Industrial News: October 2009

On 1 July this year, the anti-worker WorkChoices legislation of the previous federal coalition government was consigned to history. On that date, the new Fair Work Act took effect. While the legislation does not go far enough in some respects, it nevertheless represents a significant improvement on conditions under WorkChoices.

The new legislation provides a range of improved protections for employees. While we are yet to see fully what the effect will be, already several decisions of the new industrial body Fair Work Australia have shown that there is great potential for unions to improve the pay, conditions and job security of members.

Bargaining rights

Under the new legislation, employees have improved rights when negotiating for improved pay and conditions under enterprise agreements. An employer is now required, when it starts bargaining for an enterprise agreement, to provide a notice to employees informing them that they have a right to be represented during bargaining. You should contact the ANF if you receive this notice so that the ANF can bargain with the employer on your behalf (if this is not already occurring). An employer is now also legally required to bargain fairly (or ‘in good faith’). This means that an employer must recognise and bargain with unions; participate in meetings at reasonable times; disclose relevant information; give genuine and timely consideration to proposals made by unions; provide reasons for rejecting proposals; and generally refrain from unfair conduct. While an employer is not required to reach agreement, the provisions strengthen the hand of nurses and the ANF to ensure that employers genuinely engage with their concerns. Unions can apply for orders against an employer who is bargaining unfairly and penalties apply if these orders are breached.

General protections

The Act also introduces a number of rights collectively known as ‘general protections’, which expand the rights of employees to belong to and be active in their union, to be represented, and to not be discriminated against or victimised for exercising their rights at work.

An employer must not victimise or threaten an employee for holding or exercising a workplace right. A workplace right is widely defined and includes:

• employee entitlements, for example your right to be absent from work when sick;
  
• performing a role or responsibility, for example being a union delegate or an OHS representative;
  
• the right to join and be represented by your union and to engage in lawful industrial activities (such as voting in a ballot to take protected industrial action); and
  
• the right to inquire or complain about your pay and conditions or a situation at work, such as your wages or a safety issue, including to your employer or the ANF.
  

Andrew McCarthy
ANF Federal Industrial Officer