Meanwhile, a national group of prominent industrial lawyers who have just completed the first detailed critical analysis of the latest proposals from Minister Reith.

The 13 - page critique has been signed by more than eighty barristers and solicitors in Sydney, Melbourne, Perth and Adelaide. The group intends to appear before the Senate Committee of Inquiry into the proposals and campaign for their rejection.

The spokesperson for the group, Mr Kevin Bell QC says: "The Australian community must realise that the Reith proposals are not merely evolutionary change but would, if implemented, attack several fundamental features of our industrial system, and most particularly its fairness and balance".

Mr Bell gave the following examples:

� The powers of the Australian Industrial Relations Commission are to be further weakened. Guaranteed life tenure for its future members is to be abolished so that, for the first time, it will not have the independence necessary to be a fair umpire. It will be for the government to decide who will get life tenure or only a seven year term. The Commission is therefore liable to become a tool of government.

� The award system will now exist in name only as the Commission's powers to make awards will be further reduced. For example, in addition to the restrictions previously imposed by Minister Reith's government, the Commission will not have power to make awards in relation to transfer between job locations, training or education, accident make-up pay and skill-based classification structures.

� Unions have again been target for punitive treatment. Access to work places will require written request from workers, industrial action will have to be authorised through complex secret ballot procedures and special powers are to be conferred on the Commission and the Courts in relation to union industrial action.

� Workers will have only a very limited ability to ask the Commission to make awards where minimum conditions are prescribed by State legislation. The Commission will usually be required not to deal with a dispute in such a case. In Victoria, Western Australia and South Australia, where minimum conditions legislation is currently in place, the contract of employment, and not the award system, will be the primary basis upon which employment is regulated. In future award protection will normally be out for workers in those States.

� Small businesses will also have an important existing right taken away. Independent contractors such as truck drivers will no longer be able to ask the Commission to review the fairness of their contracts.

Mr Bell said that "the proposals will ensure that unions get tied up in red tape so that they are not able effectively to represent their members. Special new forms and procedures have been introduced for notifying industrial disputes, engaging in industrial action, holding secret ballots and obtaining access to work places, to name but a few examples".

"At a time when government is trying to reduce red tape for business, it is increasing it for workers and their unions".

Mr Bell said that the Reith proposals were undoubtedly in breach of Australia's obligations under at least two treaties of the International Labour Organisation. "The Committee of Experts of the ILO recently recorded a formal finding that the existing Workplace Relations Act was in breach of ILO law. Minister Reith has responded by proposing amendments that will make the extent of the breach worse."

"Australia once had a proud reputation for fairness and equity in industrial relations. Now it ranks with those nations who do not observe their international laws."

  View entire issue - print all of the articles!

  Issue 20 contents

»	Direct Links to Timor Militia Revealed
»	Child Laws Cause School Camp, Sport Chaos
»	False Advertising Complaint on Second Wave
»	Its Official. Howard's Public Sector Cuts Hurt Everyone
»	Hard-Hats Only as Builders Strip for Outworkers
»	Unions Unite to Protect Jobs in the Bush
»	Square Eyes Workplace Warning
»	WorkCover Scheme Has Passed Use-By Date
»	Bruised Not Beaten: FSU Battles On
»	Gordonstone Miners Win Battle, But Robbed of Justice
»	Currawong Spots Up For Grabs
»	Workers Online Turns 21!

»	Guest Report
»	Sport
»	Trades Hall
»	Piers Watch

»	Thanks from the Hyde Park Hyatt
»	The Chant of a Jilted project Co-ordinator
»	Have the Times Really Changed?
»	You've Got to be Kidding!

Notice Board
- Check out the latest events

Latest Issue

View entire latest issue
- print all of the articles!

Previous Issues

Subject index

Search all issues

© 1999-2000 Labor Council of NSW

LaborNET is a resource for the labour movement provided by the Labor Council of NSW

[ Privacy Statement | Disclaimer | Credits ]

LaborNET is proudly created, designed and programmed by Social Change Online for the Labor Council of NSW