
Issue No 92		20 April 2001

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News

Small Steps in Negotiations – But Hard Yards Still to Come

An agreement on a framework to consult disputed changes to workers compensation is the only concrete progress from two and a half weeks of consultation so far.

The framework, nutted out over several days of sometimes tortuous negotiations, recognise the need to consult with the trade union movement on key areas of concern.

Working parties will be established to look at American Assessment Guidelines, Determinative Medical Assessment, Psychological and Psychiatric Impairment and Dispute Resolution.

"This framework puts us in the position we should have been in before the government hastily introduced the Bill into State Parliament," NSW Labor Council secretary Michael Costa says.

"It does not represent a breakthrough or any concession on the part of trade unions on any issue. In fact we are yet to be provided with critical information we need to understand the full impact of the Bill."

"Until there is agreement that protects the rights of injured workers, our campaign of education, lobbying and targeted action - including industrial stoppages and bans where appropriate - will remain in place."

The Framework for Consultation

The Labor Council and the Minister acknowledge that there is a need to overhaul certain aspects of the workers compensation scheme.

During the consultation period, the issues of determinative medical assessment and guidelines will be examined in detail. Provided there is a proper framework for appeals and modifications, the parties acknowledge that a form of determinative medical assessment and guidelines may help reduce unnecessary disputation.

The Labor Council position is that any guideline must not adversely impact on the benefits or access to benefits of injured workers, including those psychologically or psychiatrically impaired.

The Minister acknowledges that there are limitations in the AMA guidelines in respect of these and other matters which need to be addressed during the consultation period.

The Minister reaffirms that modification will occur where required to ensure that overall benefits to workers are enhanced.

The Unions and the Minister agree that changes to dispute resolution alone will not resolve the problems in the workers compensation scheme.

It is agreed that there needs to be a strong commitment to:

· Full compliance, with an investigation of all options including significant reforms required to tackle under-insurance.

· Better case management with an emphasis on rehabilitation

· Return to work initiatives

· Workplace safety initiatives

The Minister reiterates his second reading commitment that within the general parameters of the proposed reforms "there will be many amendments to this package, they will be carefully negotiated with Labor Council and the view of the advisory council will be taken into account".

These amendments will be moved by the government as a result of the consultation process with the Labor Council and the Workers Compensation and Occupational Health and Safety Advisory Council, and will be consistent with ALP policy in relation to protection of benefits for injured workers.

Labor Council will develop during the consultation period for discussion and consideration, proposals to reduce the cost of resolution of disputes in the statutory and common law schemes.

The consultation period will be sufficient to enable these tasks to be completed.

Nothing in the framework above should be interpreted as the Labor Council and its affiliates agreeing to any measures in the Bill before Parliament, in particular, on the determinative medical assessment or the AMA guidelines.

Should negotiations break down during the consultation process, the Labor Council and its affiliates reserve the right to withdraw from the process.

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Issue 92 contents

Interview: Beyond the Accord
Simon Crean cut his teeth in the trade union movement, now he's gearing up to run the economy.

Politics: In Defence of Della’s List
The proposition that trade unions should ask members of the ALP for a commitment that they uphold Party policy should hardly be controversial.

Corporate: The Real Rorters
The unspoken sore of the WorkCover Scheme is non-compliance by employers. None more so that in the construction industry, as this CFMEU paper details.

Legal: In the Real World
Lawyer Ross Goodridge exposes the defficincies in the new medical assessment guidelines for workers compensation by looking at real case studies.

International: The Docklands and Global Labour
Ma Wei Pin and Jasper Goss recount how the struggle of a group of Indonesian hotel workers effected a lucrative Melbourne contract.

History: Sweatshops in America
Since the dawning of the Industrial Revolution, many generations of Americans have toiled in sweatshops.

Unions: Losers Never Start
At the end of her six week vigil, Grenadier delegate Michelle Booth gave her heartfelt thanks to the trade union movement.

Review: Working Classes: Global Realities
The Socialist Register 2001 looks at class realities and the lives of workers in the new century.

Satire: Democrats Change Leader
The Democrats have a new leader after belatedly discovering that Meg Lees had become the second Democrats leader in a row to defect to another party.

» Costa To Join Della’s List

» Compo Campaign Gathers Steam

» Della’s List: Dissident MPs Targeted

» Day of Mourning to be Compo Focus

» Small Steps in Negotiations – But Hard Yards Still to Come

» Important First Step for E-Mail Privacy

» Outraged Cleaners Continue AXA Axings Protests

» Grenadier Picket Ends – But Legacy Lives On

» Entitlement Dramas in Health and Printing

» Nurses Still Waiting on Olympics Bonus

» IRC Delays Hit Eight Month Barrier

» Claims of Dirty Tricks Conspiracy at Mobil

» Sydney Water Workers On Strike

» MUA Rides Anti-pollution Wave

» Governments Urged On Child Slavery

» Time To Act on Pay Discrimination

» Construction Union Supports Folk Festival

» Activists Notebook