[July 2009]

The Union Campaign has killed off WorkChoices from 1 July 2009

In 2004 John Howard and the Liberal Government were re-elected and unexpectedly won a two seat Senate majority.  They passed the most radical industrial relations legislation in Australia in 70 years which stripped away basic rights and entitlements of employees.  Employees on AWAs lost penalty rates, overtime, public holidays, tea breaks, 17.5% leave loading and much more.  Employees also lost their protection against unfair dismissal.

The ACTU co-ordinated the Your Rights At Work campaign and the SDA very actively participated in the campaign between 2005 and 2007.  Activities included:

• Delegates meetings
• Petitions
• Rallies
• Visits to Members of Parliament
• Letter Writing
• Senate submissions
• Television Advertising
• Leafleting of members and the general public
• Telephoning of union members in marginal seats
• Journal Articles
• Letters to union members
• SMS to union members
• Work on election day

The ACTU levied unions $3.50 per member in 2005 and $5.50 per member per year in 2006, 2007 and 2008 for the campaign.  Over 2006, 2007 and 2008 it cost the SDA Victorian Branch in excess of three quarters of a million dollars.

On election day in November 2007 the Liberal Government lost office.  The Prime Minister lost his seat in Parliament.  A Labor Government was elected promising to abolish WorkChoices.

The Fair Work Act commences on 1 July 2009.  It abolishes WorkChoices.  It delivers 95% of what the ALP promised before the election.

The main features of the new system are as follows:

* AWA’s abolished
* No new individual contracts
* A modern award system with a secure safety net of wages and conditions
* 10 Legislated National Employment Standards in addition to awards
* Unfair dismissal rights restored
* Collective bargaining for enterprise agreements with wages & conditions above the award safety net standard
* A requirement for bargaining in good faith
* Union friendly provisions may be included in enterprise agreements
* Unions must be involved in enterprise bargaining where there are union members
* A new modern Industrial Commission called Fair Work Australia
* Stronger protection for union members and delegates against discrimination and harassment

Future Negotiations

The new legislation provides a better off overall test (BOOT) against the new modern awards as a base for enterprise bargaining.

The SDA will need to completely review our enterprise agreements and test them against the 10 National Employment Standards and the new modern award for all negotiations after 1 January 2010 when the modern awards commence.

Unfinished Business

Whilst the new legislation is overwhelmingly good, there are improvements which are necessary in the industrial relations legislation.

Firstly, the issue of enterprise awards providing different standards to the industry new modern awards is an outstanding issue which must be resolved.

Secondly, old Australian Workplace Agreements (AWAs) and non-union agreements last indefinitely without any review.  There needs to be a date by which everyone is covered by the standards of the new legislation.

This can be done by a “drop dead” date, i.e. a date by which all old industrial instruments cease to exist.

It can also be done by providing a date by which all old industrial instruments must be reviewed and brought up to the standard of the modern industry award.

Thirdly, the new industrial tribunal – Fair Work Australia – must be given the power to arbitrate any workplace dispute after the exhausting of the grievance procedure without requiring the consent of the parties.  The Australian Industrial Relations Commission and its predecessors had this power for over 100 years until it was taken away by WorkChoices.  It has not been restored under the new legislation.

Objectives of ACTU Your Rights At Work Campaign

The ACTU Your Rights AT Work campaign had three objectives:

1. Change the Government
2. Change the IR legislation
3. Change the Liberal/National Parties IR policies so they never again introduce such radical IR legislation.

We have won two and a half of the objectives.  The third objective is only partially achieved.  The Liberals say they will not reintroduce WorkChoices. But we have not seen their IR policy for the next election and at this stage they do remain committed to “statutory individual agreements” like AWAs.

SDA Members Should Celebrate The Victory

SDA members should celebrate the great victory we have won in the campaign against the harsh and unjust WorkChoices legislation.