New IR laws are a major step forward for Australian workers

New industrial relations laws passed by the Federal Parliament today are a major step forward for working Australians and the nation.

The laws will provide working families with stronger rights and protection in the economic downturn, says the ACTU.

They give employees strong collective bargaining rights and represent the beginning of a new era of industrial relations that promises to be good for both working families and the economy.

ACTU President Sharan Burrow said the passage of the Fair Work Law marks an historic moment in restoring workers’ rights.

“After a decade of attacks on working people by the Liberal and National Parties the tide has turned,” said Ms Burrow.

“While the Liberal Party remains hopelessly devoted to WorkChoices, the Australian people want workers’ rights restored.

“Everyone involved in the Your Rights at Work Campaign and all those who voted against WorkChoices will be relieved to see the laws pass through Parliament.

“We can take pride in what we have achieved.”

Ms Burrow said the new laws would deliver:

• Genuine rights for workers to collectively bargain and be represented by their union.

• Unfair dismissal protection for all workers — with workers in smaller businesses having a longer qualifying period.

• A robust new safety net of awards and national standards, along with a fair and transparent process for setting minimum wages.

• An industrial umpire with the teeth to safeguard workers’ rights.

Gillard’s last-minute deal saves Fair Work Bill

THE Deputy Prime Minister, Julia Gillard, has stared down the Opposition to secure a last-minute Senate deal that will guard the Federal Government’s industrial relations legislation and complete the dismantling of the Coalition’s Work Choices system.

In an intense Parliamentary tussle, the Family First senator Steve Fielding switched sides yesterday to back the Government’s Fair Work Bill after Ms Gillard agreed to his request to phase in new unfair dismissal laws.

The deal leaves Labor’s legislation intact, including the central sticking point, the Government’s insistence that special unfair dismissal rules for small businesses should only apply to employers with fewer than 15 employees. It clears the way for the legislation – which introduces 10 minimum employment entitlements, creates a single workplace regulator and increase legal support for unions and collective bargaining – to start coming into effect on July 1.

Ms Gillard said it showed what could be achieved when people who opposed “the disgraceful Work Choices laws” and were committed to fairness worked together.

“What has been starkly revealed in this debate is the complete political humiliation of the Liberal Party, which stood in the way of the Australian people,” Ms Gillard said. “The Liberals failed to move one constructive amendment and are now consigned to the political fringes, where their extreme workplace laws have always been.”

The Opposition Leader, Malcolm Turnbull, said he had taken “a strong and principled stand” on small business unfair dismissal rules. He said the new law would destroy jobs because small business owners would be less inclined to hire staff.

Under Labor’s bill businesses with fewer than 15 employees can sack a worker within 12 months of hiring them without redress. After 12 months they will not face redress if they follow a small business fair dismissal code.

Late on Thursday Senator Fielding, the Opposition and the South Australian independent Nick Xenophon used their Senate numbers to extend these rules to more employers by increasing the threshold to businesses with fewer than 20 employees.

But under yesterday’s deal with Senator Fielding the figure will revert to 15 employees. Until January 2011 this will be calculated in terms of full-time equivalent employees. After January 2011 it will be a headcount of employees.

Senator Fielding said the deal buried Work Choices. “Family First voted against Work Choices because it was a dog; it was a dog that bit Australians harshly,” Senator Fielding said.

Earlier yesterday Ms Gillard and Mr Turnbull traded bitter accusations in Parliament.

Mr Turnbull said she was trying to make a “pathetic political point” against the Coalition.

“We are here … because the Deputy Prime Minister is so callously stubborn, so vain, so determined to get the last bit of political value out of this,” Mr Turnbull said.

Ms Gillard said: “Yes, we are stubborn in doing what we said we would do because we believe in telling the Australian people the truth. I can’t wait to see the bumper stickers from the Liberal Party for the next election: ‘Don’t vote Labor, they are too stubborn in delivering what they promised.”‘

TRANSCRIPT OF PROCEEDINGS 9.09AM, THURSDAY, 6 NOVEMBER 2008

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 19316-1

COMMISSIONER THATCHER

AG2008/1357

cl.2A(1)(b) Sch. 7 – Application for an order to vary pre-reform certified agreement

Application by The Healthy Snack People Pty Limited
(AG2008/1357)
The Healthy Snack People Pty Ltd Enterprise Agreement [2005]

(ODN AG2005/7446)
[AG844412 Print PR965271]]

Sydney

9.09AM, THURSDAY, 6 NOVEMBER 2008

PN1

MR S WOODBURY: I seek leave to appear on behalf of The Healthy Snack People Pty Limited, together with MR P O’BRIEN.

PN2

MS T HIGGINS: I appear on behalf of the employees.

PN3

THE COMMISSIONER: Your name is?

PN4

MS HIGGINS: Higgins, initial T.

PN5

THE COMMISSIONER: Yes, Ms Higgins, thank you.

PN6

MS HIGGINS: Sorry.

PN7

MR S MUELLER: I appear on behalf of the National Union of Workers.

PN8

THE COMMISSIONER: Yes, Mr Mueller.

PN9

MR MUELLER: Yes.

PN10

THE COMMISSIONER: Sorry, Mr Mueller, no objection; and Ms Higgins, no objection to leave being granted?

PN11

MR MUELLER: No.

PN12

THE COMMISSIONER: Yes, leave is granted.

PN13

Yes, Mr Woodbury.

PN14

MR WOODBURY: Thank you, Commissioner. Commissioner, this is an application under clause 2A of schedule 7 for approval of a variation and extension of The Healthy Snack People Pty Limited Enterprise Agreement 2005. The Commission may recall an earlier application in respect of the same agreement, which was matter number 1201 of 2008, and that application ultimately was withdrawn by the company.

PN15

THE COMMISSIONER: Yes.

PN16

MR WOODBURY: Circumstances arose during the course of the application which disclosed that possibly not all eligible employees had been given an opportunity to cast a valid vote and due to the closeness of the vote the company elected to withdraw the application and review its position.

PN17

Commissioner I’m happy to say that the parties to the agreement did review the position and decided to effectively have another vote, and the outcome of that vote was that a clear majority of people voted to support the approval of the variations and extension of the agreement, and I’ll come to that in a moment. So that’s by way of background, to refresh the Commission’s mind as to how we come to be here. It also explains some of the background that’s in the statutory declarations which are quite lengthy. I don’t propose to take the Commission through all of the matters in the statutory declarations but I refer to a number of matters which are by way of history, I guess, or background.

PN18

In terms of the application itself, it’s supported by the application itself which was filed on 10 October. There is then a statutory declaration of Paul O’Brien which is a bulky document with a bull clip, Commissioner. There is then a statutory declaration of Tracy Higgins, which was filed on 10 October, and a statement in relation to the application which asserts that the parties agreed the extension and variation of the agreement; and none of the parties have after 14 February 2008, which is the relevant date, organised or engaged in or threatened to organise or engage in industrial action or applied for a protected action ballot under the Act. That has been filed on 23 October, Commissioner.

PN19

Commissioner, in terms of the actual agreement itself I won’t take the Commission through the terms of the agreement other than to say that it provides significant benefits to the employees. The pay increases are in the order of four and a half per cent per year for three years and there are other additional benefits as well. But there are no offsets so the employees are not being asked to concede any matters in relation to the negotiation of the agreement. So it is indeed a very reasonable and fair agreement that has been reached, in my submission.

PN20

THE COMMISSIONER: So there’s no suggestion that the agreement as varied would result on balance in any reduction in the overall entitlements?

PN21

MR WOODBURY: No, Commissioner. So we say that in terms of the requirements of the Act, particularly I have referred the Commission already to the statement of the parties and then also in relation to the variation and the application of the reduction in overall terms and conditions, we say that that is uncontroversial and has been met.

PN22

In terms of the genuine agreement, Commissioner, the approval ballot was conducted on 2 October by, again, the Australian Electoral Commission. It was a secret ballot. There were 80 employees eligible to vote and of those 80 employees all 80 actually did cast a valid vote.

PN23

THE COMMISSIONER: No one was on leave?

PN24

MR WOODBURY: No one was on leave. Well actually I think they were, yes. Can I say that strenuous efforts were made to locate every single individual to make sure that they cast a vote, so a lot has been learned, I think, in terms of how to conduct a vote. But basically every person did cast a valid vote. 53 people voted to approve the variations and extension, which amounts to around 66, 67 per cent, so roughly two-thirds. That was then certified by the Australian Electoral Commission by way of a letter.

PN25

THE COMMISSIONER: Yes.

PN26

MR WOODBURY: I think it is attached to - - -

PN27

THE COMMISSIONER: It is attached here.

PN28

MR WOODBURY: Yes, in statutory declaration of Mr O’Brien. There’s a letter dated 2 October from Mr Skeynes. The statutory declaration isn’t numbered but it’s towards the end.

PN29

THE COMMISSIONER: I saw it this morning.

PN30

MR WOODBURY: I can hand up the original, Commissioner.

PN31

THE COMMISSIONER: There’s a letter. No, I’ve seen it; it’s attachment L. The result of the ballot was contained within those documents.

PN32

MR WOODBURY: That’s right.

PN33

THE COMMISSIONER: The ballot shows that 53 yes and 27 no.

PN34

MR WOODBURY: That’s correct, Commissioner. So a clear majority was reached on this occasion and so in our submission the requirements of the Act have been met. One of the unusual features of this agreement, which is an employee collective agreement made originally under section 170LK, is that the National Union of Workers made an application under the old Act, if I can refer to it that way, under 170M of that Act, electing to be bound as an organisation under the Act. I call it one of the unusual features, I guess, of this particular agreement in that the NUW has elected to be bound as an organisation and there has been some discussion between the company, on the one hand, and the NUW as to what in fact that practically means. Some of the concerns which the NUW has raised with the company about the application are matters which I’m hoping to address you on now, which will satisfy the Commission that the application should be approved as made. The issues that have been raised by the NUW - - -

PN35

THE COMMISSIONER: Is this still a live issue?

PN36

MR WOODBURY: It’s not a live issue provided I can make some statements on the record, Commissioner.

PN37

THE COMMISSIONER: All right.

PN38

MR WOODBURY: About the rights of the NUW as an organisation bound pursuant to section 170M, and I think that’s been primarily their concern with respect to the agreement. The first issue that they’ve raised with us is concerning their rights of entry under the Act. Through the transition between the old actually and then the new Act, if I can put it that way, after the WorkChoices reforms, the terminology changed somewhat between the two Acts in relation to rights of entry.

PN39

For our part, in terms of the applicant company’s part, the company has accepted in the past and will continue to accept firstly that the agreement applies to the NUW as an organisation bound pursuant to section 170M of the previous Act. Secondly, that it continues to be able to exercise rights of entry under the Act as it currently is, provided that the requirements of the Act are met; so relevant notice periods et cetera are given, but otherwise we’re happy to concede that the rights of the NUW in respect of entry continue to apply.

PN40

Thirdly, in relation to representation rights on site with respect to members who might request them, the practice of the company in the past, which will continue, is that if an individual member says that they wish to have the union involved in particular issues that might arise then the company in the past has recognised and met with the union concerning those issues, and that practice will continue. So I’m putting that on the record, after discussions with Mr Mueller, for the purpose of ensuring that going forward that there’s an understanding with respect to those matters.

PN41

THE COMMISSIONER: Yes.

PN42

MR WOODBURY: As I understand it that then means that the agreement as made or approved by the employees and the company is available then for Commission to so order.

PN43

THE COMMISSIONER: I’ll only say that I’ll order a copy of the transcript so that that will be available to the parties.

PN44

MR WOODBURY: Unless the Commission has any other questions, we would then say that the requirements of the Act are otherwise met, and seek to have the application granted and the draft order – which I think has been provided to the Commission, but I can hand up another copy – ought be made subject to the submissions of the other parties.

PN45

THE COMMISSIONER: I have a copy of the draft copy. Thank you, Mr Woodbury.

PN46

MR WOODBURY: Thank you Commissioner.

PN47

THE COMMISSIONER: Ms Higgins.

PN48

MS HIGGINS: Nothing sir.

PN49

THE COMMISSIONER: Nothing to add? No.

PN50

Mr Mueller?

PN51

MR MUELLER: Thank you, Commissioner. On the basis of the undertakings given by the company today the NUW, as an organisation bound by the agreement, agrees to the extension and the variation of the agreement.

PN52

THE COMMISSIONER: Very well. Thank you Mr Mueller.

PN53

I’m satisfied that the provisions of clause 2A of schedule 7 have been satisfied and therefore I propose to vary and extend the agreement in terms of the draft order, and this order will come into effect from today, and remain in force until 6 November 2001. Thank you, this matter is adjourned.

PN54

MR WOODBURY: Thank you Commissioner.

<ADJOURNED INDEFINITELY [9.21AM]

Introduction of the Fair Work Bill 2008

1. A new national safety net comprised:
o 10 National Employment Standards (38 hour standard week and no unreasonable overtime; parental, annual, personal, long service, and community leave; flexible work for parents; notice and redundancy pay; public holidays; and information on hiring) applicable to all employees regardless of their occupation, industry or level of seniority; and
o Modern awards that cover most (but not all) matters that have been traditionally regulated by awards in both the federal and State systems; and
o minimum wages for award free employees, set by FWA.
The laws guarantee that safety net will be regularly reviewed to ensure minimum wages and conditions are maintained and adjusted over time and adjusted having regard to economic factors, living standards and the needs of the low paid.
2. The restoration of unfair dismissal rights to employees denied them under WorkChoices, and the extension of unfair dismissal rights to other groups of employees, subject to employees having served either a 6 or 12 month qualifying period. FWA can look at the circumstances of the dismissal, including where the employer claims the dismissal was for operational reasons. In businesses employing fewer than 15 employees FWA will enquire whether the employer has complied with a new unfair dismissal code;
3. New rules regarding agreements and bargaining. The key features are:
o There will be collective agreements that cannot undercut the national employment standards and must ensure every employee covered by the agreement is better off overall that they would be on the award. There will be no new statutory individual contracts, although the phase-out rules allow existing AWAs to remain operative until replaced with a new agreement, even if they provide for conditions that do not meet the “better off overall test”. A union with a member can be bound by an agreement.
o Bargaining must occur in good faith. FWA can resolve disputes about the scope of agreements (ie who should be covered) and whether the majority of employees support bargaining for an agreement. FWA can make such orders as a necessary to ensure good faith bargaining occurs.
o Parties can bargain about a broader range of matters than under any previous laws, including matters that relate to the employer’s relationship with the employees or with a union that will be covered by the agreement, or about payroll deductions. Agreements must contain a disputes clause that provides for an independent party to settle a dispute, although the mechanism to resolve the dispute is left to the parties. There will still be restrictions on unlawful content. While the laws retain the existing uncertainty about whether a matter “pertains” to the employment relationship, FWA will not supervise this and agreements can be validly made that include (unenforceable) clauses about matters that do not pertain.
2
o FWA can facilitate multi employer bargaining for low paid employees. This includes requiring the employers, or other parties such as head contractors, who determine the employment arrangements of low paid employees to participate in multi employer bargaining. As a last resort, FWA can arbitrate wage claims in this stream.
o FWA can settle bargaining disputes where a party persistently breaches good faith orders, where low paid bargaining has failed or where harmful industrial action is occurring.
o There have been limited changes to the rules relating to industrial action, which can only be protected during bargaining, and only if authorized by a secret ballot. Secret ballots can be conducted prior to the expiry of the current agreement; and the acting in concert provisions have been removed. Pattern bargaining remains unprotected, but genuine bargaining at each enterprise for common claims is not pattern bargaining. Strike pay remains unlawful. Where the strike is unprotected employers must dock a minimum of four hours pay, where protected employers need only dock for the period of the stoppage.
4. New rights to be consulted and represented at work, and new protections against unfair treatment. Employees have a right to be represented and it will be unlawful to disadvantage an employee because they seek to be represented, to join a union, or are active in their union. Awards will provide for consultation and representation at work, and workplace agreements must provide for consultation and representation at work. Employees will have better access to advice at work as union right of entry cannot be overridden, unions regain the right to inspect non-member records to ensure the laws are not being breached and there are some new rules to prevent employers frustrating union entry
5. The establishment of a new independent industrial tribunal Fair Work Australia. FWA will: set and adjust minimum wages and awards; supervise good faith bargaining and industrial action; make workplace determinations in certain circumstances where bargaining fails; determine unfair dismissal claims and disputes regarding right of entry, stand down and transfer of business; and deal with grievances through mediation, or with the consent of the parties, through arbitration.
The new Fair Work Divisions of the Federal Court and Federal Magistrates Court will be given new powers to deal, in an informal manner, with breaches of awards, agreements and than national employment standards.

New Collective Bargaining laws will deliver better

wages and conditions for Australian workers

New industrial relations laws introduced into Federal Parliament today will give working

Australians the fundamental right to collectively bargain for better wages and conditions.

ACTU President Sharan Burrow said the Fair Work Bill turns the tide after a decade of attacks by

the former Coalition Government and marks an historic turning point in restoring workers’ rights.

“Workers will be able to stand together with their colleagues and not be picked off individually as

they were under WorkChoices,” she said.

“Workers and their families will be better off and so will the economy.

“The Bill is another step towards reversing the damage done by a decade of anti-worker

legislation by the former Howard Government,” Ms Burrow said.

“It will be a major step forward from WorkChoices, which removed workers’ rights and

undermined wages and conditions.

“Workers and activists campaigned like never before to scrap WorkChoices, and a year ago

millions of Australians said the Liberals and Nationals had gone too far with their assault on our

rights at work.

“We have more than 10 years of harm to undo, but we have turned the tide.

“Everyone who campaigned or voted against WorkChoices should take some pride in what has

been achieved so far.”

Ms Burrow said the legislation should deliver:

• Strong rights for workers to collectively bargain and be represented by their union.

• Unfair dismissal rights for all workers.

• A robust new safety net of awards and national standards, along with a fair and

transparent process for setting minimum wages.

• An industrial umpire with the teeth to safeguard workers’ rights.

Ms Burrow said these new collective bargaining rights will help protect the income and jobs of

working Australians in an uncertain economic environment.

“The legislation is a major achievement but does not mean the campaign for better rights is over,”

she said.

“Unions remain concerned that there are important areas of unfinished business.

“We will never stop pushing for improvements in the workplace and better mechanisms to

safeguard the jobs and living standards of working Australians.”

ACTU:TIME TO DELIVER YOUR RIGHTS AT WORK.

What have the Unions ever done for us

CORROSPONDENTS FROM HEALTHY SNACKS 25/29 SEPTEMBER 2008

AS WE STILL NEED TO STOP THE INTIMIDATION, WE CAN HOPE THE COMPANY WILLING TO HAVE NEGOTIATION ON THE NEW E.B.A!!!!!

JULIA GILLARD PRESS CLUB SPEECH 17 SEPTEMBER 2008