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Issue No. 320 | 18 August 2006 |
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Fixing the WorkChoices Mess
Interview: A Life And Death Matter Unions: Fighting Back Industrial: What Cowra Means Environment: Scrambling for Energy Security Politics: Page Turner Economics: The State of Labour International: Workers Blood For Oil History: Liberty in Spain Review: Go Roys, Make A Noise
The Locker Room Fiction Politics
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Editorial Fixing the WorkChoices Mess
It's clear that a 'roll back' position is politically untenable, indeed, the system that WorkChoices demolished was itself the result of Senate amendment to an earlier wave of anti-union legislation. The Holy Grail is a viable alternative that protects workers rights while ensuring a dynamic and vibrant economy that creates secure jobs that underpin a healthy community. To its credit the union leadership is approaching this challenge in a systematic way. A group of senior union leaders are finalising their report after a fact-finding mission to Europe and North America. These recommendations will be debated at the October ACTU Congress before becoming official union policy. Those unions affiliated to the ALP will then have the opportunity to press elements of the package into the platform Labor will take the people at the ALP National Conference in early 2007. This is no small task - what is being designed is the next system of work laws to govern the nation. The restoration of fair dismissal rights, enforceable bargaining rights and a fair process for determining the minimum wage are key elements of this new agenda. Debate here will revolve around workability rather than ideology. But a more fundamental question is the debate is over the industrial relations regime that delivers these rights - whether the movement signs up to the Howard Government's vision of a unitary system or maintains the dynamic federation of a federal-state arrangement. This is one debate that may get little public attention - we know that the composition of federal-state relations will have little impact on voters. But this does not mean it is not significant to the future of the movement. Proponents of the unitary system talk of 'modernisation', that a national economy needs one set of rules and regulations for the workplace. On the face of it, this argument has merit, a practical sign that unions are prepared to modernise. Scratch the surface though, and the argument falls down. In an era of free market extremism, the state systems form a buffer, not just for the workers they protect, but for the ideas behind them. As WorkChoices strip back rights and conditions, the NSW IRC is delivering minimum wage increases, maintaining harmonious work relations and enforcing its legislative mandate to put fairness in to the workplace. As State Labor Government's around the nation are discovering, these systems are one of their strongest assets in laying out their credentials to govern. Cashing these in for a shot at running the national economy is a big gamble. Yes, you may gain power for a few terms, but then the pendulum swings back to the Tories the entire population will be at their mercy. Why would unions prefer hedging on the state systems where they have had far more electoral success? Beyond these political considerations, the jury is also out on the economic merits of a unitary system - according to the Productivity Commission, there is 'little pay-off' in a unitary system. Further, the Productivity Commission argues that 'horizontal competition' between the Commonwealth and the states is healthy for the national economy, allowing new approaches to be trailed in one jurisdiction and then spread nationally. Think of some of the recent advances from workplace surveillance protection to gender pay equity - devised in NSW, trialled here, then refined and adapted in the other states. Conversely, conversion of casual employment to secure work has been won at a federal level and then applied by state jurisdictions. The advances have ebbed and flowed between systems, but they have all been in a positive direction. In this context it is easy to see why big business wants to see an end to the state systems where workers rights have been seeded and nurtured. Understanding the union movement's readiness to give them away is harder to fathom. Peter Lewis Editor
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