Industrial News 2006

May 2006

Free to agree or not to agree? - Hardly!

The Howard Government has vigorously maintained that one of the main reasons its industrial relations changes have been introduced is to provide employees and employers with greater freedom of choice. One can assume this would allow employees and employers - and their representatives - to freely enter into agreements which suit the needs and the circumstances of the parties and their particular workplace. However, with the publication of the full details of the industrial relations changes, it is now clear the federal government is seeking to severely regulate activities in regard to workplace agreements.

The laws now specify that industrial agreements, whether they are certified agreements negotiated on behalf of nurses by the ANF, or individual agreements (AWAs), cannot include matters defined as prohibited content listed below:

• restricting the use of independent contractors or labour-hire workers;
• preventing the parties to the agreement taking industrial action during the life of the agreement;
• encouraging or discouraging new union membership;
• providing for deductions from an employee's pay for union dues;
• allowing employees leave to attend trade union training or trade union meetings;
• prohibiting or restricting the use of individual contracts (AWAs);
• mandating union involvement in the settlement of disputes;
• giving unions the right to enter workplaces;
• providing a process for dealing with unfair dismissals;
• allowing information about employees to be provided to a trade union unless required by law; and finally
• including in any agreements matters that do not pertain to the employment relationship.

It quickly becomes obvious the provisions are intended to limit or make illegal the rights and representative role of trade unions, despite the fact the employer and the employees may have decided unions have a legitimate role in the workplace.

The new laws leave no choice in these matters and just in case you think it may be worth a try, penalties of up to $33,000 apply for even asking to include such matters as part of the negotiation
process.

All new agreements lodged must be sent to the Minister for Employment and Workplace Relations within three weeks; a new gold medal record for government interference in the workplace. The new laws allow for the expansion of matters falling under 'prohibited content.'

No amount of government spin featuring happy smiling workers can bury the real intention behind these new laws. Now more than ever all workers including nurses must defend their right to decent wages and conditions through the pursuit of collective agreements and the right to have access to their union in the workplace.

Nick Blake
ANF Federal Industrial Officer