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  Issue No 36 Official Organ of LaborNet 22 October 1999  

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Labour Review

What's New at the Information Centre

By Neal Towart - Labor Council Informaiton Centre

Read the latest issue of Labour review, a resource for union officials and students.

The Future of Work and Family by Don Edgar

The current debate about work-family relationships has been diverted into concerns about quality of life, workplace stress and the rights of single employees. It needs to be brought back to a focus on the changing nature of family life, the place of women in the new economy, the needs of children and the future of an ageing population. As well, we have lost sight of the need for a partnership between government service support and the limited capacity of workplaces as such to cater for the increasing diversity of family life.

(Australian Bulletin of Labour; vol. 25, no. 3, September 1999)

Where Does Australia Fit in Internationally with Work and Family Issues? by Graeme Russell and Juliet Bourke

Focuses on international trends in work and family issues, in particular legal responses, adoption of workplace policies and innovative approaches. Australian employees compare favourably with those in other countries in terms of availability, but there is much less evidence of Australian organisations adopting a strategic or systematic approach to implementation.

(Australian Bulletin of Labour; vol. 25, no. 3, September 1999)

Dismissing the Unfair Dismissal Myth by Peter Waring and Alex De Ruyter

Challenges the perception that unfair dismissal laws deter employment growth in small business. Successful passage of the Workplace Relations Amendment (Unfair Dismissals) Bill 1998 would result in a loss of rights, namely increased job insecurity, lower productivity, and a narrowing of the meaning of "all" in the government's catchcry of "a fair go all round".

(Australian Bulletin of Labour; vol. 25, no. 3, September 1999)

The Next Working Class: Precarious Employment, Community Unionism and New Organising Strategies in Canada by Carla Lipsig-Mumm�

The erosion of the Australian world of work by state-orchestrated campaigns and laws has much in common with developments elsewhere.

� The spread of precarious employment, the intensification of capital mobility and the actions of governments have combined to weaken union roles in the workplace

� Mass recruitment of the precariously employed is essential

� Union practices and structures will need to be altered to deal with the new workplace

� Canadian experience shows that recruitment and organising need to be linked to community unionism

� Capital is mobile and international. Labour needs to create international links and strategies to deal with the wider world of work

(Just Policy; no. 16, September 1999)

Good Jobs, Strong Communities

The importance of community links and organising strategies are highlighted by the AFL-CIO. Also the Union Cities campaign is discussed, with the revival of city and regional labor councils. Progress of their working families program is reported. Union community funds linking unions with community organisations, education and training for union activists at the George Meany Center and working women campaigns are some of the features of the AFL-CIO strategies, which seem to have at least stabilised union membership.

(America@work; October 1999)

Teamwork in Focus

Betty Arsovska provides a profile of teamwork clauses found in enterprise agreements. The use of teamwork clauses in enterprise agreements has grown from 7.3% of agreements in 1991-2 to 22.8% in 1998. A statistical breakdown by industry and types of clause is provided, as well as examples from local government and steel manufacturing. The advantages of a team based in the workplace are discussed by Anthony Powter.

(Australian Enterprise Bargaining Update; newsletter no. 28, 20 September 1999

Dismissal: breaching duty of trust and the worth of Deeds of Release

An employer's unilateral variation of an employee's conditions of employment and then dismissal of the employee for failing to comply have lead to an order for the employer to pay the maximum statutory amount in compensation, together with common law damages for pain, shock and humiliation. The Federal Court has made the ruling under s170CK(2)(a) of the Workplace Relations Act. Emmerson v Housing Industry Association Ltd. F Ct (Ryan JR) 27 April 1999

Deeds of release are a strategy used by some employer's to remove the possibility of legal action by dismissed employees and which usually state that the employee will make no further claims against an employer in relation to termination. A recent ruling by the AIRC shows that are not such guarantee if the dismissal is found to have been carried out in a harsh, unjust or unreasonable manner.

Le Good v Stork Electrical Pty Ltd (1999) 45 AILR 4-047); Stork Electrical Pty Ltd v Le Good, AIRC, Dec 747/99 M Print R6813, 12/7/99.

(Recruitment and Termination Update; newsletter 21, 20 August 1999)

Employee or Contractor? Tax Office Tries Again

The rapid growth of independent contractors as a substitute for employees has lead to many disputes over the status of workers. Situations where employees resign from organisations but then perform the same or similar work for it as a contractor are becoming more frequent.

The introduction of the GST is likely to create further controversy and test cases as only "enterprises" are able to register with the Tax office for GST purposes.

A Tax Office ruling of 8 September 1999 (Taxation Ruling No TR 1999/13) addressed the issue and consolidated previous rulings and determinations.

In particular the ruling considers:

� Who is an "employee"?

� Payments under contracts that are wholly or principally for labour

An independent contractor is seen as someone who contracts "for services" (achieve a result working in their own business); while an employee is in a contract "of service" (supply of labour to achieve a result and work in the service of an employer).

The ruling lists key indicators in distinguishing between the two:

� The control test

� Whether the substance of the contract is to achieve a specified result

� Whether the service provider has the power to delegate

� Whether the worker bears any risk of the costs arising out of injury or defect in carrying out the work

Conditions of employment such as leave, superannuation and other award benefits are also relevant, along with use of materials (whether provided by employer).

(Work Alert; no. 16/1999, 7 October 1999)


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*   View entire issue - print all of the articles!

*   Issue 36 contents

In this issue
Features
*  Interview: When All�s Not WEL
Suzanne Hammond explains how the federal government�s decision to cut off funding to the Womens� Electoral Lobby wil impact on all women.
*
*  Republic: The Great Constitutional Swindle
In an upcoming book, Peter Botsman argues the blanding out of Australian consitutional history is one of the big barriers to the Republican cause.
*
*  Unions: Beaten by the Clock
Ron Callus from ACIRRT counts the social cost of increased working hours.
*
*  International: Pakistan Military Urged to Protect Workers' Rights
The ICFTU is urging General Pervez Musharraf, who yesterday seized power in a military coup, to take urgent steps to ensure a return to constitutional rule in the shortest possible time.
*
*  History: How the Cunning Fox Survived
Len Fox recently turned 94. He celebrated the event by sending out copies of his latest publication to friends; a booklet of his selected pencil and crayon sketches since 1925, with autobiographical commentaries.
*
*  Satire: Direct Electionists to Keep Voting No
Pro-direct election republicans who plan to vote �no� in the upcoming referendum have announced plans to extend their approach to every future election held in Australia.
*
*  Labour Review: What's New at the Information Centre
Read the latest issue of Labour review, a resource for union officials and students.
*
*  Review: Bowing down before Globalzilla
It is my experience that books that have the word "globalization" in the title should be avoided at all costs.
*

News
»  Timorese Appeal to Democrats to Dump Reith�s Wave
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»  Stressed Out: The Incredibly Shrinking Lunch Break
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»  Kennett Fall a Warning to Carr
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»  Combet Steps Up To The Plate
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»  Thirty Hours at the Wheel - Then Sacked for Complaining
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»  Reith�s Plan for Universities Exposed
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»  Hockey Sticks With the Banks
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»  Push to Downgrade Industrial Tribunals
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»  Peace Stalks the Gong as Matters Bows Out
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»  Rock the Republic - It�s Time
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Columns
»  Guest Report
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»  Sport
*
»  Trades Hall
*
»  Piers Watch
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Letters to the editor
»  Vizard Critics Peddling Lies
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»  Republic Soapbox
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»  Barbies and Kens Eye High Office
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»  Guilty! I Agree with Howard
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»  Egan Speaks - Des Moore's No Friend of Mine!
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