
Issue No 89		23 March 2001

LaborNET	Ask Neale	Tool of the Week

Trades Hall

Neale Towart's Labour review

The man who reckons fashion ended in 1973 is back with the latest in retro-unionsim and news on where the new ideas will flare(s).


	The Man with the Answers

European Works Councils for Australia? by Ron McCallum

McCallum discusses the origins of the Works Councils in Europe as the First World War drew to a close. Part of their role was to calm down possible revolutionary currents in the workers movements in Germany. After World War II and continue to play a prominent role in German enterprises. They do not play a part in collective bargaining, leaving that as a union province, but enhance consultation and discussion of work issues, such as rostering.

The Australian Parliament has the constitutional authority to mandate consultative councils for employers with over 100 employees.

(Age, 9th March 2001)

Woman Hurt After Visiting Her Grandmother was On Her Way Home

A five-member bench of the High Court has found that an employee who was severely injured in a car accident after stopping to have a meal with her grandmother was on her way home from work.

The woman, an accounts clerk, was employed by Lake Macquarie City Council on the NSW central coast. She lived 39kms from her job and travelled there by car. Once a fortnight she visited her grandmother after work, which added about 19 kms to her trip.

In June 1993 after having dinner with her grandmother she ran off the Pacific Highway and collided with a parked truck. She suffered severe injuries, including brain damage, and was unable to remember anything about the accident.

When the case came before the High Court, Chief Justice Gleeson, and Justices Gummow and Callinan said that the woman's "real destination was her own residence. She always intended to spend the night at her own residence".

The judges continued that there was no obligation upon an employee to take the shortest and most direct route from work to home "so long as the journey can be said to be a journey between the worker's place of abode and place of employment". It followed that the primary judge made no error of law in deciding that the woman was undertaking a "periodic journey between her place of employment and place of abode within the meaning of s10(3)(a) of the Act".

Justices Kirby and Hayne supported the majority finding, but delivered separate decisions.

http://www.austlii.edu/au/cases/cth/high_ct/2001/12.html">Vetter v Lake Macquarie City Council [2001] HCA 12 (8 March 2001)

http://www.workplaceexpress.com.au

Using the Corporations Power to Regulate Industrial Relations by Bill Ford

Legislation based on s51(xx) of the Constitution could radically alter settings for employment arrangements in Australia. It could diminish the role of the states, but this would be political choice, not constitutional imperative.

To implement the move, the Commonwealth would have to use other constitutional powers such as external affairs and the conciliation and arbitration to supplement the move.

Ford says that the question really is whether such a system would be better than the current one.

A union view clearly sees the current government as not trying to implement a better system, but aiming for a system to limit the rights of workers and unions.

(Employment Law Bulletin; vol. 6, no. 9)

The Party is Over...or is it? by John Wilson

The liability of employers for injuries to workers at social functions has become an important consideration for all employers. There is no clear answer on the absolute levels of responsibility and this article discusses a few examples.

(Employment Law Bulletin; vol. 6, no. 9)

Tasmanian Public Servants Win Paid Maternity Leave

The new state agreement provides 12 weeks paid maternity leave, removes paid smoking breaks, allows salary sacrifice for superannuation, improves family-friendly leave and work conditions, provides help for those wanting to quit smoking and a pay rise of 9% over 2.5 years.

Family friendly provisions include breastfeeding clauses, extended work breaks in exchange for cuts in pay. For example employees could access the "four over five" scheme whereby they get a 20% pay cut for four years to have the fifth year off.

(CCH Managing Leave and Holidays Update; newsletter 69, 19 February 2001)

Sick Days and Dismissal

Telstra terminated an employee after the person took too many sick days without a certificate, (especially on Mondays and Fridays), even though he had received a final warning over the behaviour. Telstra argued that the use of the word "may" in the award in relation to granting sick leave without a medical certificate meant there was scope for discretion on their part. However a previous ruling of the Commission had held that the award provided a right to sick leave without a certificate subject to specified conditions. Based on that decision they determined that the employee should be reinstated. However, taking into account the employee's conduct and that of Telstra's representatives, it was held that it was not appropriate to maintain continuity or receive lost remuneration.

CPSU & Spicer v Telstra Corporation Ltd (2000) 48 AILR 4-355

(CCH Recruitment and termination Update; newsletter 27, 22 February 2001)

Casuals' Super Guarantee based on Actual Hours Worked

The Administrative Appeals tribunal (AAT) has upheld superannuation guarantee assessments issued to a temporary employment agency based on the actual number of hours worked by the employees.

The Superannuation Guarantee (Administration) Act 1992 (section 23(5) refers to the contribution made as a percentage of the employee's "ordinary time earnings" which do not include overtime.

The agency in this case employed temporary employees to meet short term staffing needs of its clients. Each employee was engaged on a specified number of hours or number of shifts to be worked in a period. Additional shifts were voluntary and no loading paid on the standard rate for additional hours. Some employees worked additional shifts on an ongoing basis.

The super guarantee assessments were issued on the basis of the minimum number of hours, but it was held that the actual hours worked which constituted "ordinary time".

AAT ref: [2001] AATA 124 - VT 1999/438-439 (BH Pascoe, Senior Member), 20 February 2001, Melbourne

(CCH Australian Super News; issue 2, 28 February 2001)

Protecting Both Jobs and the Environment

The push for more stringent environmental standards is often painted as an attack on jobs. Automation, productivity drives and short term management decisions are more significant in reducing job numbers. A new report on green jobs from Michael Renner from the Worldwatch Institute has a different view. He observes that US coal production has increased by 32% since 1980, but employment in the mining of it fell by 66%. The impact of environmental controls on employment is miniscule by comparison.

Reg Green, Health, Safety and Environmental Officer with the International Chemical, Energy and Mineworkers Federation (ICEM) notes that sustainability is a three-legged stool, reflecting economic, social and environmental concerns.

So, union strategy to support long-term policy to create sustainable jobs; and a short term strategy to ensure the workforce experiences a 'Just Transition" to the new jobs. Canadian and US unionists have been working on these new approaches.

Also European unions have had a lot of experience in this area. For example, the German state of North Rhine Westphalia lost 770,000 jobs through the closer of heavy industry. An ambitious investment in environmental and service industries led to the creation of over 800,000 jobs in the years 1984-1994. A green energy plan devised by the Danish general union SID calculated that many thousands of environmental jobs could be created, and would quickly repay the investment whilst cutting carbon emissions substantially. Union involvement was crucial to these strategies.

(Trade Union World; no. 3, March 2001)

View entire issue - print all of the articles!

Issue 89 contents

Interview: Paddy Takes the Helm
Irish, internationalist, republican, socialist & seafarer - Paddy Crumlin intends taking the old traditions of the labour left into the 21st century, the community and cyberspace.

Unions: Breaking the Mould
Mark Hearn looks at how women union delegates are helping to change the culture in the traditionally male bastion of glassworking.

Legal: Washing Their Hands
Mark Morey outlines how Liberal neglect of the working visa system has led to exploitation of guest workers.

International: Violence Betrays Shangri-La
Shangri-La hotel union members carrying a coffin marked Robert Kuok have been assaulted and beaten by police in Jakarta.

Economics: Corporations: Different Than You and Me
Corporations are fundamentally different than you and me. That's a simple truth that Big Business leaders desperately hope the public will not perceive.

History: The Steel Octopus
Be prepared for a flood of Nostalgia from the media about the �Big Australian�, as it prepares to flee our shores and finally internationalise its digging operations. Workers won�t forget BHP�s less than worker friendly past and present (and no doubt it�s future).

Review: Mean Nation
John Allen charts the fall and fall of philanthropy in Australian society.

Satire: Ryan 'A Big Wake-Up Call For Me': Beazley
The narrow victory to Labor in the Ryan by-election has delivered a big slap in the face to Leader of the Opposition Kim Beazley.

» Abbott and �Drinking Buddy� Under Microscope

» Working Visas: Ruddock Sells Dump to Abbott

» Tourist Guides Bussed In

» Fair Wear Holds Breath as Carr Celebrates

» Labor to Restore Public Sector�s Dignity

» Its Time for Carr to Act on Safey on Building Sites

» Bread Maker Slices Workforce

» Workers Show Grace Under Pressure

» Engineers Win BHP Redundancy Case

» Transport Drug Pushers Not Charged

» Training Body Needs $150 Million to Cope with Growth

» HIH Urged To Safeguard Employee Entitlements

» Carr Proposal For Public Schools Flawed

» Human Smirk Returns to Spiritual Home

» McGauchie Appointment Draws MUA Fire

» Bove Loses McDonald's Raid Appeal

» James Hardie Called to Account

» Australasian Union Organising Conference

» Activist Notebook