
Issue No 58		16 June 2000

LaborNET	Ask Neale	Tool of the Week

Trades Hall

Neale Towart's Labour Review

More on the crazy, hazy world of industrial relations from the Man with the Answers.

Sharan Burrow talks to Terry Lane

An interesting interview Terry Lane conducted with Sharan Burrow on the weekend she took over as President of the ACTU

Part-time Workers and Discrimination

The Finance Sector Union (FSU) has lodged a complaint on behalf of 6000 female employees against the ANZ. The bank is restructuring its working arrangements and aims to reduce the working hours of part-time employees, over 90% of who are women. The FSU says that the bank has been advising part-time workers to reduce their hours or resign.

(Equal Opportunity Update; 22 May 2000)

Global Agreements on Workers Rights

The German group HOCHTIEF, one of the world's biggest construction groups, signed an agreement on 15 March 2000, committing it to observe the international labour standards of the ILO in its building activities anywhere in the world.

The International Federation of Building and Wood Workers (IFBWW) and the German Metal Workers Union IG Metall had already signed a similar framework agreement on workers' rights with the Faber Castell company. The IFBWW had reached a similar agreement with IKEA in 1998.

(World of Work; no. 34, April/May 2000)

Drugs, Alcohol and Dismissal

The AIRC has found that the dismissal of an employee after returning an positive result from a random drug test (he had thus allegedly breached the employer's drug and alcohol policy) was unfair.

The AIRC considered the employer had more or less condoned some breaches of its policy because the random testing hardly ever occurred and previously employees had failed pre-employment checks and been employed anyway. There was no evidence that the employee had used drugs whilst at work (a drilling rig) nor that his performance had been impaired.

(Worden v Diamond Offshore General Company Recruitment and Termination Guide; 37-590)

(Recruitment and Termination Update; no. 24, 19 May 2000)

Casual Workers: AMWU case

The AMWU has applied to the AIRC to vary the Metal Industry Award to increase the casual loading from 20% to 30%, restrict the circumstances under which casuals can be employed and, convert casuals to permanent status after 4 weeks.

Ian Campbell appeared as a witness for the AMWU. He raised numerous points about the extent of casualisation . Campbell estimates that 33% of the Australian workforce falls into the category of casual or temporary. In the metal industry the figure is probably around 10%.

Campbell made use of the ACTU stress survey data on the extent of insecurity in the workforce. The Australian Industry Group (AIG) counsel sought to undermine his viewpoint claiming that many casuals expect to be in the same position in 12 months. Campbell responded that it was a scandal that so many people are kept as long term casuals, thus deprived of annual leave entitlements, and are deprived of income altogether when annual closedowns occur.

Also he sad that many casuals don't take any extended leave (unpaid) because they are afraid that if they deny the employers call in they will lose their jobs altogether. Whilst agreeing that some entitlements have been extended to casual employees, Campbell felt they were "pale residues of the benefits available to permanent employees". The hearing continues this month.

(Industrial Relations and Management Letter; vol. 17, no. 5, June 2000)

Contractors and Employee Rights

An AIRC full bench decision in favour of Tony Sammartino, formerly an owner-driver working for Mayne Nickless Express trading as Skyroad Express has found that he was in effect, an employee of the company. The full bench heard an appeal by Sammartino against an earlier decision and used tests for the existence of a contract of service. The degree of control was the key. Sammartino did not contest the fact he was paid as a contract courier. He contended, however, that the terms of his engagement included provisions drawn from the award for employees, and thus his contract was that of an employee to an employer. The full bench found that the degree of control was indistinguishable from that exercised over award employees.

(Industrial Relations and Management Letter; vol. 17, no. 5, June 2000)

Reinstated to a Different Job: casual rights

It is allowable to reinstate an employee to a job category different to the one held before a dismissal. The full bench of the AIRC made this ruling in case where the employee was a casual. The employer had appealed against Cmr Whelan's decision that the employee be reinstated as a daily hire employee. The employer argued that the reinstatement to a different category was not open to the AIRC. After considering s170CH (3) of the Workplace Relations Act the full bench considered that it was reasonably open to the Cmr to reinstate the applicant on the basis of a daily hire employee because the company should not be able to benefit from prior unconscionable conduct (unfairly dismissing the person in the first place).

(Essex Oaks Pty Ltd v Reed, FB of AIRC 6 March 2000) 47 AILR 4-230

Employment Law Update; newsletter 155, 23 May 2000)

Workplace Violence Law

The state of Georgia has introduced a bill to help employers protect against workplace violence. Public and private employers will be able to seek courses of action on behalf of employee victims that include injunctions and temporary restraining orders, both in the workplace and while the employee is acting within the scope and course of employment.

Employment Law Update; newsletter 155, 23 May 2000)

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  Issue 58 contents

Interview: After the Gold Rush
NSW building union leader Andrew Ferguson on life after the Olympics and why Che Guevara is his political hero.

Unions: MUA Women's Policy Back on Course
A hard hitting report by the Maritime Union's women's delegate Sue Gajdos prompts the union to, once again, promote its female members.

Politics: Raising the Rafters
Opposition leader Kim Beazley delivered a stirring address to last weekend's NSW ALP State Conference. Here's every word of it.

History: Time and Tide
Greg Patmore surveys the themes of Working Lives in Regional Australia in this introduction to the latest issue of 'Labour History'

International: Fair in the Land of the Free
More than 20,000 immigrant workers, union members and community and religious leaders packed a Los Angeles Sports Arena on June 10 in support of immigrant workers' rights.

Environment: Life's a Beach
Workers are invited to join an environmental campaign to protect the coastal communities and coastline from exploitation by multinationals.

Satire: More Pacific Coups Forecast
The popular holiday resort of Great Keppel Island is bracing itself for a bloody coup, following the rash of rebel uprisings in other parts of the Pacific.

Review: At the Barricades
Denis Evans' photo essay on the Patrick dispute captures the camaraderie on the Melbourne picket lines - solidarity that, like solder, welded workers and their communities together into a human barricade.

Crackdown on Fiji Workers Intensifies
Building Industry Braces for Post-Games Slump
Call Centre Battle Hots Up
More Sackings Spark Entitlements Showdown
Carr Establishes Labor Hire Inquiry
High Court Puts Workers At Reith's Mercy
Miners Hit the Streets Over Death Threats
Unions Urged to Reignite Republic Debate
Tips Rip-Off Sparks Hotel Picket
Community Workers to Lay Siege to Parliament
Water Workers Accept 14% Pay Rise
Counselling for Workplace Accidents
Korean Food Festival is Union Business
Che Helps Doctors Save Lives
Maude Barlow Public Lecture - Sydney June 27